The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-11-24
THE AMENDED RETURNS REJECTED
FIRST RETURNS FROM PRINCE
GEORGE FOUND FATALLY
DEFEGT1vE. IS
THEY ARE THROWN OUT BY THE
-a~ BOARD.
CERTIFICATE AWARDED TO MIR
-. GOODE. s,f e
His Majority, 13l.

In accordance with law the Board of Can
rassers met at 10 O'Clock yesterday morning
ia the Office Of the Governor, capitol building
An the members were preseutlaviz; Governor
j. L. Kemper, Attorney. General Raleigh T
Daniel, Secretary Of the Commonwealt b
James Mcdonald, Auditor William F. Tay.
lor, and Treasurer f. NJ. T. Hunter. The
great interest felt in the contest between
Hon. John Goode, Jr., and Hon. james Ell.
PIatt, who W ere candidates for Congress be.
fsre the people in the Second district, assem-.
bled q considerable number of gentlemen,
including many members Of the bar, all OF
whom eyinced great desire to hear the argu-
ment and ascertain to whom the Board
would award the certificate of election.
Governor Kemper took the chair as presi.
dent Of the Board, by virtue of his office.
On bis right sat Mr.. Mcdonald: on his left
Messrs. Daniel, Hunter, and Taylor. Mr..
Goode was present, accompanied by Mr..
James Neeson and Colonel W. w. Gordon
as legal advisers. Mr.. Plat had with him
Mr.. John Lyon and Edgar Allan, Esq. as
counsel.
Governor Kemper initiated proceedings
by saying that the Board had canvassed the
returns from the Second district. From
some of the counties there were two sets Of
returns. In relation to these he was now
ready TO hear from the gentlemen interested.
ARGUMENT OF Mr.. GooDE.
Mr.. Goode said he thought no apology ne.
| cessary for his appearance before the Board,
as he did not come to urge his individual
pretensions to seat in Congress. 1t was
| not his cause for which he came TO address
the Board; it was the cause of the people of
the Second congressional district, and not
only of that district, but Of the entire State.
He very ably stated bis views of the powers
of the Board of Canvassers and County and
City Commissioners. The powers of this
| Board are merely ministerial. Said he: "Ac-
| cording to my Interpretation, you have no.
| thing to do but to examine the certified ab-
stracts, make statement Of the whole num-
Der of votes, certify that statement to be cor
rect. and thereupon determine who has been
duly elected as representative from The
| Second district"
A large number Of celebrated authorities
| were cited to sustain him in this position.
"And here" Mr.. Goode said, "the question
arises, What abstracts are TO be examined: !:
1t appears that there are two sets Of abb
stracts from five of the counties in the dis
trict. There are original and amended ab-
stracts from James City, York, Southamp.
ton, Sussex, and Prince George. Will you
make up your statement from the former or
the latter? This involves necessarily the
| decision of the question whether or not an
amended abstract can be received and eNanl-
ined by this Board. We hold the aftirma-
| tive of that proposition, aud believe that we
arc prepared to maintin it both upon prin-
ciple and authority.
! "Is there any statute law or any princl-
pie of common law which will for a moment
| tolerate the absurdity that the certificate of
the Board of County Commissioners is bind
ing upon a Board of State Canvassers, not
| withstanding the county board came for
| ward and declared to the State board that
their own certificate is untrue! Ii there IS,
| call upon my competitor and his counsel
to produce it. l deny that the Board OF
| County Commissioners is JuncMs ot1clo
merely because it has entered upon the dis
charge Of it's duties and undertaken to make
a return. 1t is not functus o6icio until the
trust confded to it has been lully and COM
| pletely discharged"
"They are, to all intents and purposes,
continuing board until the day arrives for
the meeting of the State Board OF Can
yassers."
alt is weI.settled principle that where
Justice requires it the courts Will allow
amendments at any time while the suit IS
pendipg, Notwithstanding tbe record be
made up and the term be last. for they con-
slider the proceeding rs an Jler' Till luus-
ment is giyen."
The speaker read from the case of Goggin
rs. Gilmer, Brockenbrough Us. Cabell, Arch
er Us. Allen, People, vs. ALLEN, Common
Emonweatb Us. Mayor and Aldermen OF Bos-
ton. to uphold this theory.
Continuing his argument, Mr.. Goode
said: 81 maintain that it is the right ana
the duty of the commissioners, as sworn
officers of the election, to correct any mis-
take or irregularity which is made apparent
to them before the fourth Monday 10
November, the day appointed oy law
for the assembling of this Board OF
State Canyassers. 1t seems to me this
must be so, independently OF any
statutory regulation, but there can be no
doubt when we come TO examine tne "dct
of Assembly," approved April 30, 1914, ses'
sion acts of 1874, page 4ol. Ihat acG pro,
yides "that if it shall appear to any boaro
| Of Election Commissioners, IN determinlDg;
the persons who have received the greatest
nT,roher of yotes for.the several offices voted
for in such election, that irregularities or
] informalities occur in the returns of the
iudges or clerks of election, which can
he cured by amending or correcting the
same. it shall be the duty OF said Board OF
| commissioners Immediately to summon the
said Judges and clerks, or such OF them as
may be requisite, to appear before sald boara,
on some day not exceeding nVe Gays Hopni i
the date of the summons, for the pufposea1
| amending such returns, so that the same
I'I NAV conform to law" Here is authority dl'
rectly given to the Board Of Election Com
missioners to correct Irregularities and make
amended returns. It is not an amendment
of the general election law as found 10 the,
| Code. but cumulative legislation. BY Virtue
of that authority the commissioners have
acted in James City, York, southampton,
Sussex, and Prince George. 1t is not for
| this Board to inquire into those Irregular
ties. or to determine whether or not they ID
fact existed. Under the law the members
| Of The County Board are made the sole ana
| exclusive Judges upon that question. 1t has
| already been shown that the members OF the
STATE Board are merely ministerial ofncers,
| and that they can exercise no judicial func-
| 1ions. They can do nothing but ascertain
the result from the proper returns and an
| nounce it. 60.
.,.sSo far as the amended returns from
james City and York are concerned, canoor
requires me to say that, in my judgment,
they cannot properly be received by tnls
Roord because the commissioners, after Ger
fifving that irregularities occurred az the
election in those counties, and after SPECIFY.
II ing those irregularities particularly, seem 10
| leave It an open question whether OF not the
law eonfers upon them the power TO correct
said irregularities and make amended re-
- x, \, IN mu construction OF Enc