Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1880-12-10
Iuaeo EEushes's Opinions.

TIE grand Jury OF tho U. s. Ci!ca.t Corr'.
ia Richmond, vi ich has been coss!dsrlog the
CASES Ct the judges of election Of Mar chester.
csked su.wIs "Wednesday afternoon from the
curt 10 the following questions:
list Are tho receipts Of George ". Duts.
barry, H., c'erk 10 the Auditors ofEc!, Lawful
receipts under chapter 43. sections 7, l3, and
IA of the Code Of Virginia ior deIirqaeot capt.
tation taxss Of 1892 He was not first clel K
or acting Auditor. Receipts referred 10 are 10
hands Of the District Attorney.
"2i. 1t is 10 evidence before the grand lty
| that these receipts were issued not to lGo per-
sons liable to pay these oaptalicn tiX:s CT to any
agent authorized by them to &C: in their behalf;
were they lot therefore Improperly issued
SEQ first clause section 7. chapter 43 y
Judge Hughes said:
| II assume that the holders Of the receipts
| mentioned in the fret query ware c!tiz IDS other
wise qualified to vote, woo offered to No:e on
showing the rtcipts. am informed that tho
receipts were OF tho following tenor:
! COMMONWEALTH OF VIRGINIA., !
"OFFlcE AUDITOR PUBLIC ACCOUNTS,
| "'RICHMoND, Va. Oct., &c. 1880.
"'Received of John Burton the rcc.ips If
lhs Treasurer of tho Commonwealth for one
dollar five cents, 90 accaunt OF tie csIl.atlon
aud personal-property-ta returned delln-
q1ant for Lbe roo'paynent thereof by the
| Treasurer Of Msrobester CITY Tor the year 1879.
| &c, w. DUEsBEREY, JR., Clerk
That these documents are authentic and
came from the Office of tho Auditor OF Public
Accounts il. believe, not donied BY ery one.
The simple question, therefore, is whether
genuine receipt, issuing rcn the Auditors
| ofic,, CVidencitg tho pbyGcnt 10 the State
Treasurer of ac4pltatontsx OF enc dollar and
| five CENTS i, legsl il signed BY Clerk 10 the
Auditors cfios in the seed Of the Auditor
| himself in view of the concluding phase OF
| tho lib section Of chapter 43 OF the Code,
which is he (mesbng the AUDITOR soa'l grant
receipt therefor.
"Obse1vo that the language is not he shall
sign end grant r;csips therefor but is simply
| that be shall grant receipt. The l.W seemed
| to contemplate that the pressure Of labor upon
the Auditors cffico might bs 8? great as to
render il iuoonveIientif not impossible for that
| officer to sign ell recip.s with bis own sign
manual AID in that view seems TO have EN-.
ployed the word grant Instead ct the word
| 'sicu.' The fac. that this reo.ipt issued from
the AUDITORS cffca attested By the signature Of
the clerk assigned 10 the dGiy CT issuing it is
nrocf that il was grated bs the Auditor him.
self. and it is C legal recsipt.
'2I The second question propoOrGtd By the
grand jary is based upon the operiag clause OF
the same section and che pter OF the COds before
referred to, which il: All moneys 10 bs paid
| into the Treasury of the State shall b, paid by
| the pcrscn liable to psy the ssmc, CT his agent,
! iot, one OF tho bsrks.' &c. The grand jary.
! in stating that these receipts we're issued, not
| 10 the persons whose taxes were paid, nor 70
any agent authorized by them t. tci TOR them.
meant | suppose, to say, net to any agent
previously authorized to &C. IL their oehsh.
| have TO say on this 6ntj2ct that It one
person ptyj money loto tbe Stale treasury Tor
another ue;soo without lis knowledge or lc
ouess, md the person fer Rhom it is paid after
wards r,cogn:z,s ard accepts tho payment ss
his own be thereby makes the person who bad
maid the money without Ills knowledge his agent
far that PURPOSE within The mesnlog OF The
clauss Of the Csde under consideration. One
NAV make another bis oxcn; toT such purpose
b. subsequently rr!itSiog his act as well as by
previously directing tho act 10 be done.
Having specifically answered tho questions
Of the grand 1ry, | will take occasion 10 sly
that inasmuch as the elective franchise is right
Of tho highest importance, all laws ouac:ed for
restricting crregulslirg the exercise OF 1t should
be literally constructed 10 aid Of the right.
careful 10 see that persoos ttf.riog to vote
ara lrcaIiy-qualifsd voters. should disdain
10 got as obsru,i Tres to the progress of cleo.
lions which it is their duty 10 facilitate,
and should rather be disposed to overlook mere
technical difficulties than so 10 magnify them as
to defeat the ctiz3 ans right to vote Il heT nerlic-
riously entitled to the right.
and l am clearly of opinion tia. the grand
jury in passing upon such papers as the receipts
in Question, should act upon the we'll settled
and very necessary principle OF law that official
acts and acts public of ;ers in the line CT their
rightly and legally done until the contrary is
no ade to appear. 80, likewise judges of election
not only have right to act on this maxim, but
are bound TO do 3d. in the discharge OF their duty
all matters of doubt arising at the polls, and can
not be iuterfered with at the time by any pow.
CT Of the Stale. whether executive or judicial"
COURT OF APPEALS YEsTERDAY.-WoItv a. !
Armstrong. Writ Of error awarded to jadg- |
mens rerdered by the Corporation Court Of The
City Of Altxandli, on tho 18Th O,tobor 1880. |
Ackss exc ltor. vs.. Bnnney; from the |
Circuit Court of tho city CT Norfolk, Affirmed |
by divided aourt. Judge Christian delivering |
the opinion of the court, 10 which Judge Sta.
Piles concu'red in the result but not in all the |
reasons; Judge Burks delivering dissenting |
opinion, 10 which Judge Anderson ooucurred.
Mason aud als. vs. futile. e.. From tho
Circuit Court of Fairfax county. Affirmed,
Judge Andersen delivering tho opiaiou.
Moses vs.. Cd Dominion Iron ADD Nail
Works Company. From the Circuit Court of
Richmond City: Reversed, Judge Staples do.
li9eriug the opinion.
R,wIio2's executor vs.. Rawlings srd as.
From the Circuit Court Of the eouoty of Lou
doun. Reversed. Judge Burks delivering the
opinion Of the court 10 which Judges Christian
and Anderson co2cu,red, Judge Staples cjI
sentiug.
Forbes & Alters vs.. Hagmap. Argued by
George D. WISE Ed, for llsintfs 10 error
and continued until to-day.
The news from the seat of var is constantly
contradictory. but rot so from DR.. Bulls Cough
Syrup; every report concerning it proves it to
be the best Cough Syrup kuoWD. Oaly 25,.
hokk i