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

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,racticel or attempted to be praetlced, ana
that the mistake which occurred IN canVassing
the vote of the 4th ward was an error OF al
I;tion merely. And as this error has been cor
reeted, the Court, if there were no other 90
;sct;on IN tho validity OF the election, might,
nj this point, announce its determination 10
conformity with the statement Just presented.
But it is claimed that in consequence OF GER
lain irregularities, which will be presently con
s3ered, the election held in this city on the
o6th of May should be declared Invalid. AT
that election the candidates tor both branches
OF the City Council, for magistrates and Tor
constables, were voted tor oy the voters OF enelr
respective wards. Among those whose electioh
* charged to be inval lid are the names of
Samuel Beach and Jonathan Ward, who by
The abstract of votes certified by the Com
missioners of election are stated to have been
sIeoted the former to tho office OF magistrate,
and the latter to that of constable tor the 80
ward :
Az there was no evidence Of irreguarlty IN
the election held in the Sd ward, and none OF
incorrectness in the return OF that election; ana
us the election for these offices could not nave
been Influenced by Irregularities IN eitner o,
the other wards there can be no question ou'
that the said Beach and Ward are entIt'ed 10
the certificates of election to the omces 10
which the ABSTRACT OF tHe Cou,nio'h".S w
clares them to have been elected. :.
II is unnecessary to repeat hero the testi'
monv adduced during the progress OIL this pro-
ceeding. regard it ss establishing the iol
iouino irrepularities: lst. The receiving OF
Tho votes cast in the 4th ward IN two ballot
boxes, I'd, the employing of clerk at that
ward in addition to the number provided tor
hv law. Sd, the recording of the names OF the
electors Of that ward 10 only one OF the poll
hooks. 4th the permitting this additional
clerk to record the names OF the electors 10 the
doll book, without having taken and subscrloeo
he oath required by law, and 9Th, the hand
ling of tho ballots in the lst and Attn wards oy
nersous other than the judges OF election.
Il was commended by the counsel Tor the re,
nondents that in this proceeding, the Court had
no authority to declare an election invalid, and
that ira mowers we're confined to deciding which
81 tho nersons voted for had received the h'gn
tst number of legal votes; and in awarding 70
,n,ch nersons the certificates OF elections 70
she of.;css for which they had been so chosen,
W,ie;nr the consideration of this position, De-
oonse unnecessary, in view OF the CONCLUSION &c
which have arrived, it remains to oe ca.
nuired whether the irregularities herein oeiofe
stated are sufficient to justify the court 10 oe
c]ariug this election Invalid. Ihe elec.iGu Was
held Under the provisions OF an act entitled al
set IN Dr0Vl0e lot b Rchetst eiSo.AoD, rf
ed Nav IL, 1870. The rules of construction
ure familiar, which require statutes to be ex
nounded according to the intent OF the Legsla
tnra and which gather that intent by com
narine different portions of the same law, ant
Of other laws applicable to the same subject
N the oct lust referred to it, is provided "tha
;udges of election shall have power to app,oln
100 clerks for each voting place, each OF whom
10 rennired to take and subscribe an oath De
fore acting as clerk; that the name OF the e!ee
tor shall be entered by the clerks of the cleo
t ~, IN tbe noII books, and correctly numbere
therein upon his vote being deposited 10 tn
ballot box that ballot box shall be proViaae
scr each pIace of voting; that the canvass s ID
commence by taking oct of the boz the s, oa' o.
unopened and that no persons other lna9 ~
Judges of election shall handle the ootots. !
ia pIain that these provisions of the law nav
been disreparded, and if their observance va ~
intended by the Legislature as essential 70 u u
VALIDITY of elections. that the election OF II
local ticket voted for in the 4th ward, and {
tho general ticket voted for in all of the ward
whether in this proceeding or upon qt