260 F. 64 | 8th Cir. | 1919
Each of the defendants in error, J. A. Venable and'J. V. Boyd, brought his separate action in the court below on March 23, 1917, against Harry A. Wayne, Walter Alexander, and others for $5,000 damages and $10,000 punitive damages, because, as each of the plaintiffs below alleged, Wayne and Alexander conspired and combined with each other and others to prevent them who were qualified electors in Eagle Township, Ark., from casting their votes therein for presidential electors, United States Senator, and a member of Congress at the general election in that township on November 7, 1916, when and where presidential electors, a United States Senator, and a member of Congress were to be voted for and elected, whereby each of the plaintiffs was deprived of the privilege of voting for any .candidate for presidential electors, or United States Senator, or for Congressman, at that election. By order of the court the two actions were consolidated and tried together, and they resulted in a verdict in favor of each of the plaintiffs against Wayne and Alexander for $2,000. Judgments accordingly were rendered, and the defendants below here complain of six alleged errors in the trial.
The third complaint is that the court erred in stating in the presence and hearing of the jury after it had overruled defendants’ objection to the question propounded by plaintiffs to their witness Lee calling for the official list of the electors of Eagle township of 1916 as follows: “It may be introduced for the purpose of showing that for the purpose of carrying on the original conspiracy they failed to provide the means of voting for a sufficient number, as required bylaw.” In this remark the court referred to the list of taxes paid in 1916 prior to the first .Monday in July, which plaintiffs’ counsel offered to introduce to show that the number of booths required by law, a booth for each 100 electors, had not been provided. To this remark of the court Mr. Rogers, one of the counsel for the defendants, said, “To which ruling of the court the defendants .by their attorneys
The fourth complaint is that the court refused to instruct the jury to return a verdict for the defendants at the close of the evidence. Upon nearly every material issue at the trial the evidence was conflicting. This complaint therefore does not present the question of the weight of the evidence, for it was the exclusive province of the jury to determine that issue, and they have decided it against the defendants. The only question within the jurisdiction of the court is whether or not there was any substantial evidence to sustain their verdict, and in considering that question every material issue of fact upon which there was a substantial conflict in the evidence must be treated as decided in favor of the plaintiffs.
An action for damages in the proper federal court lies by a qualified elector for his wrongful deprivation of this right by a defendant or by an effective conspiracy of several defendants who deprive him thereof. Wiley v. Sinkler, 179 U. S. 58, 62, 63, 64, 21 Sup. Ct. 17, 45 L. Ed. 84; Swafford v. Templeton, 185 U. S. 487, 491, 492, 22 Sup. Ct. 783, 46 L. Ed. 1005.
The Statutes of Arkansas (Kirby’s Dig. § 2812) provided: “The polls shall be opened at eight o’clock a. m. and shall remain continuously opened until half-past six o’clock p. m.” The polls were not opened for voting until about 9:30 a. m., and a recess was taken for lunch.. There were about 220 votes usually cast at an election in Eagle township generally, but at this election only about 105 were received. When the polls were opened, and for an hour or more before that time, there were about 100 men waiting for the polls to open so that they could vote. The.electors were not admitted in the order of their arrival or of their proximity to the polling place, but Mr. Ritchie, by calling or beckoning, selected those who should vote and admitted them, while at the same time he repeatedly refused to admit those nearer the entrance who had been waiting longer. Automobile loads of voters came to the polls from Mr. Swartz’s place and Mr. Wilder’s place, while many voters who had been waiting to vote and had repeatedly been refused admission to the polling room by Mr. Ritchie were still waiting to vote. Mr. Swartz came out of the polling room to these men as they came up in the automobiles, led them up to the door, and they were admitted by Ritchie and permitted to vote one after the other until they had all voted, before any other voter who had been refused admission was permitted to enter the polling place. The voting was very slow — from 5 to 20 minutes were used to get in a single vote, only o.ne voter was admitted to the polling place at a time, and no other one was admitted until he came out, save in exceptional instances until about 15 minutes before the polls closed, when announcement was made that the polls would close in 15 minutes, the door of the polling room was opened, and during that 15 minutes voters were admitted more rapidly, but it was too late for all those present to vote, and 40 or 50 of them were still there trying to get in and vote when the polls closed, while many, others who had repeatedly tried to vote and had been turned back during the day, had become satisfied that they would not be permitted to vote, and had gone away and were in that way deprived of their rights to vote. Each of the plaintiffs waited long, repeatedly • advanced towards the door and 'tried to vote, and was repeatedly prevented by Ritchie from so doing, and in this way each of the plaintiffs was deprived of his vote and of his right to vote for any of the candidates at this election.
The existence of the material facts which have been stated, was denied by the testimony of witnesses for the defendants. Whether they existed or not was, as has been already said, a question for the jury, but so many witnesses testified to their existence and so many
The suggestion of counsel for the defendants that the federal court has no jurisdiction over these actions because the plaintiffs produced no direct testimony that they wanted or intended to vote at this election for a candidate for United States Senator, or for a candidate for Congressman, while they proved that they were deeply interested in the election of a candidate for a justice of the peace, is insignificant and negligible. They pleaded in their complaint that they were deprived of their right to vote for a candidate for United States Senator and for a candidate for Congressman by the conspiracy of these defendants which they alleged and the attainment of its object. They proved to the satisfaction of the jury that they were deprived of their right to vote for any one at this election by the conspiracy and the attainment of its object, and as the whole is greater than any of its parts and includes all of them, they proved that they were deprived of their rights to vote for a candidate for United States Senator and for a candidate for Congressman, and that constitutes proof of a cause of action over which the federal court has jurisdiction.
The result is that none of the complaints of counsel, for the defendants of error in the trial of these cases can be sustained. The judgment below must therefore be affirmed’and it is so ordered.