Memorial and biographical history of Dallas County, Texas, Part 17

Author: Lewis publishing company, Chicago, pub. [from old catalog]
Publication date: 1892
Publisher: Chicago, The Lewis publishing company
Number of Pages: 1128


USA > Texas > Dallas County > Memorial and biographical history of Dallas County, Texas > Part 17


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AN AOT CREATING THE COUNTY OF DALLAS.


SECTION 1 .- Be it enacted by the Legis- lature of the State of Texas, that all that territory included within the following limits, in Robertson and Nacogdoches counties, to wit: Beginning on the southern boundary line of Fannin county, three miles east of the eastern boundary of Peters' colony grant; thence, south thirty miles; thence, west thirty miles ; thence, north thirty miles to Fannin county line; thence east with said line to the beginning,-be and the same is hereby cre- ated a new county to be known and called by the name of Dallas.


SEC. 2 .- Be it further enacted, that the inabitants residing within said limits, shall be entitled to all the rights and privileges enjoyed by the inhabitants of the several coun- ties in the State, except as to the right of separate representation until entitled by nuin- bers to separate representation and the rights of having a separate land district.


SEC. 3 .- Be it further enacted, that this act shall take effect from and after its passage. Approved March 30, 1846.


April 18, 1846, another act was passed by the legislature, and provided that the town of Dallas should be the county-seat of Dallas county, and all the courts should of course be held there until otherwise provided by said legislature. The following is the act


182


HISTORY OF DALLAS COUNTY.


AN ACT TO ESTABLISH THIE SEAT OF JUSTICE OF DALLAS COUNTY.


SECTION 1 :- Be it enacted by the Legisla- ture of the State of Texas, that until otherwise provided by law the town of Dallas shall be the seat of justice for Dallas county, and all courts for said county shall be held thereat.


SEC. 2 .- Be it further enacted, that this aet shall be in force from and after its passage. Approved, 18th April, A. D. 1846.


As the previous acts did not provide for election of officers or for any one to manage the elections and make returns of the same, the following act was passed in May, 1846:


AN AOT PROVIDING FOR THE ELECTION OF OFFI- CERS FOR DALLAS COUNTY.


SECTION 1 .-- Be it enacted by the Legis- lature of the State of Texas, that John N. Bryan be and he is hereby authorized to appoint managers to hold and give notice of an election to be held in Dallas county, for a chief justice, sheriff, coroner, clerk of the county court for said county, and that said election be conducted in all respects ac- cording to the existing laws governing elec- tions; and the said Bryan shall, in the order directing the holding of said election, re- quire that the returns thereof be made to him within the time provided by law; and the said Bryan shall give to each person elected a certificate of his election and make returns of said election to the Secretary of State.


SEC. 2 .- Be it further enacted, that the officers elected at said election shall en- ter on the discharge of their respective duties immediately after giving bond and taking the oath of office prescribed by law; and that this act shall be in force from and after its passage.


Approved 12th May, A. D. 1846. In the year 1850 another act of the legis- lature was adopted with reference to the seat of justice, as follows:


AN ACT TO PROVIDE FOR FIXING THE BEAT OF JUSTICE OF THE COUNTY OF DALLAS.


SECTION 1. - Be it enacted by the Legis- lature of the State of Texas, that the second Saturday of May, one thousand eight hundred and forty-eight, be fixed as the day of holding an election in the county of Dallas for the selection of a suitable place for the permanent location of the county seat of justice of said county; and it shall be the duty of the chief justice of said county to give public notice of the same in writing, to be posted up at the different precincts, imme- diately after the passage of this act, and to issue writs of election to the different pre- cincts, at least ten days prior to said election.


SEC. 2. - Be it further enacted, that it shall be the duty of said chief justice to re- ceive and make public in writing posted up at the different precincts such propositions as inay be offered by the citizens of the county, as inducements in favor of the selec- tion of places recommended as suitable loca- tions, for the county seat of said county.


SEC. 3. - Be it further enacted, that the propositions submitted to the chief justice in compliance with the second section of this act shall be in the shape of penal bonds, and shall be collected at the suit of said chief justice or his successor in office, in the Dis- triet Court, for the use of the county, and the proceeds applied to the erection of county buildings.


