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

1t was shown that in O case where tho law
required three magistrates to act ut an cleo
ton. and whore one acted who was not /,
magistrate. tho election was annulled. In
another case (that of Easton), where the
election was required to be held by three
Judges and one OF them was not sworn, the
election was declared null. The report
saving that the right Of suffrage, inestima-
Bile as it WAS, could only he exercised ac-
cording to law.
The Court: Perhaps it would be well to
know what were the politics OF the contest
and what were the politics of Congress,
Mr. Crump: That was in the better days
of the Republic.
Mr.. Nceson / am not in the habit Of
attrlbutlnS corruption to tribunals In decl-
sions under their. Jurisdiction. That body
certainly had rs full control over that sub
ject as this court can have over this one.
These decisions 90 as far back rs the Second
Congress, and if there wercs not pure men
| in Congress then, why, we will never have
any. The Legislature in the matter of the
commissioners had allowed quorum, but
in judges there was no quorum allowed.
All three Of them must he present.
What does contested election mean !?
We know now it does not mean scrutiny
of the polls We know now it does not mean
the discovery Of the popular will! We
know, then, that this supposed sanctity and
secresy of the ballot is to be revealed in .
mode prescribed by law. Then we insist
that the law be complied with. We insist
that when three judges are directed to be
present, then they must be present that
where duplicate books are directed, then
duplicate books must be kept.
II we had been allowed to 60 into tho
question of fraud, disclosures would have
been made that would have accounted for
this vote. Your Honor decided that the
Judges had overlooked the elections, and
faithfully done their duty, andno we learn
that these judges wcro not Judges
at all, one being absent, another at one
window, and another at another window :;
and then at night one of them comes up
| and gives q certificate for all the rest. Your
| Honor has sentenced to the penltentiary
men who voted illegally, though the judges,
| behind whom the court cannot go, oycr-
| looked their voting.
We stand here, claiming that tho COM
missioncrs awarded us the certificates ac-
cording to law, and these certificates cannot
be annulled without legal evidence that
they should be given. The evidence (and
this is a question of evidcnce) they bring
| here is no evidence ut all, and we ask that
the complaint be dismissed.
THE CASES OF THE WARD oFFICERs-THE
| JUDGE ON THE QUESTION OF NEW ELECTIONS
| We claim that in contcsting the seat ofa
councilman the contest can only be carried
on by fifteen of the constituents Of the par
ties to the contest, and that the constituents
in Clay Ward hayn't right to raise con.
test about councilmen in Jefferson Ward.
The Court Suppose. l should consider
that there had been no election in the thirC
precinct of Jefferson Ward. What effcc
would it have on the whole city election !?
Mr.. Nccson Well, it seems to Inc tina
the law implies that the court is to decid
between two contestants.
The Court Yes; but suppose decid
that neither party IS elected?
! Mr.. Neeson: Well, have examined int
, that matter, and am not prepared to ex
press definite opinion on that subject.
, Mr.. Ould There is distinct provision
| in the city charter for the City Council or
dering new election. City charter, sec
ton 6, provides that if by election return
it appear that any officer has not bee
; elected, or any officer shall decline to serve
then the City Council shall issue their wal
rant for q general election.
The Court Doesn't that contemplate q
absolute failure to make any election
all?
Mr.. Ould: Tt provides that If your llono
is satisfied that any city officer is not elect
ed, then the Council shall order an clcctlo
to ill the vacancy. But if the general elet
: ton fail, then it falls under the provision
the State law, and the ordering an clectlo
: is in the hands OF the Governor, who ca
; order another election to elect those of tn
, city officers who are also State officers.
Iir. Nccson said he would look into tn
, question, and if he came to M opinion h
: would he happy to express it to the Col!r
Mr.. Necson having concluded, the Jude
adjourned the court till 10 o'clock th
morning.
| POLICE COURT.-Polce Justice Whii