Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1888-01-20

For this district warmer, followed by 70 G,r,
CT; weather, fresh ID brisk winds, becoming
porthwe,terly.
Contested ELEoTIoN.-The contested
o,ection case of Summers vs.. Waddey was
oartislly heard last night by the special
pommittee appointed by the COMMON Coun-
vi at its last meeting, consisting Of Messrs.
a,hert snowden, G. W. Fisher, P. Aitche
~ Thomas Bayue and Henry Kelley.
The me contestant, c. J. W. Summers, Gains
that B. F. Wsddey is not entitled to the
.aat now held by him In the Common Couu-
iii f1r the reasons that the special election
lila on December 18th last in the Third
-,ord at which Waddey C aims he was elect
"a was illegal, in that The polls were closed
Safore sunset, whereby many voters were
Janrived from voting, and that the order tor
.bs election specified Wednesday, December
~ when the election was held on Thurs
dav December To- by which vaguenes5
many prrsons were deprived of their right
TO vote.
summaries notice OF contest was served on
Woddev OH December 28th and copy also
sid with the clerk of the Common Council.
To this Waddey filed his plea, taking the
round. that Council had no power to try
eaass of contested elections, but that the
c,ur,s alone have exclusive original jurisdic-
,ion for the trial of all such cases. At the
last meeting of Council, on the 10Th instant,
,ha above named papers were read as was
al.o a petition from Summers asking that q
committee be appointed to investigate bis
claim. and that o new election be ordered
in tbe Third ward. The committee was ap
noipted. and last night met and took up the
case. Mr. Summers was represented by
Tndoa G F Stuart, and Mr.. WadGey by Dir.
J. H. Greene.
The first question scted upon was the plea
fled by Waddey denying tho right OF Coun-
Gil to try contested election cases. Judge
stuart araued that Counci had such right,
and is sole Judge of the election, qaaiitica
lion and returns offs members.
Mr.. Greene took the opposite view, and
toltende1 ia the question was Que which
the courts alone must decide.
Corporation Attorney Brent, who Was
present a. u pectalor. was asked his opin-
ion, and SAID uuquesioUaby Councii hal
concurrent rghs At least with me courts.
The committee, by vote Of four 10 one
Mr. Bayne). decided that CouociI had the
right to determine who were entitled to
seats in that body, ANA proceeded 10 take
evidence in the case Before Guy witnesses
e.
Gev's answer TO the notice OF contest, con
troyerting the different allegations set forth
therein.
Mr. G. F. Steiner, Judge of he election,
was the first witness, aud testified that l''
polls closed on tee day of the special elec
ton at % p m had contended hat thg
sun was not dowo, but the republican clert
produced an almanac, and on hat The polls
nlc -oI [ at hat sLI
set from IS to Is minutes LATER snan tho
time named in the almanac; nurn:'er ci
persons wers prevented from voting, hu:
did not think the closing of The polls aft CT
ed the ultimate result Of the election.
Dir. r. F. Lee testified that he gave no.
tice two or three times that the pole would
close in five minutes; the judges agreed to
close the polls at 4:29 o'clock, as Mr.. CrGp-
per, the republican clerk, had az almanac
which showed hat the SUI set al that time
after the polls had been closed, Mr.. Steiner
said that the sun was not down, and then
saw hat il was shining; did not Thick TIE
closing Of the polls affected the result OF The
election.
Mr. &. {. Carlin testified that before the
polls closed ons Of The judges had said that
fifteen minutes notice mIst be given before
the closing whereupon Mr.. Crupper said
that they could not do so, "a the polls
would be closed in four minutes ; offer the
polls were closed Mr.. Summers AID others
came TO the sde window and protested
against the closing, stating that The sun Yves
not down and saying they bad voters there
who wanted to cast their ballots knew of
more outside who wanted In vote; Mr..
Waddey's majority was u. Witness stated
that Crupper had said that "a The polls bad
been opened few minutes before eun rise
they could be closed lew minutes before
sun set.
Mr.. B. B. Smith testified that no took a
voter to the polls and found them cosed;
asked by whose authority they had been
closed before shutdown; it was then 424
knew fully fifteen men who were prevented
from voting.
Mr.. l. Brill, jr, c. J. w. Summers and
Brook Arnold testified that the polls were
closed sometime before sunset, aud that
there were from fifty to one hundred per-
sons near the polls when they were closed.
many OF whom were prevented from voting.
AIR. B. F. Penn stated that be had gone
to the depot to ask some gentlemen to vote
and told BY the foreman that the men
would 30 allowed to get off that evening in
ample time to do go, but when they reached
Inc polls they were closed that was some
time before shutdown.
Mr.. 5. G. Brenttestifed that be was 10 the
County Court Clerks office on the evening
Of The election when Mr.. Greene came in to
LOOK Tor an almanac saw by the almanac
that the sun set at 4:29.
Alter MIR. Brent's testimony the commit
lee adjourned till Wednesday night next.
FIRE COMPANY MEETING.-At meeting
" the friendship Fire Company last night
!ae following officers were elected ]. A.