The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-01-18
IN FAVOR OF PETIT.
The Senat, Committee Recommends that
He be Seated.
ADVERSE REPORT ON MIR. TURNER.
Measures to Prevent License Taxes
Being Paid in Coupons
MONEY FOR THE LUNATIC ASYLUMS,
senate.
THURSDAY, January II, 1884.

senate.
THURSDAY, January II. 1884.
Mr.. Hurt I'm the chair. Prayer by Rev.
A. Harris, OF the Elevehth'Street syna-
gogue.
EIGHTEENTH CIRCUIT.
The Senate received from the House
senate bin abolishing the Eighteenth CIR
cult. with an amendment which provides
that though the counties heretofore form
| ing the Eighteenth circuit shall he merged
into the Twelfth and Thirteenth circuits.
the Judges of the two circuits shall have
no additional pay.
The Senate bin proposed S400 to Judge
Mclaughlin and Judge Turner each, and
this amount the House struck out.
Mr.. Koiner moved that the Senate dis
agree. He doubted II Judge Mclaughlin
would continue on the bench il these labors
were added to his office and no additional
compensation given.
Mr.. Wickham took the view that the
barest Justice entitled these Judges to addi-
tional paw for this heavy extra work to be
imposed upon them.
The Senate refused to concur in the
House amendment.
Mr.. Keezell was ordered to inform the
House.
ii seems now not improbable that the
matter will end in the maintenance OF the
old Eighteenth circuit and the election oil
a Judge thereior-at least there are very
considerable number OF members VINO
favor that view; Senator keeZell, OF Rock
ingham, for one.
AsYLUMs.
House resolution providing for the i'm
mediate wants Of asylumS was concurrod
in.
PETIT VS.. HUBBARD.
Mr.. Diggs, from the Committee on Priyi-
le0es and Elections, submitted the follow
ing:
To the Senate Of Iirginfd:
The Committee on Privileges and Elections, 10
whom referred the matter OF me contest Oh
Pembroke Petit against T.. W. lluhard,iOr seat
I'm the senate from the Eighteenth district. having
duly considered the evidence, which Is herewith
returned. and having heard the arguments oi
couns cl. submit the following report:
The returns from the Eighteenth district show
the apparent election Of Hubbard by majority OF
forty-three VOTES. The contestant disputes the
election on the following grounds;
First. That more than fOrty-threc Illegal ANA
improper votes were Gust and counted for liubard'
which being now stricken out, viii seat HIM. the
contestant. -,
second. That the whole poll at Curdsville pre-
cinct, Buckingham county, should De rejected ne
cause of the Illegal. unauthorized. ana improper
acts of persons There conducting The electiui' a.
sumny, without legal qualification, to act as oni-
GERS Of election. M -,
Third. The entire poll at Gray's-Store precinct,
buckingham county. should likewise be rejected
from the count. because the pOd-hOOk rcurDed
thcrefrOm contains no certificate OF tie admins
tration of any Uah 70 either OF the olhcet> thefe
assuming TO conduct the election.
The contestant abandOns The contest so FIR rs
concerns the inelIgibilty of the contcstet notced
In his petition. and therefore the committee does
not consider that ground of contest.
Dispositions are taken and documents filed on be-
half Of both contestant and coutestec, but the
committee l. forced 10 exclude all evidence ten
deIed by the c0ntestcc. because ne did not begin
the taking of his dispositions until the I'D 0i NJ
VEN cr (se" page 81 printed recprd)-inorc tlai
fifteen days after the election Of 9th November.
