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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 12   View pdf image (33K)
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sioners have undertaken to misapply the moneys and
funds of this State within their respective control in be-
half of holding the election aforesaid, said election being
without warrant of law, and which the constituted author-
ities of this State, if they be faithful, will and must hold
for naught. And that as taxpayers to the treasury of the
State they are thereby exposed to damage.
And further, that your orators, by their oath of al-
legiance, are disabled from acting as judges of election at
the election aforesaid, without being liable to heavy pen-
alties.
And further, that said election will be an election wholly
without those safeguards which surround a legal election,
as no perjury, illegal voting, making up a false return, &c.,
can be punished by law. ——————
They therefore pray that the said pretended law may
be declared null and void, and that said election may be
declared without warrant of law, and that William Thom-
son, sheriff, may be inhibited from advertising or continu-
ing to advertise the election aforesaid in the newspapers,
or giving any public notice of it, and also that said Board
of Police Commissioners may be inhibited from appointing
clerks of election for the election aforesaid, and from do-
ing all such acts as they may do by right and custom for
the holding of a lawful election in respect to the election
aforesaid, and that a writ of injunction may be issued in
accordance with the foregoing prayer.
The bill was accompanied by the usual affidavits, and
was filed in open court by Alexander M. Rogers, Esq.,
counsel for himself and other petitioners. Mr. Rogers
stated that he would, on Monday morning, file printed
notes of argument.
S. Teackle Wallis, Esq., counsel for the Police Board,
having been sent for by the court, asked leave to examine
the paper. After glancing at its contents, he said that
he had not been able to read it carefully, but so far as he
could see, it appeared to be an effort of some four or five
persons to assume the government of the State, or get the
court to assume it. In either aspect it was a very serious
matter, and he should like to see the notes of the com-
plainant's counsel before filing his own, as the court sug-
12


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 12   View pdf image (33K)
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