SEC. 4. - Be it further enacted, that the eleetion for said county seat shall be con- ducted in conformity with the existing laws


183


HISTORY OF DALLAS COUNTY.


regulating elections at the time thereof, and the returns made to the chief justice, in ten days after the election, who shall declare the place receiving the highest number of votes to be the legal seat of justice of said county, provided, any one place shall have received a majority of all the votes polled at said elec- tion; but in the event that no one place shall receive a majority as aforesaid, then and in that case it shall be the duty of the chief justice to proceed to order another election after giving notice as in the first instance, putting in nomination the two places that have received the greatest number of votes, which shall be condneted and returns made as heretofore provided, and the place then receiving the highest number of votes shall be declared the county seat of justice, pro- vided it shall not be more than five miles from the center of said county.


SEC. 5 .- Be it further enacted, that Will- iam Jenkins, James J. Beeman, William Hoarde, Micajah Goodwin and R. J. West, of whom three may constitute a quorum to do business, shall be and they are hereby appointed commissioners to lay out and sell lots if necessary, and to superintend the car- rying out of such propositions as may have been made in behalf of the location selected, and report to the chief justice, whether or not the bonds containing propositions in fa- vor of said selected place have been strictly complied with by the makers and obligors of the same.


SEC. 6 .- Be it further enacted, that as soon as the county buildings are received by the commissioners and reported to the chief jus- tice, the clerks of the District and County Courts, sheriff and district surveyor, shall remove their offices and papers to the place selected as the county seat, and all courts thereafter shall be held at the same county seat.


SEC. 7 .- Be it further enacted, that all laws and parts of laws, conflicting with this act are hereby repealed; and that this act take effect and be in force from and after its pas- sage.


Approved March 20, 1848.


It is probable that the above failed to meet requirements in settling this election; so the following act was passed concerning a gen- eral election.


AN ACT TO LOCATE THE SEAT OF JUSTICE OF DALLAS COUNTY.


SECTION 1 .- Be it enacted by the Legis- lature of the State of Texas, that the day of general election for county officers in the year one thousand eight hundred and fifty be and is hereby fixed as the day for holding an election in the county of Dallas, for the selection of a suitable place for the perma- nent location of the seat of justice of said county; provided the north boundary of said county shall be established by that time; and if not, directly after it is established.


SEC. 2 .- That the chief justice of said county shall give public notice of the same in writing, posted up at the different pre- cincts at least ten days before the election.


SEC. 3 .- That he shall receive and make public, in writing as aforesaid, such proposi- tions as may be offered as inducements in favor of the selection of places recommended as suitable locations for the seat of justice of said county.


SEC. 4 .- That the propositions submitted, as aforesaid, shall be in the shape of penal bonds, and may be collected at the suit of said chief justice or his successors in office, in the District Court, for the use of the county, and the proceeds applied to the erec- tion of county buildings for said county.


184


HISTORY OF DALLAS COUNTY.


SEC. 5 .- That the election for said county seat shall be conducted in conformity with the existing laws regulating elections at the time thereof, and the returns made in ten days to the chief justice of said county; who shall declare the place receiving the highest or greatest number of votes to be the legal seat of justice of said county; pro- vided any one place shall have received a majority of all the votes polled at said elec- tion; but in case no one place shall have re- ceived a majority as aforesaid, then the chief justice shall immediately order another elec- tion, giving ten days' notice thereof, posted up as before stated, putting in nomination the two places that receive the greatest mum- ber of votes; which said election shall be con- ducted and returns made as heretofore pro- vided; and the place then receiving the great- est number of votes shall be declared to be the county seat of justice of said county; provided it does not exceed five miles from the center of said county.


SEC. 6. - That Rev. James Smith, Amon McComas, R. J. West, W. J. Walker and Mi- cajah Goodwin, of whom three may consitute a quorum to do business, shall be and they are hereby appointed commissioners to lay out, sell and transfer lots, if necessary, and to superintend the carrying out of such proposi- 1' :s as may have been made in favor of the locat.onse :( c , and report to the chief justice whether or no the ocnds containing propo- sitions in favor of said place have been strict- ly complied with by the makers and obligors of the same.


SEC. 7 .- That as soon as the county build- ings are received by said commissioners, and reported to the chief justice, the clerks of the districts and county courts, sheriffs and county surveyors shall remove their offices and papers to the place selected for said


county seat; and all courts shall be held there- after at the said county seat.


