Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-06-05
Judge Haucock's Opinion.


TIE following is the full text OF Judge
Uancock's opinion IN the Petersburg cleo
tion cases. delivered al late hour Thurs
day night:
The Judge said that o careful eXamina-
tjon of the authorities and the textbooks
relating TO wrils of mandamus in election
matters failed 10 disclose case similar to
the one now before the court. IL Is true
there are cases where boards OF caDyaSsers
have been compelled by mandamus to count
and canvass the returns OF election, and TO
GRANT certificates to persons receiving
majority OF votes cast in an election.
Rrt nowhere has the Court been able
To- find a case in which two OF the
iudoos of election have left the ballot
how i'm the custody OF the remaining
iudge. and Afterwards refuse to count,
cortiSl and return the votes cast and de-
nositcd i'm the ballot-bOX. The case nov
h,fore The Court must be decided upon the
law and the facts as they present themselves
10 the Court, without the aid OF precedent
or authority. The right to vote Is the most
sacred right guaranteed to citizen by The
Constitution and laws OF our State. In this
country the will of the people Is the SUI
preme law Of the land. This will OF the
PEOPLE can only be expressed by cleo
lions fairly aud properly conducted.
In our State elections are held and the
will OF the people expressed by means OF
written ballots. The people make known
their will by depositing these ballots in
ballot-boX in the presence OF Judges ana
clerks Of election, between sunrise and
sunset OF a certain day named for that pur-
pose. The object OF having judges and
clerks to supervise and conduct the cleo
ton il that the ballots cast by the people
nav be counted fairly and honestly, and
the will Of the people carried into effect
without possibility OF fraud. II all the
neonle was honest il would not be
necessary to have one TO supervise
an election. lnasmuch ~ tho object
az having Judges and clerks TO super
wise the elections Is to see that the ballots
deposited by the voters are property &C.
pcsited and counted. these clerks and
Judges, after the people have deposited their
ballots, cannot refuse TO count them; and
II they refuse to count them and abandon
the ballot-boX, and II is shown by evidence
| that the ballot-boX has not been intcrfered
with, and that the ballots deposited
therein are the same ballots which
were properly placed therein by the quall-
fed voters, in the presence Of the clerks
and Judges OF election, then the said
| luUEtS anu CitIh, Cm NC OompCicu
by mandamus 10 count the same and
make proper return thereof, although the
| time prescribed by statute for counting the
same nav have elapsed. Any other con-
struction OF the elec,ion-law would place It
| I'm TIE power OF corrupt judges and clerks
i 10 defeat every election by simply abandon
| ing the ballot-box aud refusing 10 countand
| canvass the vote which has been properly
| cast hy the qualified voters. The evidence in
the case before the court shows that the elec.
ton was properly held in the Sixth Ward
| precinct In the city OF Petersburg, on the
2Tth Of Nav, 1886, and that all the ballots
deposited in the ballot.box were properly
placed therein by qualified voters, that the
polls were closed at sunset; that the two
| clerks OF election aud two OF the judges OF
election left the ballot-boX In the custody OF
! the remaining Judge, after first locking aud
sealing the ballot-box which contained the
| ballots aud poll-books; that the ballot-bcx
| has been in the continuous possession OF the
remaining Judge and has not been tempered
| with TIP 10 the present time. Therefore. rs
| the will OF the people, expressed by their
ballots deposited In the balot.tox has been
unascertained and undetermined, the Court
doth order that peremptory wit OF man
dainus issue 10 compel the judges and
clerks OF election in the Sixth-Ward pre-
cine. that being the precinct in which the
mandamus proceedings originated 10 count,
canvass, and make return OF the votes in
the said ballot.box which were deposited
therein on the 9th day OF May, as aiore.
said. The Court further said that the evil
deuce m these cases did not indicate that
the clerks or judges Of election who left the
bslIol.hox intended any fraud or violation
Of law, bat that they abandoned the ballot
box because they feared violence.