The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-07-12

IDENTIFY meant by this that a quorum
of the commissioners "a majority was
competent to decide on all questions
coming before them. Such, however, Is
not the law, nor thcreason applicable to tho
Judges. OF these the law prescribed that
three must be present, and had made every
facility for so filing vacancies that no one of
these judges should be absent. The pre-
seuce and concurrence Of all three judges
were essential to the validity OF the cleo
ton. They were to be treated rs three ar
bitrators or three agents, all Of whom must
concur in the act, and not a majority. In
constituting arbitrators or agents we may
by contract agree that majority must de-
eide, but in the absence of such contract the
whole three must agree. | do not mean to
say that on account Of some imperfcctlon IN
one OF the judges the election should be
set aside. For instance, if one of the judges
had not been twCnty-one years OF age, ana
vet had been appointed and had duly per-
formedthe duties of tho Office. 1t Is not to
these non-esscntials, but to the essentials
we propose to address oursclves-esScntllls
prescribed and ordered by law, without the
fulillmcnt Of which the election Is Invalid.
TIE MANNER OF CONDUCTING TIE ELECTION
AT THE THIRD PRECINCT-CoURTS AND
LEGISLATURES.
The duties of the judges of election were
then described, showing the great particu-
larity and 1ninltcncss with which the elcc-
ton law had surrounded the conducting of
an election with safeguards against error
or fraud. 1t was prescribed that proclama-
ton should he made of each ballot as taken,
and not of two ballots at IL time, rs they
had been received in this case for such
mode of receiving ballots was not provided
for in the law at all. The law prescribed
three Judges to be present instead Of one
two clerks instead of one. What is this
duplication for save for the prevention of
fraud2 Are these safeguards against COL
lrlsion and fraud to be set aside at pleasure,
though the law prescribcs in terms that
they shall exist? If this is the mode pre-
scribed by the law, how can it be dispensed
with-how can it be disrcgtrded? Look
ut tho precinct i'll Jefferson Ward. 1t
wasn't carelesSucsS or ignorance, but
wilul disregard of the election law
from the beginning to the end. In the first
place, they had taro separate polls opened at
two separate windows, and either OF which
might lust rs legally have been transferred
across the street. Does the opposition main
tain that the judges of election could re-
move the place Of polling, or do they say
that it isn't an essential matter whether the
Judges removed it or not? Might not the
| day of the week bc changed as well on the
same ground? They hold on the other side
that some portions of the law were manda-
| torv and some directory, but they fail to
draw the line where one ends and the other
| commences, except Il faint line drawn by
one of the counsel, who admitted that q
law might be considered mandatory where
| its violation had dono somc wrong to some
body's rights.
Mr.. Maury said he he'd contended
that it would be absurd to set aside an
election on account of even stlbstantlal
omission where the result was not affected
For instance, where man had received
thousand majority, and one OF the VolG1
was illegally admitted, the election would
hardly be set aside on that account.
| Mr. NecsOn said that where legislation
was o safeguard against fralid, or oppreS'
sion. or abuse, it could not be regarded as
| directory. 1t would he subvcrting the very
| intention Of the law. Where would We
have any power to control the officers OF
| election ut al il not by these very provisions
or law? Cooley OF Elections, pages ~ ano
II, WAS rcad to show that III irrc%Illarify
causing unsatisfactory evidence OF INC
public will render an election Vold
and on page Is, where 1t Is dccldcC
that laws merely for the information anC
guidance of the officers conducting tllC
election may he regarded rs directory, pro
yided their disregard does not render doubt
full for whom the ballots were cast. Same
| work, DID. n to IS, was rcad TO show the
election law should be strictly carried out
the last sentence Of the quotation saying
that it was not to be denied that the courts
| in their anxiety to uphold or Yindicate pub
| lie officers or for public ends, had in IL mca
sure substituted the Judicial opinion fol
legislation on the subject of mandatory law
deciding much to the directory that the
legislative intent meant shonld be directory
WHAT TIE LEGISLATURE MEANT-sTnINGINC
TIE BALLOTS IN TIE ELECTION LAW.
1t is clear that the Legislature meant
that there should be three judges present,
and no less, and that they should act to-
gcthcr; that duplicate poll-books should be
Kept, and that the ballots should be strung
| This stringing was necessary cheek.
| There were three piles of tickets-one for
| Chahoon, one for Elyson, and one for
scratched tickets. 1t was clear that these
might be mixed with fraudulent purpose.
! The stringing was not mere form. The
Judges were to make out certificates, and
this was to be done ut once. The judges
were not TO go away to dinner first, anu
leave the ballots so that they could be tam
pered with. After the first certificate the
| ballots were strung, and then another GER
titcatc giving the divided numbers OIL
| the three piles must be given. Isn't II
clear that this labor could not have been
performed by three judges when only TWO
were present. Are all these proceedings
mere form? Did not law intend them to
act as checks, and to be witnessed by all
three of the judges? They were solemn acts,
| intended to guard the purity of the election. ;
and now, if we are not permitted to scruti-
niZe the polls, what safety have we but in
demanding that these safeguards thrown
around the election by the law shall be re-
garded as imperative? We contend that all
these mandates of the law were so persist
emily violated during the day that not one
of the safeguards prescribed did apply OF
could apply to protect us. None OF these
provisions of the law which direct the over
sight of the Judges can be regarded as
merely directory.
WHAT WAS DONE AFTER THE ELECTIoN-THE
"POLL-BoOKS."
! What did these judges do. after the cleo
ton? The law requires that ono of the books
shall be sealed and sent to the clerk of the
Board Of Commissioners, and the other sent
to the Office of the Mayor of the city. This
last book was the one used for reference by
| the public, and to withhold it from the pub
lie for its use is fraud upon it. But these
gentlemen at the third precinct did not keeI
duplicate books, and now present these two
books, with parole evidence to show thai
YOU must weld these two books together to
make poll-book. They were not poll
books at all in any sense of the word or the
eyes of the law.
The Court: Suppose the poll-booll had
not been large enough to contain the names,
would another book used have been lega
one?
Mr.. Necson: Certainly it would if du'