Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-01
Virginia legislature.
HOUSE OF DELEGATES.
ETidaU. December 2S.
On motion OF MIR. Moore, il was


RESOLVED, That leave be given bring in bill 10 al-
hoze the Board of Public Works, il they shall deem
conducive to the public interest TO contract for the build
ing oil Toll Bridge across Jacksons river the lermna-
ton oil the Kanawha road, and opposite the Gov
ington
Petitions were presented and referred By Mr. Miller
OF Philip Rogers, for authority make turnpike road
over Peters mountain BY Mr. Thornton Of citizens OF
CulPeper county, for division of said county BY MIR.
BrodnaX, OF the American Colonization Society, Tor aid
from the Legislature BY Mr.. Mcdowell, of citizens OF
Augusta, ROckbridge aud Bath countess Tor new coun
ty out oil parts OF those counties
AMHERST CONTESTED ELECTION.
Mr. Marshall, from the committee OF Privileges and
Elections, made report the contested election from
the county OF Amherst, as follows:
&C. The return made by the deputies who conducted the
election at the courthouse having been regarded by YOUR
committee and by the House prinla facie evidence
that Robert Camm entitled TO a seat as delegate
rom the county OF Amherst your committee proceeded
TO enquire into the validity Of that return and ascertain
whether in conformity with the corrected poll az
certified by the board of commissioners designated by the
twelfth section OF the general election law IL appears
That The persons who constituted this board were the
sheriff. the clerk, the commissioner of the revenue and
hree commissioners appointed by the court the law
directs The result of their scrutiny sews that David
8 Garland was elected by majority two Of the legally
qualified voters.
"Itbs board had been legally constituted your commit
tee would at ouce have reported in favor of Mr. Garland
evidence relating the legality or egaiiy of votes
on either side exhibited before them; but a question
Of great novelty and difficulty presented itself for their
consideration ltappears by the affidavit Of Beverly Da-
Wis and Addison Taiaferro the deputies which was an
pended TO their return, and submitted the conside
ration OF the House OF Delegates in the report already
made by your committees that Nelson G.. Dawson the hig
sheriff Of the county, did conduct the election at the
Courthouse but did attend and ociate one the board
OF scrutiny III the high sheriff of the county had
TO act when personally present. tho exclusion of his de
puies who had conducted the election the courthouse
there be doubt that the board properly const
uted and that its proceedings strictly conormable
to law But your committee Of opinion that uasmuch
as the law, in designating the persons who shall COM
pose the board Of scrutiny, requires the attendance of
the sheriff, other officer who conducted the election
at the Court House, it have been the design
Of the Legislature that the sheriff should attend the
scrutiny, only in nc had held tie election at the
Court house, but that the deputy n ne had exercised the
Junction OF the sheriff ia the case should also perform
his duty in the other The pbrascology Of the law is den
hcal III that part which relates TO the officers making the
return aud in that which provides for the organization Of
The board OF scrutiny I'm both il is, "he sheriff other
officer who conducted the election the Court house,;
and your committee felt bound to put the consruc
ton upon these words in the latter case that the House
bad done the former. Whether both the deputies could
oiicate at the board, aud whether, 10 that case, they
should act i0utly severaly, your committee did not
deem necessary 10 inquire because neither in fact oced
but The absence Of botb and the actual presence Of their
principal as member OF the board departure from
the law which might materially effect Tie result
ne law Is pcrcmptory in requiring that the original
polls should be revised and does allow the scrutiny
DO dispensed with except by Of the candidates,
gwen IN writing Your committee are Of opinion there
iofe ha lhe scrutiny IN this case although strictly le
gall 50 lar entitled 70 consideration that the return given
by The deputies to Robert Camm, predicated upon The
gno poll Is not sufficient to enulle bin 10 in the