The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-02-02

L
mitted as q general principle that the returns
of election officers are primG Jacie true, be-
cause the law presumes that its officials
or servants perform their duties. If
| this presumption is oyertbrown by
satisfactory proof that they have
not performed their duties, but
have falsiGed the facts. then the presumption
ceases TO operate, and their certificates are
no longer verities. What, then, are their
certificates? If they are not verities, can
they enlighten an honest tribunal seeking
only for verities? Ii they are ascertaiued to
be false, not only in one, but 10 many facts
not consistent with accident or unavoidable
mistakes. can they be accepted for any pur-
pose or to any extent respecting Verities! TX
so, to what extent? What defines the ex.
tent: We conclude, therefore, that these
| returns from this precinct are so tainted ano
40 polluted by fraud as not to be relied on
| for any purpose-certainly not within any
reasonable or defnabe limits. It is claimed
| by tie contestant that since the returns from
this precinct must be rejected by reason Of
| fraud, which cannot be measured or defined,
| that he should have credit for such votes as
| he has proven deiors the returOs, which,
added to bis vote in the remainder OF the
| district, will give him majority over the IN
cumbent of all the legal votes cast 10
| the election; that as the incumbent has
| not proved any votes be may Lave received
| at this precnct-dehors the returns rejected
! for fraud-he should not have credit for any
at this place. By examining the whole vote
cast for both candidates at the election we
| find 5,SSS would be a majority. If to con-
testant's vote, $500, returned for him from
the entire district, we add fifty.siX legally
proved votes received by bim-minus thir.
teen votes returned for him at First precinct OF
Jefferson Ward-we find that his total vote
| received will be 5,S43, or forty-five votes less
than majority from the whole district.
NOT A MAJORITY.
| To elect him, even upon this most favorable
| hypothesis, it would take within about five
| (5) votes of the fifty (50), which he fails to
prove, except in few cases, by mere hear
say evidence. Now, it is conceded by both
sides that certainly at least 402 ballots were
cast at this precinct If so, how will stand
the case of the incumbent? Ii we reject the
returns here for fraud, then the incumbent,
| failing to prove any votes-dehorS the re-
turns-can have credit for none at this
precinct. Deducting the 39l returned for
| him from his entire vote in the dis.
| trict, and he will have left him 5.5S3, or 800
votes less than majority of the votes cast in
1
we give him all the votes returned for him
at this First precinct about whose ballots
there is 10 testimony, how will he then
stand. Subtracting from his entire vote
1914, the 43 votes of electors who read their
ballots and the fifty not legally accorded to
| Knight, but who q fOrti0rl cannot be given
to Johnsop, and we find be will have 5,sSl;
or seven votes less than majority.
| THE WILL OF THE MAJORITY.
| Being therefore of the opinion that it cam
not be ascertalned from the evidence for
whom majority of the legal electors did
vote as between the contestant and the in.
cumbent, ,-ths question arises for our solu-
| tion What shall be done to secure the due
| reDreseptation of the Seventh senatorial dis
| trict. and to ascertain the will Of the major
ity!
] 1t is true, il we throw out of the COM
putation all the votes cast at the First pre-
cinct of Jefferson Ward except the ffty.siX
proven for contestant, then, while Knight
| will have majority over Johnson, yet he will
| fail to have majority of the total vote
cast in the election. There are authorities
which sustain the position that where a
party shows by proof, deh0rS the returns re.
ieeted for fraud and uncertainty, sufficient
number of votes cast for him to give ma
iority in his favor over his opponent, al
though not majority of all the votes east
in the election, that he ought to be seated !;
while other authorities show that in such
cases the election should be vacated and re-
turned to the people. While not undertaking
to reconcile these conflicting authorities,
since they are not binding upon this body,
we are of the opinion that in this case
the soundest and safest rule to guide us is to
return the election to the people for their
decision for We lay it down as funda-
mental principle of both the State and Fed
eral Constitution that the will OF the ma
iority shall prevail whenever it is possible for
that will to be ascertaned.
! CONCLUSION.
We cannot conclude better, we think. than
in the language Of our own Court Of Appeals
Goth Grattan, p. 30): "There can be no dan
ger, on the other haud, in remitting the
power of filing au office to the peo'
. pie, to whom it ultimately belongs
In doubtful case it ought to
be done, rather than have the Office
, filled by the appointment of any court;
Such course is more consistent with SOUND
policy, more just to the voters, more likely
!. to prevent abuse, and more agreeable to the
principle, Of our Government"
We therefore submit the following resolu.
ton, and recommend its adoption:
! Resolved, That in the opinion of the Senate
neither Bradley T. johnson nor William
c. Knight is entitled to seat on this floor.
!, and that the election be referred back to the
people for their decision.
B. F. BLAND,
H. G. WooD,
MANN SPELER.
| Careful! consideration OF the evidence and
; argument of counsel in this case. despite my
illness at the Gnal deliberations OF the COM
mittee, ipduce my hearty concurrence in the
, foregoing report. SAMUEL. +. MADDOX.
TRae Two Reports.
When the minority report was presented
to the Senate it was signed only by MessrS.
Bland, Wood, and Splitter, but some lime
: afterwards it was ascertaned that Mr.. Mad
dox (Ropu b.ican) desired to sign it, and when
placed in his hands he made the endorsement
which appears above. The report made hy
, Major Daniel remains the reikr;t Of the com
n,ittee, as 1t was the verdict of four OF the
, seven members of the committee who were
present when the action was taken.
RELlG4ogS.-The revval-meeting at Trini-
, " church still continues to increase in inter
!. est. On Monday night sixteen persons pro-
fessed conversion, and last night, though the
weather was inclement, the house was filled,
and eignt persons were converted. DR.
| Rledsne nneacheS Djphfly 1ai announced