The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-12-10

jgry that these receipts were issued not 10
the persons liable TO paw these capitati0n-
taxes or TO any agent authorized by them 10
act in their behalf; were they hot therefore
improperly Issuedg See first cause section
I, chapter AZ
Judge Hughes said:
81 assume that The holders o. the receipts
meDtioned In he fIst query were ciiizens
Otherwise qualf5ed 10 vote. who o8ered to
vote on showing the receipts. an, IN
formed that the receipts were OF The follow
tng tenor:
ss'S S1.05.
COMMONWEALTH OF VIRGINIA.
"'OFPICE OF TIE AUDITOR OF
"'PVBIIc ACCOUNTS.
"sRICHMOED. VA, Uctobef 30, ESQ.
"s Received OF JOHN Burton th" receipt
Of the Treasurer OF the Commonwealth for
one dollar five cents, on account OF the capt
tation- and rsnal-prOperty-'axes re-
turned delinquent for The non-pa' ment
thereof by the Treasurer Of Manchester city
for the year 1879
"G w. DrEsBERRY, JR., Clerk
"Tbat tbese documents are authentic and
came from the Office Of the Auditor OF Pub
lie Accounts is, / believe, not denied by any
one.
1.-The simple question, therefore, IL
whether genuine receipt, issuing from the
AUDITORS office. evidenriug the payment to
the Slate Treasurer Of captation-tax OF
one dollar and five cents Is legal il signed
| by clerk in the Auditors Office in the stead
OF the Auditor himself. in view OF the con-
Guiding phrase OF the 9Th sec'ion OF chapter
43 0f the Code, which il, 'he (meaDing the
AUDITOR shall grant a receipt therefor
| "Observe that the language Is not 'hc
shall sign and grant receipt THEREFOR 0nt
is simply bat he snail grant receipt. The
| law seemed 10 contemplate thai tho pressure
OF labor upon the AUDITORS office might be
so great as 10 render ii inconvenient II not
impossible for that officer TO sig m all receipts
with his own sign.manua, and In that view
seems to have employed the word grant
instead OF the word sign.' The fact that
this receipt issued from the Auditors oitice
attested by the signature OF the clerk as
signed to the duty OF issuing it Is proof that
il was granted by the Auditor himself, and
it is legal receipt.
"2d. The second question pr0pouuded by
the grand jury is based upon the opening
cllu. e OF the same section and chapter OF
The Code before referred to- winch is: All
moneys 10 be paid into the Treasury OF the
State shall be paid by the person liable to
pay the same. or his agent. into one OF the
banks &c. The grand jury, IN stating
that these receipts were issued, not 10 the
persons whose taxes were paid. nor TO any
agent authorized by them 10 act for them,
meant, suppose. to say, 'not 10 any agent
previously authorized to act in their behalf
have TO say on this subject that II one
person pays money into the State treasury
for another person without his knowledge
or request, and the person Tor whom II Is
paid afterwards recognizes and accepts the
| uuymcnt us his own. he thereby nakrs tic
person who had paid the money without his
knowledge his agent for that purpose
within the meaning OF the clause OF the
Code under consideration. One may make
another his agent for such purpose by
subsequently ratiiying his act as well as by
previously directing the act TO be done.
"Haying specifically answered The ques
tions of the grand jury, l Will take occasion
TO say that inasmHch as the elective iran
, cbise is right OF the highest Importance
all laws enacted for restricting or regulating
the exercise OF it should be literally con
e strued in aid OF the right.
! Furthermore, judges OF election, WINE
careful TO see that persons Offering TO YOU
} are legllly-Quallied voters, should disdaii
C to act as obstruclives iothe progress 0i eiec
tions, which it is their duty to Facilitate
2 and should rather be disposed to overlool
. mere technical difficulties than so to lnagn'
K ~ them as to defeat the citizens right u
: vote if be is meritOriously entitled to tn
right.
2 "And | am clearly OF opinion that ih
grand jury, in passing upon sucn papers Il
the receipts in question, should act upo
II the well-settled and very necessary princ'
!. nile OF law that official acts, and acts OF put
: | -. lin Of
e must be presumed to have been rightly an
i legally done until the contrary IL made |
t anDear. So, likewise, judges OF electio
3 not only have "A right TO act on this maxim
4 hut are bound to do so, In the discharge
+ their duty at the polls. They are sol
}. liuJoes, however, in all matters OF dout
u arising at the polls, and cannot be inter
s fered with at the time By any power OF 10
4 State, whether executive or judicial"
J, Immediately after Judge Hughes an
/. swered the questions Yesterday the gran
e iury retired to their room, and about
n O'Clock returned with indictments again'
y the following judges OF election IN th
}. Third Ward, Manchester r. b. Fostei
n ,James +. Galloway, and Simuel Logar
?, The two first named are Democrats, and 10
h latter is colored Republican.
Ie They are indicted for refusing to allo
Is CERTAIN persons to vote at the late electio
q upon tax-receipts issued from the Auditor
ID office and under section 5515, page 1869.
he the Revised Statutes OF the United State
a 1878, which reads as follows:
t. "Eyery officer OF an election at whic
ie any renresentative or delegate in Congre'
y is voted for, whether such officer OF an ele
ID ton be appointed or created by or und'
te cny law or authority OF the United State
IN or by or under any State, territorial, al
n trict, or municipal law or authority, WI
'b ueclects or refuses to perform any duty !
IL regard to such election required OF him |
any law of the United State, or of ar
at State or Territory thereof; or who vio'ai
IT. any duty so imposed; or who knowing
.ioes any act thereby unauthorized, WI
intent 10 affect any such election, or the I
a suit thereof; or who fraudulently max
ne any false certificate OF the result OF SUI
ne election i'm regard to such representative
r. delegate: or who withb0lds, conceals or q
&c. stroys any certificate Of record so requir'
AL by law res pectng the election OF any SUI
BY representative or delegate; or who neg'ec
>" or refuses TO make and return such cer''
n cate as required by law; or who aids, cou
u. cells. nrocures, or advises ans voter, petso
on mr. officer to do any act by this or any Oh
or preceding sections made crime, or 10 on
lr. to do any duty the omission OF whicn Is
'e- This mr. any OF such sections made erime'
N. a,,emnts 10 do so, shall be punished rs p
e' scribed In sections oolo-ii'