Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-11-22
ALLEGATIONS OF FRAUD,
The Electoral Vote Of Virginia to be Con-
tested.

tested.
PROCEEDINGS AGAINST TWO DEMOCRATIC ELECT
oRs-oNE CASE TO BE BROUGHT BEFORE THE
STATE COURT AT RICHMOND AND THE OTHER
BEFORE THE FEDERAL COURT THERE.
conclusion was finally reached at late
hour last night in this city by attorneys repre-
senting the national and Virginia state republi-
can committees, by which the election of the
democratic electoral ticket Of that state is to
be stoutly resisted. The judicial procedure
determined on has been reached, it would
seem, after grave deliberation, and is intended
to make up issues affecting the right of presi-
dental elector, whose election has been pro-
cured by fraudulent means, to exercise the
functions of his Office by casting his vote in the
electoral college of his state for the candidates
OF his party for the presidency and vice-presi-
dency of the United States.
Allegations of fraud are to be made by two
of the defeated republican electors against two
democratic electors holding certificates of their
election from the state board of canvassers,
and one of the cases to be thus begun is to be
brought in state court at Richmond. and the
other in the federal circuit court of the state
sitting in that city. The movement agreed on
Is that as soon as the state board of canvassers,
which meets next Monday in Richmond, shall
declare the result of their canvass to be the
election of the democratic electors the two re-
publican electors just referred to shall file in
formation and complaint setting forth the
fraudulent means by which the election of
their contestees was brought about.
Technically speaking the proceeding will be
In the nature OF a writ of quo warranto, under
power of which it is contended the Judges ap-
hn oil fnru int,
court requiring them to answer all the COM
plainants' allegations The proceeding thus
commenced would go on in the nature of any
other contested-election case. If the court
should hold that the electors brought before it
were entitled to be confronted by their ac-
cuser's witnesses, the writ being in the nature
OF a criminal proceeding then it would prob
ably be necessary to have the personal attend
ance of many hundred voters, but if not SO
holding the testimony would be taken in writ
ing before magistrates and notaries public Of
the state.
DEBATING THE IMPORTANT STEP.
The resolution to take this step has been at
tended, so the parties making it say, by all the
hopes and fears belonging to the gravity Of the
issues involved No unchecked responsibility
or appetite sharpened by political greed is the
cause of the important action they are about to
begin. They say when Chairman Quay became
II.
that the republicans had carried the state on
an honest count Of the ballots, he cautiously
sent Col. Parsons, of Natural Bridge. Va, to
make personal inspection of the charges and
report to headquarters in New York. On re-
celving Parsons report confrmatory of Ma
homes statements, MIR. Quay came to this city,
Here he was met by Malone and a conference
ensued, with Gems. Butler and Henderson as
legal advisers.
PROTECTING THE REPUBLICAN MAJORITY IN THE
HoUsE.
1t was feared by Chairman Quay at this time
that the democrats would attempt to organize
the House through an unlawful issuing of GER
tificates of election to defeated democratic
i'll Virginia and other southern
states. At this first meeting the pressing ques-
ton. therefore, was how to restrain by federal
or state authority the canvassing boards from
the action apprehended by the republicans.
1t was finally doubted. however, whether any
order of the courts would suffi-
clently restrain any ostensible majority of GER
titled members from organizing under the pre-
vaiiing rules of thatbody. Arepublican aiority
began 10 loom up Also and finally the con-
gressional part of the contemplated proceed
lngs was given up and in its stead an arraign-
ment of the presidential electors agreed on.
Both Chairman Quay and Gen. Malone deny
any desire for mere party advantage.
Mr.. Quay, in one of his earliest dispatches
from New York. used words to Mahone about
as follows:
Give US your exact situation in Virginia.
We don't need your vote, but want the facts of
your election"
They do not iSnore, however the importance
to the republican party of developing and prov
ing election frauds at the south. and if foiled
In their present efforts, looking to the courts
Will arouse Congress. they say, to the neces-
sIty OF enactng suitable laws for the prote ction
of the ballot.
WHAT COUNSEL SAY.
cts rather leap in the dark said one of
the attorneysto a aSTARreprescntative this morn
ing. I'VE are without explicit federal or state
statutes empowering and regulating our
course, still we have strong hope of discover
ing an efficient remedy somewhere. Fraud
yltiates whatever it touches, and if shown
must always end in the overthrow of the wrong
doers." Continuing. he said there was but
one case in the federal courts bearing even re-
motely on any Of the points raised by the pro-
ceedngs. This. it appears, is the case of the
electoral board of South Carolina in 1876. in
the great Hayes controversy of that
year. The state board of canvassers there met
In the time and way provided for by state law.
and, after canyasslng votes and certifying re-
suits, were served with notice of motions
before the supreme court of that state
having for their object reopening
of the proceedings of the board under
direction of the supreme state tribunal. The
board Of canvassers, denying the authority of
the state court, were finally imprisoned for
contempt and fined i'll heavy sum of money
Judge Bond promptly assumed jurisdiction by
issuing writ of habeas corpus, under which
he released the prisoners. He held that state
board of canyassers. in canvassing the votes
for presidential electors, were acting primarily
in pursuance of the Constitution of the United
States, and could not be restrained in their dri-
ties by writs of prohibition mandamrs &c
issuing from state courts.
In the proceeding determined on last night
Messrs. shelfabarger & Wilson, of this city,
and Gen. Edgar Allen, of Richmond, are the
leading. counsel.
1t is not certain that either Gen. Butler or
Henderson will appear.
THE I1RlFGIDEArr Ic6yr