The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-11-20
The Augusta Contested Election Case.

The Augusta ssNA =
We imagine thatthe ontested.electior case
la Augusta county, between Messra. STUART
and orrg, is by no means /" decidet.' The
opinion OF the Attorney. General Il not such
as to settle the question. That officer Is, SO
we once heard another prominent member
OF the Richmond bar say, "the most accom-
pitched lawyer In Richmond y; get even he
msy aneao sometimes. His opinion, as
stated By our correspondent, Is that the case
presented by Mr. STUART for bis considera'
tions Is 8 casas omissas," and therefore
new election must be ordered; and as Gov
ernor KSapEa forwarded the opinion we
infer that he intends to order new election.
Let us look into the case.
The frss fact to be remembered is that the
State Constitution makes the House OF Dele
gates the sole judge Of the |" election OF
Its own members. That means that the
Governor cannot lawfully decide that any
; candidate Is or ia not elected to the House.
II he could so decide in the Augusta case,
and could in virtue Of his own decisionorder
new election, be could Of course do 1t IN
any other case. II be cannot make as Gov
ernor such decision which would be BIND.
ing, no more can he do it as member OF the
State Board OF Canvassers, nor can that
Board do 1t. The attempt Of Mr..
STUART to resign does not change
the lawful aspect of the case. He
resigned place which he had not been
elected to as the Constitution provides. So
Dir. DANIEL decides and so far he is I'm.
questionably right. But in adding that Mr.
STUART could resign after receiving MS
certificate of election from the Board OF
State Canyassers, and that the Governor
could then order a new election, ne erred, II
we are not greatly mistaken. In contempla.
ton of the Constitution, no member IS
elected until the House has passed upon his
claim and admitted him to his seat. Again !:
The law provides that contests for member
ship In the Legislature shall be based upon
the returns OF the election.ofhcers in the
various counties. Mr. OPIE has followed the
law. No act of his opponent can aivest him OF
his rights. The State Board of Canyassers has
no power in the premises. II the forms Of
the law are complied with, that Board can.
not lawfully give certificate to any man
not pronounced elected by the county can
yassers, no matter how good case ne may
have. The House is the sole Judge as to
whet her Mr.. OpIB or Mr.. STUART was elected,
and no other person, whether candidate or
officer, can change this fact. Suppose, for
instance, that GILLIAN was lawfully elected
BIZ five hundred majority in Prince George,
though his opponent received the GER
tifieate Of election. If the papers are all
found to be in due form by the State Board
of Canyassers it can do nothing but grant
certificate Of election TO Mr.. PAGE. And If
Dir. PAGE. should thereupon attempt to re-
sign The place, his act would not divest Gill
LIAM of any of his rights. The contest
would go on and if the House found that
GILLIAN had been lawfully elected he would
get the sest. eve mention this case by way
of illustration not to PREJUDICE it.)
But it will be replied that the Governor
does order new elections for members Of the
House when that body is not in session.
Urquestionably but it must be either in
cases In which the House has admitted the
resiguing members to their seats, or in cases
In which there is no contest. To allow him
to do so when there was contest would be
to make him, and not the House, the judge
of the election of the members Of that body.
We hold that Mr.. STUART cannot resign a
seat in the House until it has been assigned
to him by that body. And we will add that
when it is assigned to him he will consult
the best interests of Virginia if he will ac-
cept it. (This we say without! prejudice as
TO the contest itself3