Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-05-20
MANDAMUS.
REGISTRARS SUMMONED INTO COURT IN
PETERSBURG.
An Elaborate Argumsnt-Ths Courts Dsci.
sion-The Municipal Contsst-rhs
Democrats Determined.
lcorro,pondsncs Of ths Rlchmond pIapa,ch.l

sion-Ths Municipal Contsst-rhs
Democrats Determined.
fCorrespondence OF the Richmond Dispatch.l
PETERSBURG, Va, May 10, 1855.
A case OF much interest has engaged the
attention OF the Hastings Court to-day, OF
interest as showing the straits TO which the
Republican party OF this city are putin their
anxiety 10 carry the municipal electiea
On the 18th instant 3ir. Wayerly n. Rag
land. voter OF the Second Ward In this
city. gave notice In writing TO Dir. James Z.
Caldwell. register Of said Second ward, that
on the 18th instant, at ii s'clock, he would
make application to the Hastings Court for
a writ Of mandsmus against bin. to be grant
ed upon the ground and for the purposes
set forth in his petition, copy OF
which was served along with the petition.
The petitioner, a0opgSt other things, al
leees that Ten the 18th day OF May In said
city, the petitioner being as such voter entl-
tied to inspect the registratisp-books OF said
ward ana 10 obtain thereiroin all inferma-
ton disclosed by said books. called upon the
said registrar and respectfully asked per-
mission to Inspect the same and 10 make
copies tbereirom In the presence OF said
registrar"
The petitioner then alleges the refusal OF
the registrar 10 sccese TO this request aud
prays that the Commonwealth writ OF
msDdamus may be awarded "directed 10
the said Janes Z. Caldwell, registrar as
Aforesaid, commanding him u allsw the pc
titioner TO inspect said registretion.boeH
and 10 make In the presence OF the said regis
trar a copy thereof, or such other memo
randa tbcreirOm as will enable the petitioner
TO possess himself Of the Information dis
closed by the said observation-disclosures, or to
show cause why the SAID writ OF mandamus
shall not issue"
The case having been continued until to-
day, was called tnis morning at 10 O'Clock.
The defendant, by counsel, demurred TO the
petition, aad the construction OF section 81
Of tke Code OF 1857 being the crucial point
OF the case, was eaDoratelyprgued, together
with other questions raised by the pleadings,
which are net OF general interest.
The part OF section 81 eli the Code which
was the subject Of controversy reads as fol-
lows "The registrar at each place OF voting
shall deliver TO the judges OF election his
reglstration.books not later than sunrise on
the morning OF election-day, and after such
election the Judges OF election shall turn over
the Observation-Disclosures to the registrar, who
shall keep and preserve the same; and ssid
registration books shat at all times be open
10 pitblic Inspection" Italics mine.
The Court decided In an able opinion that
the right OF inspection was free and unre'
s,ricted (which was not denied by the regis
trar or his COUNSEL. but that the registrar
could not be required by the petitioner 10
permit bin, In said registrars presence or
otherwise, 10 make copies or 4 copy OF the
Registrations books; and, therefore, that the
demurrer must be sustained and the pro-
ceeding- dismissed.
In the matter Of the petitioner Ragland,
whose PRAYER for writ OF mandamus TO
compel the registrar Of the Second Ward to
allow copy Of bis TesisraliOn-oOsk to be
taken was decided by judge Bernard, an sp-
peal was tins afternoon taken TO the supreme
Court. 1t is not expected that the appeal
can be heard before the municipal election
or even FOR some weeks 10 cone, but seci-
sian by the Court Of Appeals is wanted for
future guidance.
This afternoon Treasurer J. w. Couch,
who is the Republican candidate for election
10 that Office, Sled a petition in Judge
Bernard's court alleging that the Electoral
Beard OF this city have hitherto wilfuliy failed
and neglected 10 maze any appointments OF
| iudses OF election IS required BY law,
| aud the purpose Of the board ia to sppsiBt
unfit persons Is Judges, all from The Demo-
| cratic party, in disregard Of the lGw-which
! requires such appointments 10 be made,
whenever it is possible, from the different
| partieS. The petitioner further alleges that
| in Petersburg there sre many persons both
able TO read and write from whom 1t was
possible TO make such appointments. The
| Electoral Board, by their counsei, X. b.
| Davis, Esq, demurred TO this petition and
a.. h. vt slxf " ar
the petitioner was entitled to have the writ
of papdamus. The case was elaberately Ar
eued bv SIR. Davis for the board and by
Judge X. II. jones and George ?. Bernard,
| ESQ, Tor the petitioner, Couch, The Court.
oyerruIea the demurrer, and said it would
grant peremptory writ ordering the APP
| pOintment 81 the judges according 10 tue
PRAYER Of the petitioner.
! The Court then took q recess 10 enable the
| defendants TO prepare m answer, which ass
| submitted by MT. Davis about O'Clock 7.
Nj. The answer set forth that Mcssrs.
George W. Eanes aud Myer SsaI were the
duly.elected members OF the Electoral Beard ;
that they did net previous 10 the LIST OF
March appoint the JUDGES Of election and did
not 80 construe the Law "A 10 require them
to do so; that since toe lat day Of March
they have appointed judges fer the several
wards from tse different political parties
that there is no law requiring the publica-
| ton OF the names Of tue judges, yet as the
! wishes OF the petitioner seem to he TO know
| the Judges full list is given aud the Court
Is askea 10 dismiss the proceedings. 1t was
thought that this answer 81 the board would
| settle the matter, but counsel for the petit
toner after conference submitted replica.
ton DENYING that the law had been complied
with by the beard except in the case OF enc
ward, declaring that IN tue other wards TIE
| Judges were Democrats, and thus having
| made issue the Court was asked 10 have q
Jury summoned 10 decide the question
whether the board have made any appoint
ments.
The defendants objected, but the Court
decided TO order q jury asd special one
was requested and ordered for honday at
10 o'clock. The case has excited great
deal OF interest. Many people were In the
courtroom during the proceedings. On
Monday the matter will be thoroughly ar.
! gued In all its bearings.
Ex-Governor William r. Cameron and d.
A. LYON, ESQ, we're counsel for the petit
toner, aud William b. McIlwaine, Esq,
counsel for the registrar.
There were other petitions for maBdamus
against ether registrars. but the above was
made test case by which all should be de-
cided.
TIE MUNICIPAL CONTEST.
The municipal contest, new in full tide,
excites intense isterest. The Interest n
heightened bF the reports that the Republi-
cans intend 10 resort TO measures which are
considered extreme, and which may II Car.
fied out cause serious trouble on electlen.
day. The report is in circulation that Re
publican detectives will be on duty, mea.
/ sure Of itself calculated 10 precipitate trou.
BILE. The DeMocrsts are fighting TO win In
this contest, and they will be al the polls ia
| full force to maintain their rights and resist
all attempts at anything like bulldozing. A
petition has been circulated aud very gene.
rally signed by the merchants, who pledge
themselves 10 close their places OF business
on electiop-dsy.
An application has been made to the mayor
/ to appoint Democrats on the extra police en-
election.day and have them assigned to duty
at the polls.
In conversation with O prominent Demo
erat to-day your correspondent was assured
OF Democratic victory on the 4ih OF May.
| He gave rs the reasous for his Conscience The
large gam in the Democratic vote at the re.
/ ak.Ns l.. N..Nl