Samuel Blatchford

“ Every officer of an election at which any representative or delegate in congress is voted for, whether such officer of election be appointed or created by or under any law or authority of the United States, or by or under any state, territorial, district, or municipal law or authority, who neglects or refuses to perform any duty in regard to such election required of him by any law of the United States, or of any state or territory thereof ”

“ Before a man can be punished, his case must be plainly and unmistakably within the statute. U.S. v. Lacher, 134 U.S. 624, 628, 10 Sup. Ct. Rep. 625. We are of opinion, therefore, that questions 3, 4, 5, 6, and 7 must be answered in the negative, no fraud being averred in the indictment, and no intent to affect the election or its result, and there being no allegation that the election or its result was affected. This disposition of questions 3, 4, 5, 6, and 7 requires that the demurrer to the indictment be sustained, and makes it unnecessary to answer question 8. ”

“ Because the first count of said indictment and the matters and things therein contained, in the manner and form as the same are therein stated and set forth, do not allege any crime or offense against the laws of the United States, or a neglect to perform any duty imposed by the laws of the state of Tennessee, or otherwise, upon these defendants, as returning officer and judges of the said election. ”