SEC. 8 .- That all laws and parts of laws conflicting with this act be, and the same are hereby repealed; and that this act take effect and be in force from and after its passage.


Approved Jan. 11, 1850.


Under the above and last act the general election was held August 5, 1850, for lo- cating the county seat, and resulted as fol- lows:


For Dallas 191


" Hord's Ridge (now O .k Cliff) 178


" Cedar Springs 101


Total 470


236 votes being necessary for a choice, on the 31st of the same month, August, 1850, another election was held, resulting thus:


For Dallas 244


Hord's Ridge 216


Total 460


231 being necessary for a choice, Dallas was chosen as the county seat.


The following certificate as to the correct- ness of the above acts was made and certified to by the chief clerk of the secretary of said State.


STATE OF TEXAS, DEPARTMENT OF STATE.


I. J. R. Curl, Chief Clerk and acting Secretary of State of the State of Texas, do hereby certify that the within and foregoing is a true and correct copy of the acts of the Legislature of the State of Texas entitled as follows with date of approval: "An Act creating the county of Dallas," approved March 30, 1846; "An Act to establish the seat of justice of Dallas county", approved April 18, 1846; "An Act providing for the election of officers for Dallas county", ap- proved May 12, 1846; "An Act to provide for fixing the seat of justice of the county


185


HISTORY OF DALLAS COUNTY.


of Dallas," approved March 20, 1848; "An Aet to locate the seat of Justice of Dallas county", approved January 11, 1850; the original enrolled bills of said act being now on file in this departement.


Witness my official signature and the Seal of State affixed at the city of Anstin, this the 20th day of April, A. D. 1892.


J. R. CURL,


SEAL.


Chief Clerk and Acting Secretary of State.


COUNTY OFFICERS.


By order of Commissioner John Neely Bryan, on the 13th day of July, 1846, an election was held to choose the first county officers for Dallas county, who were to hold their office for the term of two years, and below are given not only the names of the officers elected at this election, but also all who have held the offices of Dallas county from 1846 to 1892, the present year, either by election or appointment, as shown on the records of the county:


JULY, 1846, TO AUGUST, 1848.


Chief Justice . John Thomas Probate Judge Dr. John Cole


District Clerk . John C. McCoy; also Dr. Samuel B. Pryor, who was ap- pointed to finish the term which was declared vacant because of the resigna- tion of McCoy before his term of four years, the length of the term at that time, had expired;


County Clerk William M. Cochran Sheriff John Hnitt Coroner Anson McCrackin


Assessor Benjamin Merrill


1848 To 1850.


Chief Justice William HI. Ford


County Clerk


John W. Smith


Sheriff.


. Roland Hnitt


District Clerk


Dr. Samuel B. Pryor


Assessor


Benjamin Merrill


Coroner


Anson MeCrackin


1850 то 1852.


Chief Justice . Smith Elkins,


who resigned, and John W. Latimer was


elected June 30, 1851, to finish his term ;


Distriet Clerk


Edward C. Browder


County Clerk


. Alexander Harwood


Sheriff


Trezevant C. IIawpe


Assessor and Collector .. William M. Leonard


County Commissioners-A. C. Ilaught, William J. Walker, J. V. Mounts, and Joseph A. Chapman.


Coroner . Anson MeCraekin


Justice of the Peace for Precinct No. 1 ..... Jolın Scurlock


Constable.


Jolın H. Daniel


County Treasurer


Dr. John Perry Dakan


1852 To 1854.


Chief Justice James W. Latimer


Sheriff.


T. C. Hawpe


County Clerk


Alexander Ilarwood


Distriet Clerk .


Edward C. Browder


Assessor and Collector.


N. T. Stratton


Treasurer


Dr. A. D. Riec


Coroner


J. B. Robinson


County Commissioners-Jeremiah Hal- ford, William II. Chenault, William O'Gninn and James Chapman.


Justice of the Peace for Precinct No. 1 .....


Allen Beard Constable. . F. G. Eakins,


who resigned in 1853 and John II. Dan- iel was elected to fill ont the term.


186


HISTORY OF DALLAS COUNTY.


1854 TO 1856.


Chief Justice James M. Patterson


District Clerk .


