The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-06-13

LJCAA M n L ElGOs
The CONTESTED MUNICIPAL ELECTION
REMARKS ON THE MOTION TO SET DAY
FOR THE HEARING.-Messrs. Robert Ould,
L. Il. Page, and Maury, and Judge Alfred
Morton, appeared before Judge Guigon, of
the Hastings Court, on Saturday as coun-
sci for Il. ID. Mitchell and others, who on
the 4th instant filed with the court petit
ton that the certificates of the commission
ers of the late municipal election be set
aside, and that the Radical candidates be
declared elected. Messrs. James Nceson
and w. W. Crump appeared in behalf of
the Conservative candidates.
MIR. Page asked the court to- fix day for
the hearing of the matters set forth in the
petition, and urged the importance of having
the question raised decided as soon as pos
sible, us the officers elect take their seats on
the 1st of July.
Judge Crump said the parties whom he
represented were also anxious to have the
question speedily settled. The delay thus
far could not be laid to their account. 1t
must be remembered that the petition was
not filed until the last day on which it could
be filed, under the statute. He called atten-
ton, too, to the fact that the complaint was
vague, indicating nothing definite as to the
grounds of the motion. He suggested Mon
utN NGCh lOl Iuc llGdC1Ur.
Mr.. Page said this was perfectly agreeable
to the complanants if the counsel would
certainly be ready on the day named. AS
to the complaint he had only to say that it
was based Oh the ground that the certifi-
Gates of the commissioners, being in viola
ton of the judges returns, are null, and
should be set aside. This was the question
and the only question which they proposed
to argue. He was willing that Monday
should be fixed for the trial.
The Court: That would allow ten days
for the hearing.
Judge Crulnp here again spoke of the de-
lay thus far having been caused by the fail
llre Of the colnplainants to file their petit
ton until the last day. He repeated also
that it was vague, and gave no intimation
whether the seats Of the Conservatives were
to be contested jointly or separately. lie
would like to know the intention of the OPP
posing counsel in this regard.
Judge Ould replied that this was not q
case of contested election at all. One set of
candidates do not contest the seats Of an
other set. 1t is statutory proceeding
| under the Goth section of the General Elec-
| ton Law on the complaint of fifteen or more
citizens alleging irreSularity in the election.
| The irregularity is clearly set forth on the
| face Of the complaint. 1t consists of one
| in pursuance Of their sworn duty, certify
| according to the returns in their possession.
| The Court is therefore asked to set aside
| their certificate and do the very thing that
| the commissioners ought to have done.
This much in reply to tile question of Judge
| Crump as to the nature OF the proceeding.
| AS to the time, he was only anxious to have
the matter entirely settled before the time
fixed for seating these officers.
Judge Crump repeated his avoWal of un-
willingness that there should be unncces-
sary delay, but said there were certain mat
tcrS Of form which it is desirable should be
settled. Time may be required to take de-
positions. The opposing counsel were
utterly mistaken in supposing that the
question was to be decided only OH the
points made in the complaint. This court
Sits to supervise the whole election, and
will decide the question OH its merits. This
was evidently the idea of those who drew
up the complaint. He then quoted the elec-
tion law to show that this was the correct
view, and that the Judge was to determine
| it finally.
Judge Ould said that under the terms OF
| the law of course anything affecting the
points at issue in the complaint could be
| heard. ...
Mr.. Page If we are to be met with OBJ.
jcctions and difficulties of this sort, it is
another reason for having IN early hearing.
| The Court suggested Tuesday the 21st,
with the consent Of counsel. The day de-
!signatcd by Judge Crump (Monday) had
been fixed for the trial of GerhiSer for
felony. This would give ten days for the
contest, and the Court could not see why it
should he longer protracted. He had eX-
pected that the matter would have been
brought to his attention earlier.
| Judge Guild said that courtesy required
that the other side should he given reason
able time to file their answer. A week had
accordingly been allowed.
The Court: Another reason for fixing
one day week after next is that we will
probably be occupied all next week with
felony cases. / don't know that this case
has any precedence. 80
Mr.. Page: There is the general provision
that it shall be tried at the next term Of the
court after the election. 1t should be re.
membcred, in justification Of the delay, that
for several days it was generally believed
that the Republican ticket was elected, and
the certificate Of the commissioners SUI:
prised everybody.
Judge Crump: We understand, then,
that the complaint is founded solely Oh the
Illegal certificate in view of the return.
Mr.. Page: Yes.
The Court Let al order be entered fix
ing Tuesday the 21st instant for the hearing
Of the cause.