The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-07-06
Judge Guigon's Opinion IN the oo'
tested Election Case.

tested Election case.
,,,,u cr-,oo.'s opinion in the contested
o,not;nn case appears in another column
- ;s IN sect that NJ has no jurisdiction IN
oasoo of contested elections, for IL he has
M ri~ht to Investigate tho qualifications %
voters. or rather Of persons claiming I" ne
sore there can never be contested ctcc-
t;,, csse in his court. The party "n'rh
90, stpff the most fraudulent ballots ihl'
the boxes is safe. No one can tahe .'eh
Fraudulent ballots out. And u ten Ino'i-
sand nersons vote who arc not voters uhdef
the Constitution, their votes are as eoou -
Judge GUreoS's or ours. surely this c.ii'
not he a proper decision. we give Judge
Gr1coS credit for perfect fairness and for q
sincere desire to perform his duty without
fear. favor, or affection, yet we must DC eA'
cused for saving that in his determination
not TO he unjust to his political opponents
he has mistaken the law OF the case.
It is totally Improbable to argue case
after it has been decided, yet we shall say
cnourh to let the reader see how his Honor
has misunderstood the law. First, then,
the seth section Of the neac election lao As
copied from the Code Of Virginia. 1t was
under this section that this contest was
commenced. This section is identically the
same, therefore, as it has been for nearly
twenty years. Under this section 1t mas
been the custom in Virginia all this time 70
have reg,,larly-contested elections. in when
the parties were allowed to prove fraud ut
the polls. In view Of this fact, how ab-
surd seems the idea that the Legislature
in striking out the provision for numbering
tho ballots indicated its intention that the
courts should not 60 behind the baiiol.
land for the life of us We can't see why Tue
,Iudce should go behind the actioh ol 'he
fire central commissioners and refuse 10 20
hob;,d the action of the three local ones.)
,rh. inference is directly to the contrary.
II il an unavoidable inference that Inc Le-
o;s,oture meant the law to be understood
I'd administered as it had been pre-
viously understood and administered.
The requirement that the court snail
uproceed upon the merits OF the cisc
is a declaration of the law-makinG power
that neither the illegal acts OF COMMISSION
ers nor the illegal votes of other men shaii
,,e allowed to defraud the lawful voters ana
the lawfully chosen officers OUT OF tlleir
rights. 1t is plain declaration that all
cobweb technicalities shall DC brushe"
aside. and the case decided accordlhg
to tho number of legal votes received
by the candidates. This Is the uu'S-
the one duty-of the Court under the
law We saw this without reference 10
the eject of the decision IN TINS case.
But when the Court says that fraud shaii
never be uncovered in this city, but needs
oplv to hide behind ballot-boX To secure
immunity, we beg leave most respectfully
TO protest in the name OF law and ORDER.
As to the secreSy of the ballot We were
amongst those who called most loudly upon
the legislature to make the ballot secret.
Rut we intended to protect only the legal
voters. TO protect them, illegal ones must
be eyposed. There are in existence lists OF
NIL the voters taken as they deposited Their
ballots. If there are any fraudulent voters
,,,oncst these they can be made to disclose
how they voted. TO compel them to ito so
would be to protect the lawful voters. IN
no other way can they be protected. The
:2d section was struck ont because It's effect |
was to expose the ballot Of the lawful voter.
,rh, G0lh section was retained that under
II might be exposed the ballot of the un
lawful voter.
There is no appeal in such eases as the
one we are considering. We make these
comments not in the interest of any party
or individual. but of the general pubiic-l
We think there is not 4 shadow OF doubi
that Judge GuIGoN has rendered wrong
opinion on this point.
II is apparent from perllsal of Judge |
GrlGoS's opinion that he has discarded the
1naiu argument OF the counsel OF tine COLI
Overwhelmingly, that lnscrutapie secresA
Of the ballot is constitutional quality oi
the ballot system. He expressly declares
that the scrutiny into the qualification OF
voters and the choice of the voter-cer-
tainly the illegal voter-is within Legislative
regulation and investigation. Hence the
Judge says he seeks for the intent OF the
Legislature ON the subject. This intent, as
we have already intimated, he has falled
rightly to discern, according to our under
standing.
The result of the Judges opinion is that
in the pending case he cannot permit al
investigation of the enormous frauds prac-
ticed In behalf of the Radical candidates III
the 100 illegal votes cast for their ticket.
and which the Conservatives proposed te
nroye. This is the whole extent OF his
oniniop. 1t therefore leaves open all the
other questions raised for trial and dccl-
sion.
Since, therefore, the illegal and fraudu-
lentyotes cannot be exposed and rejected
and to that extent the Constitution is multi
hed-it remains to be seen whether the pre-
scriptions of the election law also may
be disregardcd and virtually nullifed.
If they may, then we have neither
Constitution nor law to regulate cleo
tons in Virginia. But this result is not
to be anticipated. 1t would be in effect to
proclaim disorder and anarchy. On the
contrary, the Judge will probably feel con-
strained to require q faithful compliance
with the election law and to decree invalid
and null such gross departures from the re-
ouirements of the law as are manitestly de-
signed to regulate and control the action Of
those who are entrusted with its execution.
There must be q law governing elections
which the court will enforce. AS there can
be but one law-unless the Judge is permit
ted to introduce another--wc may expect