Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1879-08-25
The Fairfax Contested Election Case.

FAIRFAX 9. H., Aug. 23.-Yes:ct.ag the
County Court. Judge G. ". Wat.les, of Alex
andrla. presidiug, disposed OF the election CAS-,
ct Petitioners vs. t. L. Broadga,er. At the
election for couaIy officers held the 22od
day Of last Mey, Fog and Broadwater were
opposing candidates for tho Office of Commis,
sloner OF tho Revenue on the North side Of the
Road. The canvasse.s OF tho vote, after full
examination and count, certified to tho clerk of
the court that Il. L. Br5adwatcr had received
o major!y Of 2G Ct tho vosas css and tha. he was
therefore duly elected Wittia ten days after the
day of election (seo ch .. D. IL code, 1881
j. w. Graham and l6 others filed their pe,i.
ton alleging 'that SAID election Was undue
and illegal, and the returns thereof ialsc, and
in support OF their said complaint. they asqe
as fellows, Ne: The nonicstec filed his answer
aVerlog that he hell tho certificate of
election, denying t!o allegations OF tho peii-
| TONERS aud charging fraud and illegally at all
tho precincts where Fox received a maj priv Of
votes. On this p;!tlon aGd answer and the
other papers filed tler1Sfh, the caus, came nm
for hearing. Gen. VIM. Ii, Payne and Thomss
| Moore, esd, appeared for the cootesec. aud
| Edmund Burke. cEG and G. Il. S. Turberve,
| esq, for the contestants. Tic coucscI for the
| contcstce moved to quasi the complaint, on the
grcuad that the ailiCaY.: requires! by the statute
was not subscribed 20 by the atlantis. who.
motion the court over ruICd holdiog that the
lazy had been substantially COMPLIED with. Tho
| counsel ior contestcc then moved that the COM
plant be dismissed because five Of the parties
who had sigocd il wished to abandon it and de
sired the same to % Glimissld. Bus the cou,t
| no srrul nd IN
machinery OF the c)UtGst which mad been set
III motion By These parties could not be stuppcd
because of their desire 20 withdraw aid retract.
The cJuasel for the defendant then moved to
dismiss the proceedings htclusc four of the
petitioners were net qualified voters on the day
ot election. This motion the court also over.
ruled, deciding that it was Gully necessary that
they be qualified ca the dag the petition was
filed. The courssl t07 Cei> 5iau: then offered
testimony 10 show thai
| l. W. 1. Davis, cue q! Tie pcti:ioutr,, lad
never registered Or pad lis c.ritalioa tax;
| which teipG saoTn 10 tue satisfaction Of the
court, IL ordered bis uauc to be stricken from
the petition
?. Iha! Richsri J5ics94, Cue OF The pcti-
TONERS. wes disqualified .. the Gay of the ilirg
the petition. Ceusel Tor Contestants showed by
testimony that the said petitioner had been
exempted by The County Court from payment
| OF the callta;lon tax. t'Ie Court held that the
| constitution 10 assessing the head tax had in
view the coilcc.iou OF certain amount Of RIVE.
nue. Tor The support Of the schools and did not
intend that this t:ct should be 10 aoy man.
ner restricted by the exemption Of Individuals
that the County Court had 90 authority to make
| such an order, end that the uame OF Richard
Johoson, he having lied TO qualify himself,
| ha rintn IL,
| g. That Burdett Skinner. ono Of the pci-
TONERS, had not duly qualified himself by the
payment OF the cspita;ioa tx. Counsel 70:
contestants showed by Skinner that he directed
tho treasurer to apply $3.50 (GraHn Jury at
tendance due him and payable out Of the cum
ty treasury 10 tho payment OF said tax Thn
| Court held this Insufficient and decided that
tho receipt OF the treasurer. which the said pc
| tltloner had rot obtained, was tho only good
evidence Of such payment, abd moreover thai
| said attendance leo was properly credit, on tho
petitioners uopald county taxes. and ordered
that his name be stricken irom the petition.
!. That W. s. Rigslcs vas DISQUALIFIED be-
| cause he had not paid the penalty REQUIRED by
law from deiltqacnt, although BIO had paid
tho 81 cspitation tax itself. Tho Court in
cined to the opinion that the dollar was all that
could be consltutiOnalIY exacIcd. but did not
pass GOal'y on this question, it being unncccs-
Ssry.
Three names haslrg been stricken from tho
petition, the number was reduced to IA, AID
the counsel for deielco moved that the petition
be dismissed because the statute requiring Is
qud(Ved petitioners bad not bec1 complied
with, which molioD was entertained and ,hs
contest accordingly dismissed, tho Court over
ruling the motion Of counsel for contestants 80
amend
Counsel Tor CONTESTANTS txceptel to tho rul
lngs Of tho Court 10 the Cases Ut Johnson aud
Skinner. and will apply TO the Circuit Court
Tor supersGdeas. Counsel for deleuc, had
excepted 10 first three yu!ir g. hu! they we're,
Of cour5c not catered OF rt0Irl. H.
RESCUED 81 a Trout Estimated by their
game qualities sud the officially sometimes *.
perlerccd 10 safely lan%iog them. tie Irger
spoclm!r s OF our noun ain lr1us, says the Helc
na Montana Herald, weigh like sturgeon.
This TACT II established whenever the trout
hooked 10 pool with sufficient depth and
spread OF water can briGg TO bear 10 his native
element tho full rcss;ing E.rlc of his remark
ably strong and active tell.
Illustrative ci' this, story is told of tho &
ptr'euco OF two professional fishers who reosu,-
~ went out from Helena to the Big BIscEfoot,
one doctor and The other lawyer. Ia very
hlef lime they mad 0 blskct OF bcauiss for
their psirs. but The fascination Of the sport
kept them tossing their flies into the clear
waters OF the magnificent stream. Finally ONO
man hooked a ''bouncnr," ono CD which he had
most yearued TO try his skill. The pool was
deep and broad, AID work AID li1esse as tho
doctor might, tae trout held to the @aler Tho
lawyer. resting his companion, tried his strength
and tact but with 10 better luck. Tho trou.
seemed quite master Of the situation, nor could
he be towod o. tuckercd cut
Tho contest finally culE1ina:ed in most ex-
citing scene. Determined to secure the prizs.
ard forgetting he could not swim, tho valiant
Doctor throwing aside coat and boots, jumped
into the depths of the strean. 1t WAS rash act,
and to save him the lawyer was forced 10 plunge
IN after him. fair swimmer. he reached his
struggling companion, and holding on TO thu
pole and tackle with one hand, lifted with the
other his companions head above WATER But
the lawyer found no could no: bring his burden
to shore. and only by apperhuman efforts no
nj or,f rf,o eipl,