The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-06-23
LOCAL MATTERS,
THE CONTESTED ELECTION.
DECESION OF JUDGE GUIGON AS
TO THE MODE OF PROCEDURE.

Yesterday morning Judge Guigon read
the following opinion in regard to the plan
of procedure i'll the contested election case
now pending in the Hastings Court: T..
In the matter of CO7nplaiH AGAINST e.
Tyson ct ais.
"The election law, section 60, provides
that the returns of election of the corporl-
ton officers of this city shall be subject to
| the inquiry, determination, and judgment,
of this court upon the complaint of fifteen
or more of the qualified voters, verified by
| the affidavit Of two Of them and requires
the court in judging of the election to pro-
ceed upon the merits thereof, and determine
finally concerning the same, according to
the Constitution and laws. The law con-
ferring this broad power upon the court is
| silent rs to the mode in which the question
| of law and fact are to be brought to the con-
sideration Of the court, except in prescrib-
ing that the testimony MAY be oral or in the
form of dcpositions.
&" 1t is matter of familiar practice, how.
ever, that whenever questions of law or
fact are to be decided, and no formality of
pleading or statement is directed, that the
| courts themselves prescribe the manner and
form III which such questions shall be pre-
scntcd for consideration, SO that parties and
court may be informed OF the true ques-
tions at issue, and the testimony and dis
cussion confined to them.
''It seems to me that the complaint of
citizens, which is made to initiate all such
proceedings. was required merely to pre-
vent frivolous and ycXatious contests, in
which candidates, for private ends, might
desire to enter into litigation, costly and
oppressive to their opponents, without
other sanction than their own will; that
this complaint is, therefore, merely pre-
| liminary, by means of which the real con-
testantS are to be brought before the court
to litigatc their rights.
81 shall therefore, until better advised,
require an answer or statement from each Of
those against whom the complaint is, setting
up his defence to the complaint either by
denial or by way Of confession and evidence,
| leaving to the real contestant III each case
| the privilege by replication or motion to
| bring up the real questions of legal contest
for determination ny the court, and when
the questions are thus settled, allowing to
each side reasonable period for the pre-
paration of testimony.
"In my view of this complaint, while
each case stands alone and is to be decided
upon its own merits, it is desirable for
brevity and convenience that when gene
raj defence is to be made, it be made in
single answer or statement in full, and re-
icrrcd to aLd adopted in the others, allow
! iiis. w S''Sil vi HSI-
ting up such special matter as he may have
to plead in addition to the general defence.
"Iu the case of Il general ticket, as Of
councilmen, those from each ward may an
swer jointly, and replication of their con-
tcstants may be made jointly"
After the above opinion was delivered,
Mr.. Page O.. R.), Of counsel for the contest
ants. inquired whether the counsel on the
other SHE proposed to make any answer,
and if so ut what time? He said he was not
disposed to Stickle for mere forms. lie
would waive all unnecessary form, desiring
to get at the substantial questions i'll the
| caSc.
After consultation with his associates,
Judge Crump stated, in reply to the remarks
of Mr.. Page, that the answer to the COM
plaint would be filed on Friday.
Mr.. Page We will agree upon the day
! fixed if the gentlemen on the other side will
favor us with copy of their answer before
it is filed.
Judge Crump: We will give you n copy
Just as soon as it is prepared-probably to-
morrow afternoon.
Mr.. Page: | understand that in accord
ance with the decision OF the court you Will
tile a general answer where possible.
Judge Crump: Certainly ; so far rs we
can. -Four or five Of the candidates may
agree upon a common answer.
The Court: Counsel will understand
| that my remarks on this point were suS-
gc>tion, and not imperative.
The case was then adjourned until Fri
day morning ut II o'clock.