Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 340
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340 ROGERS V. JOHNS. [Term of
Opinion of the Court.
"clerk of the District Court of the county in which the residence
of the party holding the certificate of election is; and
"when so filed, the entry of the trial shall be made upon the
"docket of said court, the same as in other causes, and shall be
"tried at the next term of said District Court, and upon the
'rules governing proceedings in other causes; and if, upon
"trial, any vote or votes be found to be illegal or fraudulent,
"the court shall subtract such votes from the poll of the can"
didate for whom they were given; and, after a full and fair
"investigation of such evidence, shall decide to whom the office
"belongs; or should the election appear to have been illegally
" and fraudulently conducted, to order a new one, as the case
' may be; and the costs of suit shall be taxed by the court ac"cording
to the laws governing costs in other causes; and such
"causes shall have precedence over all other causes.'
E. J. c& _i X. Wilson, for appellant.
Ml-unson & Shephard, for appellee.
GOULD, J. Appellee Johns took the steps prescribed by the
Act regulating contested elections (Gen. Laws of 1873, page
67) to contest the election of appellant Rogers to the office of
justice of the peace of precinct No. 2, Brazoria county-for
which office they were opposing candidates at an election held
December 2, 1873. The cause was regularly docketed and
tried in the District Court of Brazoria county, resulting in a
judgment that the contestant Johns was entitled to the office.
From that judgment an appeal has been taken, or sought to be
taken, to this court. The statute does not give the right of
appeal in such cases, and we are of the opinion that no such
right exists. The determination of the result of an election is
not a matter pertaining to the ordinary administration of the
law in courts of justice, but is in its nature a political question,
to be regulated, under the Constitution, by the political authority
of the State. The Legislature has seen fit to constitute
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/348/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .