Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1840-12-17

on the 29th Of April, 1910, by George I.vnn Ri
Sheriff Of the county of Frederick, and thar Ia,.
Gather Esq, has like certificate given to III, -
the same day by George X. Long Depntv g.,
III Oh said county, both OF which are in the lorr,
scribed by Law; that the deputy sheriff wa. ,he er
Ger who conducted the election at the Cour, H.
OF the county that the day when the poll boolo
we're to be examined It was we'll understood ii
tween the high sheriff and his deputy tba, 80
claimed the right to give the return and the co.,
ing vote If one TO be given and that thew III
voted differently in the election; that the hisb sh
i'll posted the Court House door the certisca,a
election, few minutes previously to the Denp,,s,
performing the act; ard that he gave the -.
tifcate TO Mr. Byrd few minutes before the o,b-
er was given to Mr.. Gather; both being engaged /,
the examination Of the polls, &c, at the same mo-
ment
"Your Committee are of opinion that the osEcs.
who conducted the election at the Court House. IA
who is directed by law to take oath especialyto
perform that duty Is the proper officer required h
law to conpare the different poll books, ascer,si
the result give the casting vote if The state Of III
polls justify it, and We the legal certificate OF elec
lion and that while the Deputy Sheriff (hsying
With the sanction OF his principal, conducted tbe
election) ia engaged in performing and coinpletiac
the business thus begun it is not in the power ~
the high sheriff. who had taken no such oath. 10 IL
terpose and prevent the deputy from the full and
complete performance Of the duty cast upon him bv
law, and undertaken with the sanction il not bv tb
direction Of his principal.
" Res0iged, therefore, That James Gather. E,o
has Obtained the legal return, or certificate of elec
ton, a member of this house from Frederick
county, and is, for the present. entitled to take his
seat.
After the repor; read, Mr.. May stated, that
in consequence Of iDdisposiiion, Mr.. Byrd was una
bic attend as he wished, during the discussion Of
the report, and his motion it laid on the Ia
ble
petition was presented by Mr. Worthiugton, Of
citizens of Jefferson, for the establishment Of De-
pc, the Baltimore and Ohio Railroad.
SATURDAY Dec. s.
A communication was received from the Senate,
that they had agreed to the Resolution for proceed.
ing Saturday the 18th, to the election Of Judge
of the Court of Appeals, to supply the vacancy
casioned by the death of the late Richard E. Par
ker.
On motion of Mr. Williams,
Resolced, That the Committee for Courts Of Jus.
tice be instructed inquire into the expedency of
requiring revision of the Laws of this Common
wealth.
Frederick Contested Election
On motion OF Mr.. Dorman, the report of the Com
miuee the COLLECTING returns from Frederick coun
ty published in the report Of fridays proceedngs)
was taken up.
Messrs. Byrd and Gather the claimants of seats
under the TWO returns, were admitted to seats with
in the Hall.
The question being upon The adoption Of the re-
port Mr. Byrd addressed the House for some time
in opposition to the conclusions of the Committee.
/ The question coming up the adoption Of the
report, Mr. Ridley moved to recommit it with in
structions to report the condition of the poll
| The motion TO recommit was negatived; and the
question recurring upon the adoption Of the report
it was decided in the affirmative, ayes &C, A.
| On MIR. Mays motion, the House resolved to
meet Monday at ~ o'clock.
On motion, the House adjourned.