The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-12-08
Tho Time When.

The Time When.
II Is usual 70 draw indictments in the
language OF the statute which II Is charged
has been violated. II the indictment cam
not employ the language Of the statute and
still charge an offence against that law 1t Is
not only . defective indictment but indi-
Gates that the law has not been violated.
The law Of the United States which we
quoted yesterday provides that II "df any
election" for representative in Congress
certain things be done the doing OF them
shall constitute an offence against the
United States To charge that an offence
was committed "dt an election about to
be held Is to use phrase the first half OF
which cuts the throat OF the other half.
An offence cannot be committed at an
election about to be held. II is either
committed at the election-that is, while
the election Is being held-or else II is COM
mitted at some other time, or else is not
committed at all. II IN offence can be
committed on the LIST Of November cat an
election f" which is yet six days in the fu-
ture, il can be committed on the LIST day OF
October cat an election" to be held a
month afterwards. Nay, more: II ii can
he committed three days beforehand it can
be committed three months or six months
beforehand.
Look at section 5512 Of the United states
Statutes al Ldrgc-the very next section to
the one under consideration. 10 employs
identically the same language as section
55ii, except tina. the word "registration
is used instead Of the word "elcction."
We quote:
elf at any registration OF voters for an
election for representative or delegate in.
the Congress Of The United States any per-
son knowingly personates and registers,
or does any unlawful act
10 secure registration for himself or any
other person." &C., &c.
Now, can any person be indicted under
this section for anything done at any other
time than the day of registration! Regis
traton lasts in some States for several
DAYS. TO constitute an offence the crime
must be committed on one OF the days Of
registraiion-not before; not month be-
fore, nor a week before, nor day before.
Would you charge man with having
committed an offence "Qt" a regis
tration "abom 10 be heId"? Why, surely
IL il was ga registration" at all, it was a
registration being held at the time the
offence was committed, not at some other
time before or after. Here is question Of
fact. Was the offence committed "0t a
before registration commenced. 1t was not
committed at all. il it was committed when
q registration was about to be held To
constitute IN offence, the unlawful act must
have been done at a registration.
SO as TO the case before us. The offence
must be charged in the language Of the
statute-namely, that it was done ''dt an
election +" for Representative in Congress, :;
not "at an election about 70 be held" II
would to our mind seem TO be impossible
that crime could have been committed
on the 1st OF November cat" an election
held on the 1th OF November. As well
charge a man with having committed as
sault and battery upon a person who did
not come within striking distance OF him
until two days after the time when the
offence was charged to have been commit
ted.
The District Attorney no doubt sees the
difficulty we have suggested. If the offence
charged was committed at all by anybody
1--WE specify no names) 1t was done sat"
an election for congressman held on the 9Th
OF November last; and to charge it in those
words would be sufficient. When the
cases came mp for trial, aud the District
Attorney offered TO prove that the offence
was committed five days before the day
OF election, then Judge HUGHES would
have 10 decide whether that was sat" the
election.