Edward C. Browder


County Clerk


William W. Peak


Sheriff Adam C. Haught Assessor and Collector .. Thomas C. Williams Treasurer . R. J. West


County Commissioners-S. A Fisher, A. M. Horn, F. A. Winn and Creatlı Renfro.


Justice of Precinct No. 1. .... Allen Beard;


which office, having been vacated by Beard in August, T. C. Hawpe was elected to fill the same.


Constable . .John H. Daniels


County Surveyor


. John H. Cole


(This office was then lately created.)


District Judge . N. M. Burford


District Attorney


John C. McCoy


1856 TO 1858.


Chief Justice. James M. Patterson


District Clerk


E. C. Browder


County Clerk


W. K. Masten


Sheriff


Henderson


Treasurer.


R. J. West


County Surveyor.


D. C. Smith,


and he having resigned John H. Cole


was elected.


Assessor and Collector. . Thomas C. Williams Justice of Precinct No. 1. .. James N. Smith Constable . . Wormley Carter


County Commissioners-F. A. Winn, S.


A. Fisher, A. M. Horn, and James Chapman.


1858 то 1860.


Chief Justice James M. Patterson


County Clerk W. K. Masten


District Clerk E. C. Browder Sheriff Wormley Carter


Surveyor William H. Thomas


Assessor and Collector .. James P. Goodnight Justice of Precinct No 1. . . James N. Smith Constable Asher W. Carter


County Cominissoners-James Chapman, who resigned and A. J. Witt was elected in his stead; F. A. Winn, William Sprowls, and S. A. Fisher.


1860 то 1862.


James M. Patterson


Chief Justice


Allen Beard


Sheriff


William H. Thomas .Surveyor


Ed. W. Hunt


Treasurer


George W. Laws


County Clerk


Ed. C. Browder .


District Clerk


James P. Goodnight. . Assessor and Collector J. L. Smith ....... Justice of Precinct No. 1 James Sheppard . Constable County Commissioners-William Sprowls, Thomas J. Nash, James H. Holloway and J. McCants.


1862 TO 1864.


James M. Patterson Chief Justice


N. O. McAdams


Sheriff


Ed. C. Browder


District Clerk


George W. Laws


Connty Clerk


John H. Cochran.


Assessor and Collector


J. P. Thomas


Treasurer


William H. Thomas .Surveyor John J. Eakins .... Justice of Precinct No. 1 John E. Lindsey Constable County Commissioners-William Sprowls, Isaac B. Webb, James H. Holloway and Thomas J. Nash.


1864 TO 1866.


James M. Patterson.


Chief Justice


George W. Laws


County Clerk


N. O. McAdams . Sheriff


John Il. Cochran


Assessor and Collector


Treasurer


Edwin M. Hunt


187


HISTORY OF DALLAS COUNTY.


James P. Thomas Treasurer


William H. Thomas . Surveyor Dr. A. D. Rice. ... Justice of Precinct No. 1


Benjamin F. Jones Constable


County Commissioners-Isaac B. Webb, George W. Barton, James II. Holloway and Josiah Claypool,-all of whom served till the provincial government of 1865-6.


Under the constitution of 1866, the follow- ing served as officers:


Z. E. Coombes, County Judge


James P. Thomas .. .County Clerk


William C. Young District Clerk


Jeremiah M. Brown. Sheriff James P. Goodnight ... Assessor and Collector James Sheppard. Treasurer


William H. Thomas Surveyor


John Neely Bryan, { Justices of Precinct


John W. Lane, No. 1.


Matt J. Moore . Constable, Who resigning, George V. Cole was appointed to serve ont the term.


County Commissioners-Isaac B. Webb, J. P. Stratton, George W. Barton and J. R. Clements.


1867-'68-'70.


UNDER RADICAL RULE.


In 1867 all Democrats who were holding offices in the State from Governor down, in- eluding those of each county, were removed by military order as impediments to recon- struction. Afterward the following were ap- pointed :


County Judge A. Bledsoe County Clerk. Samuel S. Jones


Distriet Clerk E. B. Spillman superseded by Ben Long. Sheriff. N. R. Winniford Treasurer. . A. J. Gouffe


Mishel Therenet. . appointed District Clerk in the fall of 1868.


County Commissioners-Isaac B. Webb, John M. Rollins, Samuel C. Phelps and Lewis B. Long.


