Brown v. Haselman

• Citation: 95 S.W. 136
• Parties: BROWN v. HASELMAN.
• Decision Date: 28 May 1906
• Court: Arkansas Supreme Court

95 S.W. 136

BROWN v. HASELMAN.

Supreme Court of Arkansas.

May 28, 1906.

Appeal from Circuit Court, Hempstead County; Joel D. Conway, Judge.

Action by F. A. Brown against E. Haselman. From a judgment for defendant, plaintiff appeals. Affirmed.

Kirby & Carter and C. C. Hamby, for appellant. Jas. H. McCollum and Jobe & Eakin, for appellee.

McCULLOCH, J.

This is an action to recover the prescribed penalty for an alleged violation of the following statute: "If any judge or clerk of any election, or any other person concerned in the conducting of any election, shall neglect, improperly delay or refuse to perform any of the duties required by law, having undertaken to do so, or shall be guilty of corruption, partiality or manifest misbehavior in any matter or thing appertaining to such election or shall unduly attempt to influence the election, he shall forfelt and pay the sum of two hundred dollars, to be recovered by indictment, or by action of debt, in the name of any person who may sue for the same." Kirby's Dig. § 1667. It is alleged in the complaint that the defendant was one of the judges of the annual school election held on the third Saturday in May, 1904, in the school district of Ozan, in Hempstead county, and, together with his fellow judges of election, refused to permit the plaintiff, who was a qualified elector of said district, to vote. The circuit court sustained a demurrer to the complaint, and the plaintiff appealed.

The sole question presented for our consideration is whether or not the statute in question applies to elections held in single school districts organized in cities and incorporated towns. This section was a part of the statute enacted January 23, 1875, entitled "An act providing a general election law." (Acts 1874-75, p. 92.) The act in terms applies only to general elections of state, county, and township officers and to special elections held to fill vacancies in said offices. Another section of the same statute provides a penalty for keeping open dramshops on the day of any election; but this court in Stout v. State, 43 Ark. 414, held that it did not apply to school elections. The act of April 10, 1893 (Acts 1893, p. 251), regulating elections in single school districts, provides in express terms that the act of March 4, 1891 (Acts 1891, p. 32), regulating general elections, shall have no application. The act of April 10, 1903 (Acts 1903, p. 224), provides that "it shall be lawful for the county court of any county...