Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-04-26
COUNTING THE VOTE.
THE CITY COMMITTEE DIVIDES INTO
SECTIONS AND GOES TO WORK.
Sers sss to what Rocanvass Means
Mr.. Pages Contest.

Under tho resolution adopted a. the Sanger
Hall meeting Of the CITY Democratic Committee
the body met In the Circuii-Court room last
night 20 commence the recanvass and the re-
count Of the ballots cast In the recent primary
in order 20 determine the issue between Colonel
NJ. l.. Spotswood and Mr.. II. 81. Smith, cand-
dates for the nomination for Commonwealth
Attorney.
After the roll had been called tho secretary,
Mr.. Wallace, read a letter from Mr. Samuel NJ.
Page who was candidate for the Council
nomination from Jefferson Ward, also copy of
notice served by SIR. Page on Mr. Hirshberg, that
he would contest nirshberg's nomination. Ac-
cOrding 10 tho returns, Mr. Hirshborg received
one moro vote in tho primary than Mr.. Page did.
LETTER From NR, PACE.
Mr.. Pages letter Is as follows:
Or. Ind. g. Wood, Chairman, d.c.:
Dear Sir-Please find copy Of notice served
on Mr.. Hirshberg this morning At ] I-jO Ccloss'
az may be seen by and1uL also have the eul-
dayit of the original notice served under cla use
u Of the plan Of the primary election shOull
the committee desire 20 see II.
] serve this additional notice that the coinut-
tee may save time and trouble in making the
count for SpOtswoOd and myself az the same
time, not believing for moment that, uunef lho
many charges OF fraud that have been inaue az
90 the primary election, That the honorable Coih-
mitiee can grant any one q recount ana uehy
tho same 10 me. Yours respectfully.
SAMUEL VI. PAGE.
Mr. Bowry moved that tho recount asked for
be granted Sir. Page. This was agreei 10.
WHAT A RECAEyAss MEANS
The Chair stated that he had asked the
opinion Of several lawyers as 20 what was
meaut by IecGnyass and recount Of the bal-
lots under the plan Of the committee ana What
were the powers OF the committee IN the
premises.
Three plans-irom Messrs. Hill Carter, Jackson
Guy, ami Meade Haskins, respectively-Wefe
read by tho secretary. The chairman slhieH
that no had also obtained the opinion oi Judge
Holiday, but had misaid IL.
Their opinions dealt with the question nj some
lcngth, but all reach the conclusion that the
powers OF the committee are judicial as wei as
ministerial
Colonel Uaskins says: "YOur committee
created and used this plan for the primary cleo
ton. and your committee must determine who
did receive the highest number oi legal votes
cast And this your committee can scar"iy 90
unless there be full and thorough lnVeslgt-
tion oi fraud when fraud If alleged ana you
have cause D. believe 10 exists"
Mr.. Carter, after holding That in strictly legal
sense or under strict construction the powers
81 the committee are only ministerial, goes on
% say, however, that " the powers and duties OF
the committee % deal with errors ana lfaudr ih
elections held under IT, supervision, the result
of whicn are 10 be certified by II, are broader
and more extensive than the powers and duties
conferred by the rules which the committee H.
self mas laid down IN tho plan. The committee
therefore, IN my opinion, has no continued
"tho power from the very nature oi Us duiles'
independent and superior 10 the rules laid dORn
in the plan, % examine into and correct errors
ana frauds in primary election.
EX-CHAIRNAS GUYS OPINION.
Mr Guy concludes his opinion as follows:
Tho committee is the hnal arbiier, there Is
no appeal higher, ana the provision for contest
iu the 12th section ssys candidate may base
his application Tor re 'anyass aud recount on
Irregularities. errors. or trdpds II ne ase u
on alleged frauds 70 viii be seen az once that the
committee may - all that % recanvass and "A re-
count literally mean, and yet 10 might not touch
the case. For example: Take, well cay. Pre-
cinct I in the second Ward. ON tho recount the
number o. ballots and the POLLOCK and the re-
turn may be q-ceTtalned tO be exactly right; Dut
10 may be alleged and proven that there are a
dozen nHmos on tho pol-book that are not on
the regIsiratOu-book Oi that precinct; u may De
shown that this was not mistake, but Iraul
then. rs tho committee 10 be pOwrricss 20 handle
fraul2 To recognize its existence, but 10 pro-
| clgiin we cannot help it7 In my humble opinion
| such was not the cont emplatiou OF tho primary
/ plan, ana sucn an Interpretation placed on II
| would ue "a woeiul disappointment 10 all VINO
| have at heart the partys welfare.
"What, thcu, may the committee 40 III case OF
alleged fraud? THIS 10 is impossible 10 say
without having o given case presented. nave
| stateI that, m my Judgment, they wore not 10
| be cOnnucd 10 the literal meanlhgoi recahVass
and recount as ] have defined th,se terms
| ret "a, the bottom of the fraud and make thelr
decision accordingly
DIVIDED INTO SECTIONS.
Mr.. Grooms moved that the committoe 60 into
| the recount and recanYhss AT On @ anu u'Ni1e
into committees OF three.
! Mr. Teuscr moved TO amend by substituting
| "four for three
Mr.. Davis moved, as substitute, that the re-
| rauvass aud recount Be conducted hy expert
/ atO a.
| Mr. Dayis's substitute was lost, ana MI
| Gro3ma's motion, as amended, wa agreed 10.
| MIR Davis announced that If he was turned
| out II tho committee be would not slay one Ilsu
| fo count the ballots.
| NJ FIoIrnoy moved that both the contestant
| and the c1utestce be allowed 20 name TWO llleI'u'
| to overlook the count. Inc inoli"h WIS ua'.
The Chair announced lhe lOIo"ins C"iA'44''t''i
| - make the recount: - .
| Madison Ward-NcsSrs lcnseri l. Nth
| Phillips, and lllacOhl p-,.-.
! jackson Ward-Ncs5rs. k0sehe, hoDlu5oh
! Fl0nu0y and figc.
| Marshall Ward-Mossrr. uIOonls' Naluei' Hal
SET. Jcrcrlau Wari-Mcssrs Bowry, Sheryin
| Davis, and plca-auts. ,.,- .,
Clay MGfd-Me-srs. BiackDufh' u. 80 v -''il
Monroe Ward-Mcssrs. Feritor, Hail. Epps
HOW FAR TO GO.
Mr.. Walker moved that the Chair make Z
| ruling deAuiug how far The committee could g
| ln re 'OInl. H..
! Ihe char stated the committee was now eoins
| into a recount Of the ballots. inc recahfas
| would come afterwards and then Il would Dt
kdecided Wnat a rccanyass meant.
| Captain Bigger was appointed by inc Char 9
| break the 90 ! of the trduk containing the bal
| lois aud deliyer them 90 the several committees
| and the recount commenced ,,.
| At2 o'clock this morning the count was silll u
| prngrcss, but jackson, Marshall, and MadlbOi
| Wards ha1 been completed
| Jackson Ward gave Smith gain OF >; Mar
| shall Ward Sp0tswooi a gain Of q, ami Madison
| Ward smith n gain oil 81. Two precincts OF Mon
roe gave SpotsWOol gain Of .; First aud eecon'
| jefferson gave MIN H. gam, and Ihird Jefferson
| which was about hall counted, had given hlu
IS ballots. or a gain Of lG over the number h
| mad been credited with In tho original returns.
WHERE PEOPLE WILL VOTE.
An Ordinance Establishing the Rolling
Places Adopted by the Council.
| M Common Council met last night an