Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-06-22

'rba evidence established that no fraud was
uracticed or attempted to be practlceo' anu
thet the mistake which occurred in canVasslDg
the vote of the 4th ward was an error OF az
dition merely. And as this error has oeen cor
rected the Court, if there were no other 90
;sction to the validity OF the election, might,
ot this noint. announce its determination 10
conformity with the statement Just presented.
Rut it is claimed that in consequence OF GER
;oin IRREGULARITIES, which will be presently con
si3ered the election held 10 this city on the
o6th of Nav should be declared Invalid At
that election the candidates for both branches
Of the City Council, for magistrates and tor
constables. were voted for by the voters OF their
resnectiye wards. Among those whose electloh
* CHARGED to be invalid are the names OF
Samuel Beach and Jonathan Ward, who BY
,hc abstract of votes certified BY the Com
n,;ssontrs of election are stated to have been
cheated. the former to the office OF magistrate
and the latter to that of constable tor the 50
ward :.
AS there was no evidence Of lrregIularlty IN
the election held in the Sd ward, and none OF
incorrectpess in the return OF that election; ana
"a the election for these Offices could not have
heen Influenced by irregularities In either OF
the other wards there can be no question ou'
that the said Beach and Ward are entitled 10
the certificates of election to the othces 10
wb;ch the abstract of the Commissioners de-
olares them to have been elected. :.
II is unnecessary to repeat hero the testl'
mouy adduced during the progress o. TINS pro-
ceeding. regard it as establishing tne lol
lowing Irregularities: lst. The receiving OF
the votes cast in the 4th ward IN two DaIiot
boxes. I'd, the employing OF a CLERK at tn nav
bv law. Cd, the recording of the names OF the
sIeotors Of that ward in only one OF the poll
hooks. 4th the permitting this additional
clark m record the names OF the electors 10 the
mil hook, without having taken and subscribed
he oath required by law, and 9Th, the hand
i;no of tho ballots in the lst and 4th wards by
nersons other than the judges of election.
Il was commended by the counsel for the re,
popdents that in this proceeding, the Court had
no authority to declare an election Invalid, ana
that its powers were confined to deciding Wnleh
Of the persons voted for had received the hlgn J.
,st number of legal votes; and IN awatolns ~ ~
s sho oecns for which they had been so chosen
W,;n;nn the consideration of this position, be-
aou.o Unnecessary, in view OF the conclusion te
I-b;ob have arrived, it remains to be en-
',n;rad whether the irregularities herein before
etotod are sufficient to justify the court 10 de-
oIar;no his election invalid. The election wal
held Under the provisions Of an act entitled al
sot n nIouide for general election, APPROX
cd Nav II, 1870 The rules OF constructor
are familiar, which require statutes to De OK
nounded according to the intent OF the ;Leglsia
ure and which gather Il that At. intent tent by
paring different portions OF the same 'aW' an'
ppfother laws applicable to the same subject
IN the act Just referred to it, is provided "tha
;udoes Of election shall have power to appoln
two clerks for each voting place, each OF wh9 or
ia reouired to take and subscribe an oath oe
fore acting as clerk; that the name Of the eet
tor shall be entered by the clerks OF the elet
ton in the poll books, and correctly numoeI re
th vu Il, upon his vote being Deposited IN tn
ballot box, that ballot box shall DC proV 10
sor each place of voting; that the canvass s -
commence by taking out of the boz the D., oa'I ~
nnopened and that no persons other ,nsn I.
indges of election shall handle the oottots. :.
ia pIain that these provisions of the law na,
been disreearded, and if their observance '" u
intended by the Legislature as essential 70 II |.
validity of elections, that the election OF u
local ticket voted for in the 4th ward, and
the general ticket voted for in all OF the WARD
whether in this proceeding or upon q