183 Ga. 386 | Ga. | 1936
Headnotes one and two are not elaborated.
Part v of title 34 of the Code, §§ 34-2801 to 34-3001, inclusive, has reference to contested elections. Sections 34-2801 through section 34-2901 refer'to contests in elections of designated characters, and are not applicable to any other contested election, unless the contrary is required by section 34-3001, which provides; "Whenever any contest shall' arise over an election of any constable, municipal officer, or other officers not hereinbefore provided' for, the same shall be filed with, heard, and determined by the ordinary of the county wherein such contest may arise, under the same rules and regulations as to the mode of procedure as prescribed in contests where commission is issued by' the Governor. The ordinary shall be entitled to a fee of $2 per day for'each day occupied in hearing said contest, to be taxed as costs, which may
The ruling in the Tupper case must itself be construed. Does it mean that the ordinary has sole jurisdiction to hear evidence of the witnesses? Or may he consider evidence taken by some “judicial officer,” and from that evidence “determine” the contest — that is, render a decision? It is argued that it is illogical and unworkable to permit the justice of the peace to take evidence which is to be the basis for the decision of the ordinary. That it is not the usual method, or the best method, that it is not so likely to lead to the discovery of the truth, all may be conceded. That seems true, because it is an aid in appraising evidence to see and observe the witness. But that may not be so important in taking this kind of evidence as in most investigations, since the evidence may consist largely of documents showing payment or non-payment of taxes. However this may be, that is just the procedure
It is insisted that the opening of the ballot-boxes and the
Judgment reversed.