Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1875-11-19
THE CONTESTED ELECTION.

NCs. WIZ W..
1t has been stated that Capt John N
Opie had, through Capt. S. Travers Phil
lips, his counsel, served on Hon. A. H. H.
Stuart notice of contest for the seat for
which the county canvassers have him the
majority. The notice of dispositions was
served on the 18th inst, and on the. back
of the notice Mr.. Stuart made the follow
ing reply:
Having, by resignation, relinquished all
claim to the seat in the House Of Delegates
to the General Assembly of Virginia to
which was declared by the commission
ers of election, elected at the election
held for the county of Augusta, on the I'd
inst, do not regard myself as in any
way interested in the contest now pend
ing.
ALEX. Il. H. STUART.
Nov. 18th, 1875.
THE DISPOSITIONS.
Wednesday last at the Office Of Edward
Echols. Esq, Notary Public, pursuant to
the notice served, the contestant with his
counsel was present, but Mr.. Stuar t, pur-
suant to his reply, was absent. Mr.. John
n. Opie was sworn and examined us fol
lows:
Question-(By contestants counseD: Are
you resident Of Augusta county, voter
and entitled to hold office?
Al am, have been a resident of Au-
yusta county for nineteen years and am
duly registered voter in Beverly Manor
township III Augusta county.
Q.-State the circumstances relative. to
the recent election for delegate to the next
General Assembly Of Virginia.
Al received the nomination on the
irst ballot as a delegate to the next Cen
ral Assembly of Virginia in the Conser:
vative Nominating Convention of Angus
ta ran for the position but the Com
nissioners of election declared me defeat
ID by two votes. Upon investigation
found the return from large number Of
precincts irregular. informal and illegal.
also felt satisfied that by a fair count l
had the majority Of the votes cast.
therefore determined to contest.
ALEXANDER HARTMAN.
Q.-State what you know about the
present contested election.
AIT the request of S. Travers Phil.
lips 1 went with him-I think on Satur-
lay, the 9th of November-to the Clerk S
Office of the Hastings Court for the city
If Staunton, and examined the poll books
.or the two wards of said city. The poll
BOOKS that were open for inspection, as
we're those that ought to have been sealed
lad not in any of them the certificate of
The swearing in of the judges and clerks of
lection and upon calling James F. Pat.
erson's CLERK of said Hastings Court) at
ention to the fact he came forward and
made certificate in one of the poll books.
although Mr.. Phillips protested against
lis so doing at that late day.
ALEX. H. IEABO.
Q.-State what is your residence and if
you are qualified voter.
Al am % years of age next March:
I'm resident of the 1st ward of the city
If Staunton, and am duly registered in
,aid ward. On election day, the I'd of
November, 1 went to the polls some time
.fter sun up to vote and the polls were
not open: l went and ate my breakfast
ind returned to my precinct for the pur-
pose of voting and found that the polls
were still closed; not having been opened.
had to go to the country and, although |
intended to vote | could not get back in
line to do so. 1t WAS tay intention to
vote for Jno. N. ODie, Esq, and not fol
\. FL. H. Stuart, Esq.
The taking OF the dispositions was here
djourned.
OPINION OF THE ATTORNEY GENERAL
Mr.. STUART'S RESIGNATION TAKES Eff
Feet WHEN THE sTA~E CANvAssERs
GIVE HIM A CERTIFICATE-A NEW
ELECTION TO BE ORDERED.
On yesterday morning Hon. A. H.
I. Stuart received from Gov. Kemper, t"
whom he had sent his resignation. the
following opinion of the Attorney General
III the question:
''Hon. A. H. H. Stuart in letter to the
Governor of the 9Th inst, says: 81 hereby
.esign my seat as oae Of the delegates from
The county of Augusta, to which was
elected on the FL inst.," and Mr.. j. N.
Opie in letter of the same date to the
Governor intimates his purpose to contest
Mr. Stuart's right to the seat, on the
ground that he is entitled to it himself, and
adds: II understand Mr. Stuart intends to
resign, and my Objects to prevent the is
suance of new writ of election under the
supposition that there is no contest" These
questions are suggested Until the State
Board of Canvassers examine returns
and determines who, by the greatest num-
Der of votes, is elected, can it be known,
whether Mr.. Stuart was elected OF not
And if he be truely found to be elected, can
his resignation be accepted AM new cleo
ton ordered in the face of Mr.. Opie's claim
to be elected by the people? Is not the
House of Delegates sole jud e of that ques-
ton and. can the Governor take any actor
in advance of the action Of the House.
answer the first Of these questions in
the negative. The State board must. on
the certified abstracts CT the returns of the
election. on file in the office Of the Secreta
nv of the Commonwealth, determ inc who
by the greatest number of votes is elected
to his seat; and until that is done, it cal
not be known who is elected to it. Code
Oh. s S32.
Upon the second question think, shoulo
it be determined that Mr.. Stuart is EMIT
led to the seat he may then resign it. Th'
Office cannot be imposed on him agains
his will, nor can he be obliged to accept
and hold it to afford an opportunity tc
Mr.. Opie to show, in contest with hin
before the House of Delegates, that he is
entitled to it. Mr.. Ople cannot force Mr.
Stuart to go to law with him about it. L
Mr.. Stuart may resign. when the return
-. .:dod To him II f0liaus tho I