The times. [volume] (Richmond, Va.) 1890-1903, 1892-04-26
SPOTSW0OD FOUR AHEAD
TIE RECOUNT rs FINISHED LAST
Tho Result Surprised Even tho Committee
MIR. Page is Elected br Sweeping
MsJority-Anotber Recount

In accordance Win the action or the lily
Democratic Committee ut its meeting ut
It's meeting at Sanger Hall. Friday even
ing. this body met last nigh. at the City
Circuit Court room FOR the purpose OF
going into recanvsss and a recount in
the .Spotswood-S contested election case.
The committee was late in assembling and
slow to get to business. There was a good
deal Of useless discussion. and speaking out
of order and the chair had great difficulty IN
keeping them down 10 business. 1t was
nearly 8 o'clock when the secretary read the
minutes of the previous meeting.
Mr. Samuel Nj. Page. who was present. pre-
sented a communication addressed to the
chairman of the committee stating that he
had served q notice OF contest on Dir. Hirsh-
berg his opponent. for councilman III Jener,
son ward. The letter which was read closed
by saving: 81 serve this additional notice that
the committee may save tine and trouble IN
making the count for Spot'woOd Gnd myseii
at the same time. not believing for moment
that under the many charges Of fraud that
have been made as TO the primary election.
that the honorable committee can grant any
one recount and refuse the same To me-
On motion of Mr. BOwry the request OF
Mr.. Page was granted by an almost unahi-
nous vote. II will be remembered that Dir.
Page WAS defeated by single vote. Ills can
frauds and irregularities "a charged by Col
onel Spotswood existed, and, in addition 10
the charges made by him 10 Mr.. Hlrshberg
and the committee in his first notice OF con-
test Oh the 18th instant he included these Oh
fraud and irregularity in the notice served on
M. Hirshberg yesterday.
OPINIONS.
The secretary then read letters from Mr.
Hill Carter Colonel Meade Haskins and Mr.
To- I'M in 70
give legal opinion TO the committee on the
question OF what is proper construction OF
the term. "a re-canyass and recount az set
forth in the plan OF the primary.
The letters differed but little in the opin-
ions given and summed UP would be con
strued to mean thorough investigation with-
out regard 10 set rules Sir. Hill Carter let
ter was the first letter read. Following a
short preamble he says:
The only dissatisfaction provided for Is dis
satisfaction with the face of the returns or
with the original count OF the ballots. the
only redress to be asked IS a recsnyass OF the
returns or recount of the ballots or Doth.
A canvass of the returns Is simply the eXalnl-
nation and compilation by those charged
with the duty of the different returns made
by the Judges OF election at the several pre-
cincts and a recanvass OF these returns seems
to me 10 mean only an examination INTO the
correctness of the addition and subtraction
of these returns. with power only 10 correct
anv errors whether produced by fraud or
carelessness that appeared on the face oil the
returns OF in the compilation lhe Original
count and recount provided for the ballots
so as TO ascertain that they on their faces,
are legal ballots and the counting OF them
for the candidate for whom they purport TO
have been cast.
I'm my opinion therefore, the plan
adopted for the primary does not
provide for an examination into errors.
whether unintentlOngl or fraudulent,
except those committed in the canvass OF the
returns or in the count of the ballot, and does
not look to receiving evidence of illegal and
fraudulent votes cast gathered outside OF the
returns and Of the ballots themselves.
The provision in the twelfth clause pro-
ydes that the contestant IS TO specify the
irrecularities errors and frauds charged Is
not inconsistent with this view. because
irregularities errors and frauds may as vel.
be committed in the canvass Of the returns
and in the counting of the ballots as III any
other act done in an election.
Il must add that it seems 10 me that the
power and duty of the committee to deal
with errors and frauds IN elections held I'M
der its supervision the results # which are
10 be certified to by il, are broader and more
extensive than the powers and duties con-
ferred by the rule which the commit
tee itself has laid down in the plan.
IL is charged with the duty of
for its party and to say that 1t can bind itself
or that candidates can bind it by any sort OF
rules or regulation or agreements even to
shut it's eyes TO mistakes or frauds ehectlng
the result of such selections, would IN
many instances make 1t party
10 fraud and would often result
in what. in theoryat least does not exist !. e.
"A wrong without "a remedy The committee
therefore. in my opinion. has the power from
the very nature of It's duties. independent OF
and superior 10 the rules laid down IN the
plan. to examine into and correct errors and
frauds IN primary election
COLONEL HAsKISs.
Colonel Meade Haskins said, in substance.
that he thought the words recount and re-
canvass should be construed according TO
the spirit and reason of the plan rather than
its mere letter n order to ascertain the true
and full meaning OF such recount or re-
canvass or both you should consider
the words with reference 10 the purpose tor
which such recount or recanvass, or both. IL
allowed That Is TO say. II 1t Is 10 detect ana
correct errors OF irregularities merely you re-
examine the returns and ball OTIS so az TO us
cover and correct the errors or irregularities
II there are any u be found, or II 1t Is 10 IN
yestigate fraud you examine the ballots
and the voting so as 81 eliminate the fraud and
announce the proper result or ascertain the
real will Of the people.
In this matter of the primary election there
ia no other tribunal 10 which the contestant
can apply and your decision IS final.
Mr.. GUY
Mr.. Jackson Guy gave IN response 10 the
charman's request lengthy opinion, and set
forth very clearly the whole issue. He closed
his opinion In the following words What
then NAV the committee do IN case OF alleged
trand This il is impossible 10 say without
having a given case presented. have
stated that in my judgment they
we're not TO be confined 10 the literal mean
inc of recanyass and recount as have defined
those terms above: and as 10 what they may
do I should cav do what Is necessary IN hon
estv and fairness TO get at the bottom OF tho
fraud and make their decision accordingly
annreejatipg the difficulties surrounding YOU
and the committee In the determination OF
the yexed question now before you. -
Cuite a lengthy discussion followed the
reading of these letters The chairman
stared to Colonel Spotswoods counsel. who
came in al that moment. that only portion
of Mr.. Carter's letter had been read. As the
latter part Of il went further than the simple
legal opinion asked for
THR WHOLE LITTER
Mr. II NJ. Smith. Jr., said ne hoped the
entire letter would De read. Colonel Elicit
oIso advocated the reading of the entire letter.
Mir Bowerv dissented in the name OF the
committee from the ruling OF the CHAIR. aud
on motion being made and carried the opln-
ion "a a whole was read. The part ruled ont
by the Chair is that part OF the letter above
conmencinp with the words Il must add
and composes the larger part OF It:
r. o,p .iderahle llscus5lOu MI. iTrOOm6