The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-11-23
LOCAL MATTERS.

/ AhOTHEH .CIVY CONTESTED ELECTION.--it
seems that the Radicals are not satisfied
with prosecuting Mr.. Hagan on the most
IunWarrantable and frivolous pretexts, but
that they mean to appeal to Judge Bond to
turn out the city Conservative office.holders
recently elected, and put in the defeated
Radical candidates.
a petition, signed by Jno. W. Batterman,
+. j. Arnold, B. Cunningham, VIM. FIegen-
he1mer, Joseph Cox, Jacob Cohn, William
I. Bailey, VIM. Mott, W. n. Read, and a
dozen others, has been filed In the United
States Circuit Court, reciting that Israel
Bee, Ed. Waller, and 321 others, all citizens
OF the United States, and residing in the
boundaries of the third precinct Of Jeffer-
son ward, were In attendance at the polls
and desired to vote for George W. Smith
and others [the Radical candidates., and
were h1ndered and delayed on account
of their race and color and previous condi-
tion Of seryitude. That at the second pre-
cinct OF Jefferson ward j. D. Peters, Dan'l
Robinson, and 149 others were also pre-
vented from voting for the same cause.
That by reason of said hindrance and refusal
certain men [the candidates on the Radical
ticket were not elected, and certain others
1.-THE Conservative candidates. illegally re-
ceived the certificates of election and that
the refusal to allow them to vote was in
manifest violation and disregard of the
rights Of the petitioners. They further al
lege that they offered and desired to vote at
said election for said George W. Smith and
others.
They further charge that A. Nj. Kelley
and others acqulesced. in and availed them
selves Of the wrongs and injuries herein
before complained of, and have accepted
the offices, and are now attempting to dis
charge the duties thereof, and are appro-
prlating to their own use the fees and
emoluments Of them. These petitioners
therefore ask the court to declare the afore-
said certificates Of election null and void,
and adjudge and determine what persons
are entitled to the various offices aforesaid,
and to grant such other and further relief
as the case may require.
This proceeding is Instituted under the
23d section Of a law of Congress called
'The Enforcement Act" passed in May
last, as follows:
60 Sec. %. And be it further enacted,
That whenever any person shall be defeat
ed or deprived Of his election to any office,
except elector of President or Vice-Presi-
dent, representative or delegate in Con-
gress, Or member of State Legislature, by
reason of the denial to any citizen or citf-
zens who shall offer to vote, Of the right to
vote, on account of race, color, or previous
condition OF servitude, his right to hold and
enjoy such office and the emoluments there
of, shall not be impaired by such denial !;
and such person may bring any appropri-
ate suit or proceeding to recover possession
Of such office, and in cases where it shall ap-
pear that the sole question touching the title
to such office arises out of the denial of the
rlght to vote to citizens who so offered to
vote, on account of race, color, or previous
condition of servitude, such suit or proceed
ing may be instituted in the Circuit or Dis
trict Court Of the United States of the cir
cult or district in which such person re-
sides. And said circuit or district court
shall have, concurrently with the State
courts, jurisdiction thereof so far as to de-
termine the rights of the parties to such
office by reason of the denial of the right
guaranteed by the fifteenth article of amend
ment to the Constitution of the United
States, and secured by this act"
| OF course no one believes there is the least
ground for the allegations OF this petition
or that the contest will result in anything
short Of as thorough defeat of the Radicals
In the courts as they met with at the polls