The times. [volume] (Richmond, Va.) 1890-1903, 1892-04-15
COLONEL sporswooD's DEMAND FOR A
RECOUNT.

Colonel Spotswoou hhS s""' 80
ward establishing fraud at tho lhird pre-
o;no, % Jefferson ward He has proved that
,,o,o voters have certified in writing that
,hov voted for him at that precinct than all
,ha votes allowed TO him there. though he
saw only seventy-nine without selection out
~ Tho three hundred who voted there. lie
has proved tha. a youth was held up to look
over the door. which was locked with only
three persons in the room. shortly after the
election closed and that one of the persons in
the room was near the ballot-box with a
bunch of papers in his hand similar in appear
nnce TO ballots. He has proved that this
person was seen in close conference directly
afterwards with another. and heard to say IN
low tones. Yes, quick as lightning. and
then. "All right. old boy" He now asks the
city committee to permit him TO inspect the
POLLOCK at that precinct. Will the commit
tee deny this request?
Let US understand clearly Just what THIS
poll book is. Two books are used IN the elec-
tion the registration book and the poH-DooA.
The registration book contains the names OF
all voters entitled to vote at that precinct
the poll-book is made up as the election pro
ceeds and is record of ali who vote. Inc
book is blank when the election commences
As voter comes up to vote, 1t IS ilrst ascer-
tanned that his name is on the registration
book He then votes. and his name Is re-
corded in the poll-book. Now if the registra-
tion-boo had been checked as each voter
voted those who voted at the Third precinct
of jefferson could be ascertained from It.
and 10 this book Colonel SpotswOod has ac-
cess; but it was not checked. so that the only
record Of who voted there is contained IN the
notebook This is IN the custody OF the chair
man of the city committee and it IS this which
| Colonel Spotswood desires to see.
That he should be permitted to inspect 1t
and copy it also, if he desires to do So seems
one of the most natural of all possible things.
Why should he not be? The book IS IA puo-
lie record that should be open to the inspec-
ton of all Democrats. IL is not the private
property of the chairman OF the committee
nor OF the committee itself IL is recoru
made by the agents of the Democratic party
of the city, and paid for by the Democratic
voters of the city. 1t Is book IN whlch
every single Democrat has an interest. and
an interest as great as any other Democrat 1t
should be open at all times to the inspection
of all Democrats
And who can possibly be hurt by any one
that chooses knowing who voted at the Ihrd
precinct of Jefferson ward? The Democratic
party of Richmond is not ashamed OF ITS
voters at the Third jefferson precint. 1t IS
perfectly willing that the world shall know
that the sturdy citizens who vote there are
good Democrats. 1t is proud Of them. 1t
wants the world to know who its friends there
are. There is no sort OF reason for excluding
Colonel Spotswood or any one else from
view of this book ,iand. if til not given to him
the charge will undoubtedly be made, and
with apparent reason. that it was to cover and
conceal a fraud.
Hon. d. c. Richardson was wholly in
error in stating. as he did, to the COM
mittee that the course of the State Senate
in the johnson and knight contest was
precedent for refusing to allow Colonel
| Spotswood to inspect the book. The Senate
did refuse to allow Colonel Knight TO send
for the poll-book at the Old Market precinct
4
respects similar to the present.
johnson and Knight were contesting for
seat in the Senate. The act of Assembly lays
out and provides the rules for such contest,
and it prescribes the time within which each
party must take his evidence. knight allowed
that time to elapse without bringing in this
poll-book as lie might have done. into the
record. The evidence being closed and the
case made up for the Senates decision, he
came 70 the Senate and asked it to send for
| the book that he had omitted 10 bring into
his case Johnsons counsel resisted the ap-
plication on the ground that since either
knight or Johnson was entirely eligible TO
hold a seat in the Senate the contest for the
seat was in the nature of a contest for any
other property right; and as the act Of Assem-
bly, had prescribed the rules for conducting
that contest, and the time within which it
must be completed and Knight had failed to
comply with what the act prescribed he
must stand in the position of all other sutors
who have failed to make out their case. To
| this Knights counsel rejolned that the Con-
stitution makes the Senate Judge Of the cleo
ton qualifications and returns Gifts own men,
bers. and that no act OF Assembly could. in any
manner whatever. abridge this supreme'con-
troll over the subject thus conferred on the Sen
ate by the Constitution. To this Johnsons
counsel replied that what was claimed was true.
but that 50 long as each contestant a cit-
zen of Virginia. capable by law of holding
seat in the Senate. the Senate itself had no
concern with the question which one secured
the seat that that was a matter which the
interests of good order and fair play required
| the Senate to leave to a contest to be carried
on between the two according to rules to be
prescribed by law that would secure a fair
and equal chance 10 each; that that supreme
control over the subject referred TO would
never be exercised by the Senate except in
case where the body itself was interested as for
instance, when person claiming seat on its
floor was incapable by law of holding it,
being a duelist, felon. an alien, or under
some like disability. This view was adopted
by the Senate. is may be seen from ali inspec-
ton of the report of its committee very
elaborate document drawn up by Senator
Daniel But let this fact be noted. The re-
fusal to allow Colonel Knight to send for the