The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-07-13

W.UuS DC ceELlueu 10. III tilIS Cttst, ~ ia aA
The others, the matter Of who the majority
Of legal voters voted for could be gone into,
which is not 80 in Virginia, and the court
| could permit discrepancies in 1llinOs, which
could be rectifed. but wfichwould be fatal
| in Virginia, where it had been decided that
they cannot be rectified by investigation Of
| the vote.
Thirteenth Louisiana Reports, p. 1T,
was read to show the importance with
which the court regarded the requirement.
that the list Of the polls should be returned.
THE LIMITATIONS ON DIRECTORY LAWS.
Mr.. Crump read 14th English Common
| Law Reports, page 163, BarnWeI Us. Percl-
val, the case being where justices of the
peace having signed paper, but having
failed to affiX their seal it the act, was as, de-
clared void from the failure to seal. Why
might not that requirement have been
deemed directory rs much Us any other
law? Just for tho absence OF q simple
formality the courts OF England dcclalea
that the paper was not in accordance WIN
the act of Parliament and invalid. 1t ls
idle to say that the requirements OF III"
TAT this point the court took recess of
half an hour.] ,......
TOO LATE TO AMEND THE oLL-Bo0Ks-THE1R
| VALUE. .... 5t., :
| Mr.. Crump continued That he would
assert Us legal proposition, hnving passed
out of the hands Of the judges OF election,
the po1l-books are not susceptible OF amend
ment or explanation by the officers VINO
kept the polls. They are judges, and their
acts, recorded cotcmporaneously with their
performance, cannot be amended mere.
Second Starkie, page 571, was read to show
that poll-books themselves were evidence In
criminal prosecutions, and not the mere
| fleetinS memoranda our friends on the other
side would make them out; also, 2d
Starkie (page 202)sand I'd Strange (page
104S), for the same conclusion. These clta,
tlUns show that the poll-books have legal
title and legal consequence, and is q re-
cord by which may be proved any fact that
appears upon it, rs any other record may.
| Mr.. Ould: Not subject to any explains
| ton or inquiry from any quarter?
Mr.. Crump Not from any quarter. That
is what his Honor has prescribed for us.
| What sort of inquiry? ~
| Mr.. Ould Under the Goth section OF the
law you could inquire into any question of
| fraud that the judges have not met by their
official action. For instance, stufting
ballot-box, receiving names of voters not
on the registering lists, or taking ballots out
of the box. All these could be inquired
| into under the decision of this court.
Mr.. Crump: You did not say that before
you got this court to decide that no vote,
good or bad, could be inquired into after
the Judges had passed on it. This is a new
| light that has broken in on you since you
commenced arguing this question. uavn't
you already argued that the decision OF the
Judges of election is final on any vote that
| is deposited in that box?
| The Court | decided so.
| M, Voc vnnr Honor. D11t IL
was decided at their instance. The court
has decided that you cannot 60 behind the
decision of the judges Of election for any
purpose. 1t was all well enough before,
when the question Of fraud was argued,
but it is q different matter now that our
bull is goring your OK. We wish to show
that these poll-lists are something. They
can convict man and send him to the
penitentiary. They are not loose memo
randa.
| WHAT IS A POLL?
| There has been an idea on the other side
that the poll consists in the ballot-boX. Not
so. The 25th section Of the election law
declares that "polls" shall be opened.
mans yote-literally his head. The de-
posting of the ballot and recording of the
vote are simultaneous acts, and together
constitute the poll.
THE DUTIES OF THE JUDGES. (
| Mr.. Crrlmp went on to show the particu-
larity with which the law prescribed the
duties of the judges should he performed
in accordance with the act, and in no other
way. That was the chart of their powers,
and he dcted the opposition to find the
same language in any act Of legislation in
any other State. 1t was peculiar to our
State. 1t was no general charter, but n
particular description of duties to be per-
formed in strict accordance with tho act
not meaning that the judges should say that
such and such thing is done in California
or oregon, but saying to them, " Here yoot,'
duties are laid down in our statute. Follow
them"
THE DUPLICATE BooKs-wHAT THE LEGIsLA-
TURE MEANT.
With reference to duplicate poll-bookS
there could be no mistake by any one here.
| II was too plainly stated in the law that dr-
plicates should be used, and instructions
arc minutcly given how they should be used.
1t is the formal duty Of the Judges to sec
that all th:j is done.
After the election is over how is the re-
suit to be ascertaned? First, the count.
Mark YOU, the other side contend that the
poll is nothing, and the ballot all. Well,
here is Il count which dwartS the ballot to
nothing by the side of the poll, and when
the contest comes between the ballot and
the DOLL the former is made to give away.
If the number of ballots exceed the
names on the poll, then the ballot goes
down before the poll. 1t is the duty of the
Judges to see that is done. Now, in this
election how could this be done? There
should be dual books, and these ballots
should correspond with the numbers on
both books. The number on one of these
| &1>a M,
with which of these books does the 1,044
ballots corresponds 1t is pure legislation
for your Honor to say that the Legislature
never intended that there should be two
dual poll-books, and that two poll-books
could be made one. Where the ballots
overrun the poll-books the most minute
provision has been made by the Legislature
to compel correspondence between the
poll-books and ballots-onc judge is to be
blindfolded and to take out ballots enough
to produce the desired correspondence.
And yet your Honor Is asked to say that
the Legislature, after all this careful provi-
sion, only meant its law to be directory.
To determine that the polls had not been
properly kept is to determine that there
| has been no election and no poll, and 80
the Legislature contemplated.
THE RETURNS NOT SEPARATE FROM THE
| POLL-LIST-THE SEALS.
| 1t has been contended that the return
may be independent of and separate from
the poll-list. We shall show that they are
indissolubly connected. 1t is required in
terms that the certificate must be written
in the poll-book and at the foot of the poll
| list, and that certificate at that place, under
that poll, is the return of the election.
| Mr. Maury: We contend that Is only
directory, and that the return speaks for
ITSELF