Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-11-01
ARREST OF PHILLIPS.
FoRcE-BilL TACTICS APPLIED TO A
HeNRIco REGISTRAR.
Complaint Because He Did Not Continue
to Fiji the State once ~ Qualifying
ms a Supervisor.

Mr.. James Phillips, who lives just out
side the corporate limits and has for the
last year been registrar at Shoemaker
Precinct, Henrico county, was arrested
yesterday afternoon on q warrant sworn
out by John w. Clarke. charging him with
violating the United States statute laws
and neglecting bis duties as registrar,
whereby q number Of persons were de-
prived OF their right to be registered tor
the approaching election. The persons
alleged TO have been excluded from the
right of exercising their franchises are
William Watkins, John Ellis, w. r. West.
Jack Fund, Rev. X. II. Bennett, James
Vaughan. Frank II. West. and John Gov
ington.
Mr.. Phillips bad been registrar at Shoe
makers about twelve months. but sent in
his resignation last FRIDAY In order that he
might qualify as one of the United States
supervisors for the district. as he mad pre-
viously received tho appointment from
Chiet-Supervisor NJ. +. Peasants.
COULD NOT FILL TWO POSITIONS.
Prior to his resignation he had registered
every properly qualified white and colored
voter who had applied TO him. He could
not fill both the position of registrar and
supervisor. rs one was q State and the
other Federal Office. Efforts were &C
cordinely made to have another registrar
appointed, but this did not prove such an
easy matter as had been anticipated, and
no other was secured until late Saturday
afternoon, when Mr.. ID. ). Brown was APP
pointed. Shortly after his qualif cation
the time in which persons were allowed to
register expired.
The warrant on which Phillips was ar
rnctaA nttf nv IInlfpd Mates
Commissioner Fiegenheimer, and Just be-
fore Mr.. Phillips was taken before this OF
fetal Messrs. G. V. Meredith and Meade
Haskins volunteered TO defend him, and
the case was continued until O'Clock IN
the afternoon. The prisoner was bailed IN
the sum of $4,000.
At the appointed hour Commissioner
Fiegenheimer held preliminary examina-
ton in the case. Assistant-District-A ttor-
new Bristow represented the prosecution
and Messrs. Meredith and Hasklns APP
peared for the defence.
The names of a number of witnesses
were called, but as they had either not
been summoned or failed TO be present
Judge Bristow agreed with counsel for the
defence 10 go into the case without them.
THE CASE PRESENTED.
Mr.. Meredith made an explanation on
behalf of the prisoner, which was sub
stantially the one given above. lie showed
that Mr.. Phillips qualified as supervisor on
Friday, and furthermore rendered his re-
signation as registrar to Mr.. Courtney, a
member of tho County Electoral Board.
He qualified as supervisor before Justice
Lewis on Friday night. and prior TO his
resignation performed the duties OF his
Office up to 4 or 5 O'Clock IN the afternoon.
Colonel Haskins maintained that the
very fact that the accused had written out
his resignation showed that he did not
knowingly violate the law,
Mr.. Bristow took the! position That
Phillips was registrar Until his successor
had qualified. whereas he ceased to per-
form his duties IN this Office when 1t was
still vacant, thereby declaring q number
of voters of their privilege to register.
His notice and offering of resignation was
not a resignation and could not be con-
strued as such until his successor bad en-
tered upon the discharge of his duties.
Judge Bristow cited the law as be con-
strued it on this point and mentioned a
case somewhat similar in its nature. winch
had been carried to the Court OF Appeals.
He argued from the standpoint that Mr..
Phillips had been appointed as supervisor
in September, and would have had ample
time to have secured a successor had there
not been some other motive save igno-
rance of the law upon the subject.
SENT ON AND BAILED.
Colonel Haskins made strong defence
from his construction of the law, which
makes 1t right for the State To give away
TO the United States, whether the resigna-
ton was accepted or not. According to
his ideas, there was nothing criminal IN
Mr. Philhps's action, and 1t was ridiculous
TO maintain that after q man had been
appointed to Federal Office il was an
offence for HIM to accept it.
Mr.. Meredith argued on the same line
and persisted that the very act of accept,
ance Of the Federal Office on the part OF
Mr.. Phillips made vacancy in the State
office. Partisan feeling, he said. would
not do for law.
Judge Bristow urged the point that the
accused did not tender his resignation as
registrar until Friday night.
Commissioner Flegenheimer certified the
case to the grand jury.
The prisoner was allowed bail in the sum
of $4,000, with Mr.. A. w. Ball us bonds
man.