MARCH 1870, UNDER THE CONSTITUTION OF 1869:


Presiding Justico.


John D. Kerfoot


Associate Justices .


W. J. Halsell, B.


F. Ricketts, Meredith Meyers, Robert S.


Guy.


District and County Clerk . . .. John M. Laws


Sheriff.


. Jere M. Brown


Treasurer. . James P. Goodnight, M. V. Cole,


elected in 1872.


Surveyor


N. A. Keen


Constable


A. H. Hardin,


appointed December 30, 1872.


ELECTION, DECEMBER, 1873.


District and County Clerk Alexander Harwood.


Sheriff


James E. Barkley


Treasurer


M. V. Cole


Surveyor


Robert M. Cooke


Presiding Judge.


Jolm D. Kerfoot


Justices . . . . Thomas D. Coats, Charles


Barker, Thomas L. Frank and William Sprowł. These justices all constituted also the county court.


Presiding Judge ......... Nat. M. Burford, elected April 6, 1875, to fill vacancies. Justice. N. O. McAdams


District Attorney .


.John T. Ault,


who died, and E. G. Bower completed


his term.


1876 To 1878.


County Judge . Robert H. West County Attorney George N. Aldridge


County Clerk.


Aloxandor Harwood


188


HISTORY OF DALLAS COUNTY.


District Clerk


William A. Harwood


Sheriff.


W. M. Moon


Assessor


.James P. Goodnight


Collector


William H. Prather


Treasurer


J. M. Berryman


Surveyor


R. M. Cook


Justices of Precinct No. 1. ... E. C. MeLure


and W. W. Peak.


County Commissioner-Fleming G. Bled- soe, N. O. MeAdams, Wade H. Witt and T. J. Nash.


1878 ro 1880.


County Judge R. E. Burke


County Clerk.


Alexander Harwood


Distriet Clerk


William A. Harwood


Connty Attorney


Robert B. Seay


Sheriff


W. M. Moon


Assessor


R. D. Rawlins


Collector


William H Prather


Treasurer


J. M. Berryman


Surveyor


John T. Witt


Justices of Precinct No. 1. .


. William M.


Edwards, William W. Peak.


Constable. A. H. Hardin


County Commissioners-William J. Kel- ler, N. O. McAdams, W. L. Knox and R. N. Daniels.


1880 ro 1882.


County Judge. R. E. Burke


County Attorney


Robert B. Seay


County Clerk.


Alexander Harwood


District Clerk


William A. Harwood


Sheriff


Benjamin F. Jones


Assessor


. R. D. Rawlins


Colleetor


William H. Prather


Treasurer


J. M. Berryman


Surveyor


Jesse M. Strong


Justices Precinct No. 1


William M.


Edwards and W. H. Price.


Constable. A. H. Hardin


County Commissioners .- William J. Kel- ler, N. O. McAdams, N. K. Grvoe, and W. L. Knox.


1882 то 1884.


County Judge


R. E. Burke


County Attorney


Charles F. Clint


County Clerk


W. M. C. Hill


District Clerk.


Henry W. Jones


Sheriff


William H. W. Smith


Assessor


Beverly Scott


Collector


Charles B. Gillespie


Treasurer


J. T. Downs


Surveyor .


Jessie M. Strong


Justices Precinct No. 1


William M.


Edwards, T. S. T. Kendall.


Constable .


. George Miller


County Commissioners-William J. Kel- ler, W. A. Orr, J. D. Cullom and N. O. McAdams.


1881 TO 1886.


County Judge


Edwin G. Bower


County Attorney


Charles F. Clint


County Clerk


. W. M. C. Hill


District Clerk


Henry W. Jones


Sheriff.


William H. W. Smithi


Assessor


Beverly Scott


Collector


Charles B. Gillespie


Treasurer


Henry H. Smith


Surveyor .


.Jesse M. Strong


Justices of Precinct No. 1. . T. G. T. Kendall


and Henry Schuhl.


Constable.


George Miller


County Commissioners-M. V. Cole, W. A. Orr, W. J. Keller, and N. O. McAdams. 1886 TO 1888.


County Judge.


Edwin G. Bower


County Attorney


.J. H. Taylor


County Clerk .


