The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-01-18

,v,tncss fstcrnrj also ,psets the whole theory Of
the inirnsion Of Crute stating that all three Of
WEIR, rm o. regularly oppointed and anaiIied. the
soIe reason, for admitting Crrltc being that
two Of ths then sitting Judges were mere
,,o,u,ee. sfeear is stiI more lrreconcilabie
with himself and other evidence In testIfyng-
rst that he was re5f ,Mo appoiated see9nG,
awhcn the law limits the term TO one YEAR, then
says tpnge 1917 he was not certain of hts appont-
ment for that election, and had not acted IN the
nreceding spring election; does moi know under
Whose appointment Ellis and Hooper acted. por
ON whose suggestion The polls were opened; be-
i,eves Fills 10 have been appointed ny the Uaied
St,tes Court, which was no appoint ment az all.
The deposition Of Crute and Ellis was not taken
by either party. Nor Is there any explanation Of
erred Of the fact that Garnctt. on The same ticket
with Uulard, received IL les, votes than HUBBARD
and boiling. on the same ticket. received 80 less
than HubardoIiu5arh IS majority more a, than
| Whereas at the only other precinct before The
commIttee-that of Gary's stOre-the contestants
vote Is equal TO those , OF MS colleague, on ne
colleagues, except running very few votes ahead
Of Boiling. d.
dence and controlling the question of the validity
of fhe election and return Df Cur isvile. wei
satiied and have nither o received the sanction Of
both branches Of This and preceding General As
mcrrsry. a law writer Of Acknowledged learn
ing and accuracy. summarizes the true doctrine
Governing Irregularities IN elections ~ follows :
:. Incompetency, inefiiciency. and reckless dsFe-
gard OF essential requirements of the law on the
part Of officers conducting an election, to such an
extent that their acts become unreliable. must of
necessity work fhe same result rs actual fraud
Wcf'rary's Law Of Elections, 1879.
And ..whjIe n mere irrc9uaritv which does not
,,tant the result will not yitiatc the return vet
where the provisions of the election law have been
entirely dsregarded by The officers and heir con-
diet has been such as TO render their returns
utterly unworthy Of credit the entire poll must be
rejected" 3O2.
When. however, poll Is attacked for irregular
ity informally, &c, II Is incumbent on the parry
vino relies on the return 10 produce proof of its
correctness other than the simple primo Jdcie
character thereof (Sections BOZ, 3O3, &c.l This
Is true when the parties conducting the election
were the ndouhted officers proper to conduct It,
and II fortiOri the rule ~ more stringent where
the election vas conducted by ,ntrilders' VINO did
way prescribed by law and known OF all men.
That the plain and imperative requirements OF the
law were Dersstpntly violated 1T Curdsville. there
can He no shadow OF doubt. MOI only was the con-
duet of the pretended officers there in utter disre-
gard of the law, but their combined testimony i
wholly irreconcilablc and impeaches the correct
ness Of their returns, because each and every OF
them cOntradicts the showing of the pOll-b0Ok and
contradicts themselves.
The committee Is clelr that the pretended cleo
ton al Curd Vile cannot e sustained; that such
precedent rs this would est blish would strip the
election law Of all Its safeguards and nulify al OF
ITS most essenilt, requirements.
The Illegally of the election at Curdsvllle, ana
the unreliability of the returns lhercfrom beng
gross, as In the Judgment OF the committee I'D
necessitate the rejection OF that entire poll. rem
ders IL unnecessary to pass upon The questions
raised in reference TO Tie informally or the re-
turns from. Gary's store precinct. Inc rejection
of the entire Curdsyille vote. according IT, the
uniform practice Of this body in such cases gives
the election TO the contestant and whaiever dis
position might be made of the Gary's-StOro vote
would not alter the result. The committee there
fore report the following resolutions:
Resolred. Isl. That +. W. HUBBARD Is not enii-
tied To IA seat III this senate.
ResOlred. 3D. That Pembroke Petit Is cntttlei
to a seat in this Senate, representing the Elgh-
teenth district.
Res cctfuly submitted.
j. SINGLETON DfGGs.
Acting Chairman:
II. ID. 1W1MAN.
MARSHALL MCCORMICK.
Mr. Thurman being absent from the committee
on account of sickness. j. :. DIGGS.
Iconcur without reserve in the foregoing resolu-
lions. but do not agree in all The re;l>Onings, cSpe-
cialv regarding the legality of the dispositions re-
ferred to- ". 4. GLASGOW.
We cannot concur IN fhe conclusions above ar
rived at by four of the committee. and we propose
making Il report stating The reasons Of our dissent