The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-07-01
THE CONTESTED ELECTION.


The argument on the motioa of the COM
plainants to strike out certain parts of the
answer of the respondents in The contested
election case was concluded yesterday by
the able and ingenious speech of Judge
Ould in behalf Of the Republican candidates.
The learned counsel urged the view that
the provisions Of the general election law
did not require the Judge Of this court to
enter into the merits OF the whole election,
but only in so far as the subject matter Of
the complaint Is concerned. Ifthe election
is contested on the grounds OF the ineligi-
bility of candidate, the question Of iEeli-
gibility alone must be entered into, and
the case must be decided accordingly. The
ground Of the present complaint Is that the
commissioners have failed to do their
duty. Whatever frauds may have been
perpetratcd in the election, it was
not their duty TO take cognizance thereof.
Their plain duty was To give the certificates
III votes. The only response, therefore, adj
missibIc in this ease i denial Of the COM
plaini made hy the fifteen voters. Admit
ling everything lo be true alleged in the re-
sponsc, ii would not affect the right Of Cha.
hoon & Co. TO the certificates. in view of the
returns received by the commissioners.
The respondents say they are entitled to
| the offices; We say we are entitled 10 the
certificates. Both allegations may hc true.
and the question for this court to dccid" T..
-, - a,i 49,; ,ns,t, ~ ,ne a ttncalc-.
Give the cumplaiuunts I've certificates, nNd
'tr Respondents can tien conlcsi their own
lain To the Offices. The complaint of the
fifteen is in reality m application for man
}dnlus to make the commissioners perform
their duty.
Judge Uuld further insisted that dcci-
sion TO 20 into an inquiry into the qualifi-
cation Of over LOO voters would nccessa-
rilv be decision against the complainants,
as an investigation of that kind would pro-
badly consume the whole term Of office,
during which, of course. those holding the
certificates would exercise tic duties and
receive the emoluments of the office. 1t
would be palpable defeat of Justice. II
1,12l fraudulent votes were alleged, would
Il take one day less than ,12l days to settle
their right TO vote.
The Court During the registration /
disposed of about 800 similar cases i'll ten
days.
Judge Ould But under very different
circumstances, your Honor.
Resuming, the learned counsel said that
while this long and almost lnterminable
contest is going on, the rights OF the fifteen
complainants, and OF the candidates whom
they represent, are ebbing away. The new
officers are to take their seats on next Mon
dav. and before that time it should be de-
cided who are entitled to the certificates.
We claim the incumbency. Give us that,
and we challenge the other side to an in-
yestigation OF frauds. We don't want to
ston inquiry, but we do demand our rights
while it is in progress.
Judge Crump here Interrupted the cOun.
sci to ask whether he meant to express his
willingness to 60 into the inquiry rs to the
frauds perpetratcd in the election under
any circumstances.
Judge Uud: Yes, if you will give us the
certificates we will accept your challenge,
| and 90 into the fullest inquiry. That is the
best way to refute the statement that we
wish to smother fraud.
judge Crump: If my learned friend now
says we can go into this investigation rs tc
| fraudulent votes he has changed his posi-
argued to show the illegality of that very
| thing.
| Judge Ould reioined that he merely
| wished to say that under the same clrcum
stances-if the other candidates were givel
the incumbency-the would be as willing
| as the respondents now were thus to pro
| long the contest. Their term would expire
| before the contest would be ended.
| The speaker then elaborated the argu
| ment of his associates rs to the impolicy ant
illegality of instituting q scrutiny into thu
ballots cast, and urged the view that the
| acts of the Judges Of election i'll their judi
cal capacity could not be made IL subject O
review by this court.
In conclusion, he eloquently insisted thai
iustice should be fully done in this case a
whatever apparent risk.
| The Court announced that counsel would
be notified as to the time when the deci
sions upon the points argued would bt
| given.