. W. M. C. Hill


District Clerk


IIenry W. Jones


Sheriff


Henry Lewis


189


HISTORY OF DALLAS COUNTY.


Assessor Beverly Scott


Collector


Charles B. Gillespie


Treasurer


Ilenry II. Smith


Surveyor Charles Archer


Justices of Preeinet No. 1 .... T. G. T. Ken-


dall and William Braswell.


Constable . Dean


County Commissioners-Enoch Strait, N. O. MeAdams, Layfayette Bailey, and W. A. Orr.


1888 то 1890.


County Judge . Edwin G. Bower


County Attorney D. A. Williams


County Clerk. S. Beverly Scott


Distriet Clerk. Joe II. Stewart


Sheriff. W. H. Lewis


Assessor John T. Witt


Sam Hunnicutt was declared elected tax assessor by the commissioners' court and was installed in office. Mr. Witt contested the elec- tion, brought suit for the position, and as the office is a good one peenniarily, one of the best in the county, the suit ended only when it reached the court of last resort, the Supreme Court of Texas, which declared in favor of Mr. Witt, and the office was turned over to him by Mr. Hunnientt during the summer of 1889.


Collector of Taxes Chas. B. Gillespie County Treasurer. Henry H. Smith Surveyor. . Charles Archer County Commissioners-Enoel Strait, N. O. MeAdams, Wiley Garner and W. A. Orr.


Justices of the Peace, Preeinet No. 1- John Henry Brown and S. N. Broswell. Constable Louis Jacoby


1890 To 1892.


Connty Judge. Edwin G. Bower County Attorney D. A. Williams


14


County Clerk S. Beverly Scott


Distriet Clerk. Joe HI. Stewart


Sheriff


William H. Lewis


Assessor of Taxes


.John T. Witt


Collector of Taxes


Louis Jacoby


County Treasurer


W. N. Coe


County Surveyor


John M. Young


County Commissioners-Tom B. Fisher, N. O. MeAdams, E. M. Halsell and W. A. Orr.


Justices of Peace, Precinet No. 1-Ed. S. Lauderdale and S. N. Braswell.


Constable. W. F. Morton


REPRESENTATION IN CONSTITUTIONAL


CONVENTIONS.


To the secession convention, January 28 to March 25, 1861, the delegates representing Dallas county were Pleasant Taylor, Thomas J. Nash, E. P. Nicholson, W. S. J. Adams.


John Henry Brown, now of Dallas, repre- sented Bell and Lampasas counties in the same convention, and was author of the declaration of the causes which impelled the State of of Texas to secede from the Federal Union.


To the constitutional convention of 1866, under President Johnson's proclamation : Alexandor Harwood and James K. P. Record.


To the reconstruction convention of 1868 -'69: A. Bledsoe, known as " Big A."


To the constitutional convention of 1875: John Henry Brown, of Dallas; Nicholas H. Darnell, of Tarrant, and John W. Ferris, of Ellis (one distriet).


Wm. B. Wright, for some years since of Dallas, represented Lamar county in that con- vention. William L. Crawford, now of Dallas, represented Marion county.


190


HISTORY OF DALLAS COUNTY.


Under the general head of Dallas county as organized, it is proper to place the names of all those who have been officially con- nected with it as a county, including the representation at constitutional conventions and legislative bodies.


Owing to the elose of the war and provis- ional goverment by the appointment of Pres- ident Johnson, there was no election in 1865, The president appointed A. J. Hamilton pro- visional governor, who served from July 25, 1865, to August 1866.


Under the constitution of 1866 and the session in that year J. K. P. Record, of Dallas, was senator. The constitution and government were overthrown by the recon- struetion act of Congress of March 2, 1867, and various supplementary acts, and from July 30, 1867, to April 16, 1870, the State was under military government.


The reconstruction convention of 1868, in its dual sessions, was largely, but by no means entirely, composed of irresponsible adventur- ers, lately enfranchised slaves and political mendicants, with a sprinkling of men who can be described as ignoramuses. The follow- ing delectable morceau, introduced by a dele- gate elaiming to be a native Kentuckian, is illustrative of the latter species of the genus homo. By this convention a new (com- monly ealled the "reconstruction") consti- tution was framed by a convention assembled in Austin in June and December, 1868, when many thousands of the people were dis- franchised, while the negro, for the first time, was allowed to vote.




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