Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-01-11

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the circumstances Of each case, and q
court Of equity willalways relieve against
the running Of the statute whenever. by
the act Of the adverse party or the hap
pening OF events over which the party
has no control. prevented the exercise OF
thtir right. If this be 80 IN a court Of
equity, a JortiOri will the Senate, body
vested with the exclusive power OF
judging Of the elections. qualifications,
and returns OF its members. Its powers
are OF necessity broader and more COM
prehensiye than the powers Of any court.
In the case under consideration the con
tes,ant by the act Of the returning
officers in the counties OF Mont
eomery aud Craig and by the
proposition made by Colonel Houston
and accepted by Colonel Ellis, that
neither should accept the returns of cleo
ton, only fow hours were allowed with
in which 20 give The required notices.
notice which from it, nature. and consti
tution required more time than then
allowed.
The power thus vested in the Senate
becomes a duty which the Senate owes
to itsclf-the constituency of any district
interested and to the contending claim
ant for the seat in controversy.
But the statute exceeds the power Of
the Legislature in the premises The
power given to the Senate to Judge of the
elections, qualification. and returns of its
members carries with it 10y irresistible
implication all powers necessary for the
full exercise of the powers expressly
granted and given by the Constitution to
the Senate alone. and cannot be delegated
to another body or shared with it. The
exercise Of that power in the case in con
troversy becomes necessary to do justice
in the premises, and il has repeatedly
been exercised in similar cases by the
House Of Representatives in construction
OF the statutes Of the United States in
cases cited.
Mr.. Rhea did not think the contestant
had given sufficient reasons for his delay
in Giving notice Of a contest for the seat.
He said if the statutes of Virginia had
been ignored SO far as IL relates TO the
government of the Senate, it should also
be excluded in reference to the kind Of
ballot used, for, said he. "the Constitu-
ton does not say what kind of ballots
should be used it does not say white,
red or green, sticker, tissue, or postage
stamp ballot" Mr.. Rhca considered this
the most important subject OF the present
session,
Mr.. MOOrE.
Mr.. Moore thought this question was
one that should be at once settled, for it
was a subject that was of great import
ance TO every member of the Senate.
He held that there have been in the Nir-
ginia statutes since 1875 directory pro-
visions similar to the provisions now e1-
isting in regard to contested elections in
the Senate and House OF Delegates re-
curing notice to be given Of the inten-
ton to contest and to take dispositions,
dc. The provision Of iio Constitution,
section % of Article 3, declaring
in substance the manner Of de-
termining contested elections in cases
not specially provided for by this Con
stitution shall be prescribed 10y law was
placed in the Constitution in 1850, and
therefore went into effect in 1852. There
t re, those who now cOnstrUo the cleo
ton statute as mandatory because Of
that clause, are compelled to admit that
prior TO 1852 it was not mandatory, and
that the power OF the Senate prior to
that date was ample to disregard the
statute where sufficient reason for its
disregard appeared. The statute was
not adopted III consequence Of this new
constitutional provision, and the Sen
ator from Fairfax thought that the
trainers OF the Constitution of 1850
had no thought Of making the sec
ton in question apply to contests in
the General Assembly, but only to con
tests as to county aud other officials.
This inference becomes strong when it
is considered that although prior 10
1850 the Legislature had not under
taken TO regulate such local contests, but
had lett contestants TO the common law
remedy OF 0,iO tCHrF0HfD, yet shortly
after the Constitution of that year went
into effect the Legislature passed an act
providing simple method of determining
contested election cases involving claims
to county, corporation, and township
offices. 1t was clear that the clause
had application to such contests alone
and was not intended TO limit the power
OF the houses of the Legislature
Mr.. Mcdonald (Republcan) was the
next gentleman that spoke on this sub
ject. He was decidedly opposed to any
investigation, holding that MIR. Ellis had
not carried ont the provisions Of the
law, and had consequently forfeited all
right to n contest. He therefore moved
that the memorial requesting an inyesti-
cation be rejected Before the vote on
the question was taken, the Senate on
notion of Mr.. Williams, adjourned until
to-day at II o'clock.
House Of Delegates.
The House met at noon-Speaker
Cardwell in the chair.
HOUSE BILLS REPORTED.
For the relief of William Morton, of
Charlotte county; for the relief Of
Joseph Wars. Of Dickerson county, from
fine imposed by the County Court of
said county adverse report to amend
lle ACT DIOIlDllllg TIE uSc vi IOuuu anu
purse nets in the James and Chicka-
hominy rivers below tidewater grant
ing loan of arms of the State to the
principal of Marion High School in
Smyth county; to authorize the county
of Madison to subscribe to the stock of
the Madison Courthouse and Orange rail
road OH certain conditions to authorize
Christian Hanson to erect a wharf in
front OF his store for shipping oysters
to reduce the number of trustees in the
Upper Appomatox Company to provide
for the deposit of State funds in certain
cases to incorporate the Danville and
East Tennessee Railroad Company to
incorporate the Danville and North
Carolina Railroad Company to amend
the act Incorporating the Madison Court
house and Orange Railroad Company;
to facilitate the transfer of shares In the
Upper Appomatox Company, and to pro-
vide for changing the same from real to
personal estate, and to authorize the
said company to mortgage its property
and franchises.
AIT. r3rrUppun