Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-12-08

seat.
Mr.. Gocnr would usk whether The return by the
High Sheriff contained the date of such return. II
the report did not contain the specification of such
date, he hoped that the Chairman Of the committee
would supply such deficiency. HIS only object was,
that the dale might appear upon the face Of the re-
port.
Mr.. MAY had not the returns, and could not therefore
ANSWER the question about the dates.
Mr.. DoRMAN said that the committee had now made
the report in the Fairfax case, but as there was a ques-
ton to arise III another case, occupying, as he under
stood, precisely similar grounds with the one now under
discussion, he would ask that, upon this question, the
Ayes and Noes be taken.
Nh. SwIrn Of /. Of W., said he had not had time since
lhe meeting ofthc House to examine into This subject, at
least so as TO turn his attention 10 the consideration oftlc
law upon the point, bu; Ii he rccollcctcd Alright, there
was 4 bill on the subject of returns by the sheriff brought
forward during the last session, and upon that occasion
he examined into the subject, and lie would now beg
leave TO ask the Chairman of the Select ommitte wle-
Their lie was right in his impression as TO how the returns
were to be made. He was surprised when he examined
the law, to find il very imperfect upon the subject; but as
far as he could Judge, it stood, that ifthe Deputy Sheriff
who presided at the election, signed the return III ia
vr of any candidate, and the High Sheriff should, after
UGH return had been made, make a return of another
ndidatc, the return signed in the first instance by the
Deputy Sheriff would be the correct one-but that if
The Deputy Sheriff who had been presiding al an cleo
ton, did not make a return until after the High Sheriff
had acted in the matter, then in such case the return
by The Deputy Sheriff would be null and void.
Mr.. Ma chairman of the Select Committcc,D said,
that in the Fairfax case, the Deputy Sheriff conducted
the election, and had given the return i'll the mode pre-
scribcd BY law to MIR. Sangstrr. After the return was
completed, and the acts connected Herewith ended,
the High Sheriff gave i different return, stating MS d
reason that he had rejected the poll at one Of the pre-
cincts. Iu the Frederick case, the Deputy Sheriff who
conducted the election, did not, al the close of the poll,
proceed TO give the return to the gentleman claiming
the seat, and did mt make the return in his favor until
the High Sheriff had made a return IN favor OF MIR. Byrd.
I'M - ~ -.na,a IL. .n,n rnn tna had ~ lnn,lpI
upon, having, at the request of Mr.. Byrd, deferred the
consideration of the matter until tomorrow, and that
was the reason that they had not now reported in both
cases. There was nothing III the report now before the
House that could IN any way forcstal the judgment OF the
House in the other case.
MIR. GoouE said that in order TO bring this discussion
to 4 close, he would move all amendment 10 the report,
which would obviate every difficulty, and which he
doubted not would be adopted unanimously. His
amendment would 60 to show that the whole transac-
ton had been c~onsummated By the Deputy Sheriff,
and that the time had expired in which the principal
had any right 10 act. His amendment was to insert
after the word "thercto,' to wit: on the eth day Of May,
1910.
Mi. May said he had no objection to it. supposing
that to be the day on which the III Oh Sheriff had made
his return.
Mr.. TAYLOR and Mr.. TrYsrALL both requested to
know the reasons of the gentleman from Mccklenburg
for pressing thus amendment.
Mr.. GoopE said the only reason was in order that the
fact might appear on the face of the report.
Il 1T. OsS " Nv " " ~ lSSiaiiH
5 ing the doctrine advanced by the gentleman from Isle
/ OF Wight, that he III whose favor the return was first
made, was the person duly elected. He would observe
that the question of priority of date had no bearing IN
the case-the question was, who was the officer thu
had the right, the legal right to make the return.
The amendment having been made 10 the report, the
question was put that il he adopted.