ChaDter o, secti |. prescribes: They shall re-
speciiyev begin 10 take CcpOsilons within fifteen
days and finish them within twenty DAYS after the
election. Neitncr party shall nave the Dcnenl ol
any depDsitions mol taken within the time above
described and limited" This law Is plain
and mandatory. ana rules out the oeposi-
rppOit of the committee. with one dissent
ing vote. aud by the senate In the case Of
BRYANT rs .Crumpler The contestant has psrtieu11
larized and proven Illegal votes cast and coun'td
for Hubbard a. the number of -. Printed record
pages 2i-6. 20, Il, 80. l3S-l4o' including one
Cohen proven by deposition OF Brigg> not print
cd because not received In time. OF tlts number
o are shown by the dispositions In Tie printed re-
cord IN Robinson against Franklin. IN me House
OF Delegates. which, by agreement is taken ~
evidence in this cause. The seven or eight votes
cast at Palmyra for liuhard. Which were written
or printed on white paper ruled with blue lines;
are considered valid ballots, and legally cou1ted
Tho facts as to CurdsyilIe precinct, as shown by
deposition of Powell Hooper page 35-a7) are
these:
The rcgu,arly-appointed judges of election for
that precinct were ). V Critc. william T.. Gamma
way. and Jack Ells. soon afcr sunrise or GER
t1inly before the lapse of an hour thereafter, OH
nle Ia T. r. ~fCgTf. Powell
Hooper (thc wtnessl hegan e. receive the ballots.
Ellis. the only regular appOintee, being an ilulc-
rate cOlored man. wholly unable 10 re:ld or write.
They al belonged 70 the same political party Sc
lectcd no clerks. and made no proclamation.
Who selected said Stegar and Hooper, or by
what authority they assumed tO receive ballots.
or by whose orders they assumed to conduct the
election. or why The ballots were received before
arrival of regular judges. and before The lapse OF
an hour after sunrise; why all these sO-caled con-
ductorS of election belonged To one and the slIne
political party: why none of them were duly
sworn why no CLERKS were selected; ana why no
proclamation of the opening or the polls was then
or thereafter made the evidence does not disclose
The said stegar Ellis. and Hooper, without pro-
clamalOn. all three acting as judges aud Hooper
acting in the double capacity of judge ana CLERK,
and with other clerk. proce' ded to receive bal
lots and deposit them M the box. The form OF an
oath, Il seems. had been administered by A. {.
Garnet. ST.. Il candidate on llubards ticket Tor
The House Of Delegates aud then and there 10 he
voted for. said Garnet not being, aud not pre-
tending To- be. an officer authorized to administer
oaths.
This continued for some time until Crute
rived. who claimed the right To act as Judge. but
wanted TO see the ballot'DoN opened ana naIlofs
counted, otherwise he could not swe r that he had
seen into The box. IL does not appear thal Ellis
ever saw into the box. Hooper mtimatcs he did
not The hOX WAS broken open by Stegar, emDtied
on bed, the ballots counted found 10 correspond
wi IN number of names on pOll-bOOk, and were re-
placed IN box and II nailed mp again by Stegar.
The ballotIng then proceeded with Eli, Siegar;
and Crutc as judges :; Hooper as sole clerk until
some time thereafter John Mathews came and
Joined Hooper rs clerk. Under their administra-
ton. all unswOrn, the election proceeded to the
Al close of the polls the examination and count
OF the ballots was had IN a room IN the presence
freely. Including salt Garnett. candidate. and his
sou. The latter aided In nscerfaining the vote.
The result was found 10 be: For Hubbard, $50
votes for Petit, 81 votes.
Thus II Is seen the conductors of election az
Curdsville violated the plain. notorious provisions
and requirements of the law in The following par
ticuars
1. The selection, If any. offIooper and Stegar a.
judges was made before the lapse OF an hour after
sunrise. section of chapter 5, Code 1873, au-
thOrizes the selection OF substitute judges only
after waiting for regular appointees one hour.
2. The polls were opened before the lapse Of IN
hour after sunrise.
g. The persons selected, II any. rs judges did not
possess all the qualifications of Judges Of election
IN that they did not belong to different political
parties, hut all tn the same party and the imprac
ticabiity of selection from different parties, as
required by section s OF chapter {, Code 1873, Is
not shown.
A. The judges did not appoint or select any
clerks al all :is required by section 8.
8. Neither of the judges took the oath required
by section o before or after entering upon per-
fOrmsnce OF their duties.
g. Neither Of tie clerks. acting as SUCH after the
polls were Informally opened took the oath be-
fore or after entering upon the performance of
their duties, as required by section @.
z. No proclamation was maze OF The opening Of
the polls as required by section ., chapter s.
8. The ballots were not delivered 10 one iudse In
The presence Of both The other judges who certified
the returns. required by section Is.
9. The voting was suspended, and the ballot
box broken into. and ballots taken out, In plain
violation Of section Is, which requires that II
- shall not he opened except for the purpose OF