Sublett v. Bedwell

Citations

• 47 Miss. 266

Syllabus

<p>1. Contested elections — justice op the peace. — A justice of the peace, when acting upon a case of contested election under § 391 of the Code of 1871, is not exercising tho jurisdiction conferred by section 23 of article VI of the constitution; butin such case his attitude is more analogous to that which he is authorized to hold under a writ of ad quod dammim. Brown v. Beatty, 34 Miss. 243.</p> <p>2. Same — power op jury. — The duties of the jury in such case are not restricted to a mere count of the votes, but must ascertain if the ballot-boxes have been tampered with; if legal votes wore rejeoted, or illegal votes received; if fraud, violence or intimidation have been employed at the polls; and to what extent, if any, such causes have affected the result.</p> <p>3. Same — appeal to circuit court. — It is error for the circuit court, on appeal from a contested election case before a justice of. the peace, to dismiss the case for want of jurisdiction in the original triers; but the court should proceed to try the cause de novo, on its merits.</p> <p>4. Disqualifications por office. — If the candidate receiving the highest number of votes be under personal disability or disqualification, it docs not follow that the one receiving the next highest vote shall take the office; butthere being, by implication, a negation of the minority candidate, and the majority candidate being ineligible, the utmost that can be said is’that there has been no election; — except in those cases covered by the last section of the schedule to the constitution (articlo xiii, § 15), which was only intended to exclude participants in the rebellion, and must be limited to that object.</p> <p>5. Removal op political disabilities. — If a person disqualified by the 14th amendment of IT. S. constitution be elected to office, and the disqualification be removed before the term begins, the practice has been to let him take the office. Obiter dictum.*</p> <p>6. Case at bar. — Disqualified candidate