.lycs-Messrs. Southall, (Speaker1 Cropper, Coles
Carpenter, Wiley, Cnbell, McCue, Stuart, BYRD, Bur
well, Mitchell, V%andoren, Fryatt, Hannah, Jackson
Jones, Haskins, Meredith, Kyle, Flood, Burlington
Tolcr, Irvine, Corbin, Coleman, Cardwell, Cox, Bur
f well of Clarke and Warren, Broadus, Irving, Vaughan
Cotton, Roane, Scott, Marshall of f., Mclaughlin
Payne, Deskin,, Woods, Hale, Wood, Johnston, Smiti
of Gloucester, Guerrant, Wilkinson, Erskinc, Butts
Taylor of Halifax, Clarke, Vance, Odell, Thompson
$ Mullen, Lee, Nc Rae, Hamlet, Smith Of !. Of Wight
r Gregory, Stephenson of Jefferson, Worlhinglon, Don
/ nelly, Davis, Tayloc of King George, Dsbney, Taylo'
Of Lancaster and Richmond, Ballard, Ramey, Harrison
j, Marshall! off,, Booton, Caldwell, D'gres, Bryan, Goode
5 Boyd, Clayton, Tanzey, Chapman, Wade, Orrick, Har
rell, Brown, Taylor OF y. B, Langhorne, Etheridge
y Yerby, Smith of n, Fitzgerald, Mcconnell, Hidcn
NJ Pherson, Cheatham, Hiner, May, runs,all, Keen
!; Burner, Porter, Brown of Preston, Burke, Dcy, Heath
e Radcliffe, Elliott, STROLLER, Robertson, Snider, Dor
5 man, Leyburn, Smith orr, Shipman, Cowan, Bevins
e Conn, Williams, TAFT, Ridley, Crutchfeld, Fitzhugh
r Warren, Prince, Spots, Stephenson Of Tyler, Goodson
! Walker, Stephenson OF Wood, Fulton-l21.
.Noes--Mr. Habcrn-l.
Nh. BRowS Of Preston moved the following resolu
I ton:
SUtIt HOl bS stFNb ~ '''S
authorize the Directors and Company Of the Brandons
V Vile, kingwood and Evansville Turnpike, 10 transfer
h to the Board of Public Works their entire interest II
= said Turnpike, after the completion thereof, on certair
g conditions. Agreed TO.
Mr.. ToLER presented the petition Of citizens o
II Campbell residing in school district, designated as No
4, to erect an Academy therein, and tina, said Academ,
IS might be Incorporated, and for other purposes.
v Mr.. SMITH presented a petition Of Benz. Lockli
and others, asking 10 be relieved from payment Of
fine imposed By the Inspector Of flour in the town o
Winchester.
Mr.. LEE presented The petition Ito be referred to TIT
a Committee Of Courts Of Justice( of Mary Rush, pray
o ING to be divorced from her husband, Benjamin Rush
Mr.. BURwELI. presented a petition from Benjamin
d Taylor and others, creditors Of Thos. Whiting, a ire
d man of colour, asking for leave to sell property.
Mr.. RoBFRTsoS proposed, that this House vii
n proceed On to- morrow, by joint vote with the Senate
d 10 elect u Public Printer for the ensuing year. Agree
e to.
Mr.. STEPHENSON of Tyler, moved the adoption of tn
q following resolutions:
Resoired, That the Report of the First Auditor mad
IS at the preceding session Of the House of Delegates OF
is the subject of the Revenue Laws, be referred 10 tn
v Committee of Finance.
d Mr.. DoRMAs would propose that the usual numbc
r of copies of the two bills referred 10 the Committee o
n Fl nance be printed for the use of the House.
Mr.. STEPHENSON observed that there were severn
amendments which would doubtless be made by TIT
is Committee, and he thought it more advisable TO hay,
the bills printed after such amendments were made.
c Mr.. DoRMAS acquiesccd.
IS A petition from suudry citizens Of the county of Ty
y Ter was presented by MIR. STEVENSON, praying tina
d a law might be passed to take the sense Of said county
= for and against the removal of the seat of justice from
q Middlebourne courthouse to Sistersyillc. Mr.. S. ex
pressed himself opposed TO the removal.
n The following committee was appointed, on the adop
ton of Mr.. Blows Of Preston's resolution for bringing
in n bill on the turnpike business: Messrs. Brown o
Preston, Stephenson Of Tyler, Worthington, Payne
e Odell and Vance.
Mr.. ALIEN. RRowN presented n petition for changing
d the time of holding the quarterly courts of the count.
. Of Nelson.
d The House adjourned about half past one.
Friday, Dr. 4, 1910.
The STEAMER having called the House to order,
Mr.. May said that the Select ommitte 10 WHOM
was referred the subject Of the double returns from
y Fairfax and Frederick, have had the matter under con
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