The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-06-17
PETERSBURG.

rur srA ATS OF THE INCOMING C0USc1L--THE
POINTS or JUDGE MANN's DECISION IN THE
CONGRATULATIONS CAsE-AID FOR THE
p,rp,cv-rousTY sUFPERERs-THE CENTRAL
ASYLUM SITE, &C.
fcouespondencc q the Richmond Dispatci.I
JUNE 10, 1882.
Tho dec;siop az Judge f.. NJ. Mann Of
tho Hastings Court Yesterday in the matter
~ tbe Fourth Ward contested-election
case docs not alter the status OF parties In
the Common Council. That body stands
thirteen Readjusters to eleven opposition
members. Two OF the latter are indie
nendent ReKdjusters, who will act with
The Democratic side Of the house. The
contest for the organization OF the Council
and the dispensing OF the patronage OF the
body will take place on the LIST OF July,
and the result will depend upon whether
Mr.. II. j. Jarratt, who Is the mayor-elect,
and Mr.. L. w. Crouch, who is the city
treas,Irer-elect, both OF whom are
members OF the Council, and Mr.. James
NJ. Parham, who Is an inspector OF tobacco
at Noore's warehouse, or any two OF them,
will take their seats and participate in the
organization on that day. The current re-
mort is that they will do so, and that the
two former will then resign and qualify to
the Offices to which they have been elected.
This. il is believed, will raise some very in
teresting questions OF law, which the
courts will be called upon to decide.
In my letter OF yesterday | gave very
briefly the grounds Of Judge Mann's de-
cision in quashing the complaint OF the
Fourth Ward petitioners alleging an cum
( due election" and ''ialse return" in that
precinct Oh the 18th OF May, and asking
| for an inspection and recount OF The bal
lots. The question was new one in the
court. having never been passed upon by
fbe supreme Court OF the State. The Court
was guided in the opinion rendered by the
decision OF the Pennsylvania courts, under
statute similar in every respect to that OF
Virginia, and the petition was quashed, on
motion Of the cOnteStccs, on the ground
OF yagueness and uncertainty. 1t alleges
no facts. 1t does not set forth with accu-
racv. certainty, and distinctness anything
which, il proved, would be sufficient TO
rebut the presumption OF the primd-fdcie
correctness Of the returns OF the sworn
officers OF the law. II simply alleges that
bv inadyertence and mistake OF the Judges
and clerks of election it was made TO ap-
pear that certain men received majority
Of the votes cast, and that upon n proper
and correct count and tally it would have
appeared that certain other men had re-
cciyed majority OF the votes. 1t does
not even set forth how many votes were
cast for each candidate, and no reason l.
assigned to support the allegation that
there was a mistake. The Judge holds it
to he true that all proper facilities
should be afforded TO ferret ont frauds
and correct mistakes when they are
supposed to exist, yet it is equally
true that IN election solcmnly held
Is not 10 be triied with by any persons,
be they judges or citizens. "What has
been done by the sworn agents OF the law
i always to he presumed rightly done, and
those who seek TO impeach the acts OF these
functionaries must not expect to be enter
famed. Il, instead OF bringing positive,
tangible, and direct charges. they content
themselves with general argumentatiYe and
theoretic imputatiOns."
4 subscription has been started here for
the relief OF the suffering citizens OF Pa
trick county. It Is headed by liberal
contribution from the Tobacco Exchange,
made this morning, and the movement will
be followed up among the merchants and
others.
mentioned several days ago that petit
ton signed by many OF our best citizens
would be presented 10 the president OF the
Council requesting him to call special
meeting OF that body to take immediate
and definite action towards the purchase
OF the site for The Central Lunatic Asylum.
The president in reply thereto, quotes
from the city charter, showing that "no
contract for debt on account OF the interest
and purposes OF the city shall be en-
terea into otherwise than upon the vote
OF two third, OF the members OF the Con-
ell elected, said votes to be taken by yeas
and nays, and recorded at regular meet
inc Of the Council Holding that an ap-
preparation for the asylum site must be
made, in accordance with the above, at a
regular meeting of the Council, the prcSi-
dent regrets that he cannot call special
meeting in response TO the petition. The
matter will come up at an adjourned regu-
lar meeting OF the Council to be held on
the 2Sth Of this month. ROBES ADAIR.