Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-09-08
MUST BE A VACANCY.
UNTIL ONE REALLY EXISTS NO ELEC-
TON CAN BE ORDERED.
In Col. O'Ferraiis Case--Candi-
dates and tho Plan.

oerStood that Col. Charles Il. O'FcrrAl
would tender his resignation OF HIS seat
In Congress to take effect on the 9th OF
November. the day preceding the guber-
Material election in this State, and the
idea has been that the Governor would,
in the meantime issue his writ for an
election to fill the vacancy on general
election day.
The question has been broached. how
ever. whether this course would be COM
pctont. so far as the Governor IS con-
cerned. The Constitution OF the United
States. article 1. section 2, paragraph ..
provides that when vacancies happen in
the representation from any State. the
executive authority thereof shall issue
writs of election TO fill such vacancies
The Code OF Virginia, chapter T. sec
ton 50. prescribes that "writs Of election
10 fiji vacancies In the representation OF
this State in the House OF Representatives
OF the United States shall be issued by
the Governor" and section 1l5. chapter
10. further provides that "Whenever a
sUecial election Is ordered by the Govern
or Speaker of the House or President OF
the Senate . II shall be his duty
to issue a writ OF election, designating the
office to be filled at such election, the time
such election is TO be held, and transmit
the same to the Sheriff OF the county and
The Sergeant of the corporation in which
such election is to be held. TO be by such
sheriff or sergeant published by posting
COPY thereof at each voting place in
his county or corporation, at least ten
davs before such election"
GOVERNORS VIEW OF THE CASE.
Governor Mckinney in referring to this
matter yesterday said he had had no CO N
munication regarding 1t with Col. OFer-
rail. but others had suggested the ques-
tiOn at issue to him, and he had referred
IL to the Attorney-General, who IL now III
Warrenton. lie had a delicacy In eX-
pressing an opinion in the premises Inc
authorities, so far as he had consulted
them. provided that he should issue his
writ when Il vacancy occurred. lie had
no authority over a member of Congress.
and could not refuse his resignation; but
II appeared to him that he could not issue
q writ TO FIJI a vacancy that did not exist
at the time the writ was issued.
The Governo- further said that the ques-
ton was so far a suppositous one, ana or
course he would have TO be guided by
circumstances and the lights before MIN
when the case actually came up.
The Governors view was endorsed by
several lawyers, with whom the Dispatch
rcuresentative conVersed. An ex-member
OF Congress, who IS also lawyer, SAID
that while it was clear that the Governor
had no right TO issue a writ Of election
until a vacancy actually occurred, II ne
chose To do 80, and successor TO Col
OFerrall was elected under it, Congress
alone would have the power 10 determine
the validity of the election.
The plan adopted by the city Demo
cratic Committee for the nomination or
candidates for the Legislature having
given rise to some dissatisfaction, the as
pirants for House honOrs met yesterday
at the suggestion of Chairman Patterson
TO confer on the subject. So far as an
nounced those who will stand for nomina-
ton are Messrs. J. S. HarWood, j. Aston
Cabell. Bev. Il. Crump. Julian Bryant
John Jackson. Thomas Byrne. j. Taylor
Stratton. Richard T. Frayser and Dr.
George Il. Steel Five are 10 be nomin-
atcd.
The meeting was held at Mr.. Patte-
sons office, and Captain Frayser was
made chairman, and Mr. Bryant acted as
secretary.
MIR. Cunningham Hall, who was patron
Of the plan adopted by tho city Commit
tee. was present by invitation, and eH-
plained that his object in Offering the plan
was 10 secure harmony in the party and
the best results at the least possible cost
TO the candidates.
LEAVE IT TO THE COMMITTEE
After some discussion the following Of
fered bv Mr.. Crump was adopted, Captain
Frayser giving the only negative vote;
Resolved That 1t having been suggested
by the Chairman Of the City Committee
dat the candidates for the Legislature
take some method of expressing their
opinjon as to the advisability of the plan
adopted by the committee, We deem II IN
cxpedient to make any suggestions TO the
committee. excpt that we find much dis
satisfaction expressed among the people
at the plan adopted. and we leave the
whole matter of reconsideration OF thal
plan to the committee itself
Resolved further. That II 4 straight pri-
mary should be finally adopted we favor
the earliest possible date consistent WIN
the public convenience.
NIessrs. Iovinstcin and Sands, the can
didates for the Senatorial nominations
were invited to the conference bur neither
was present. Mr. Byrne was the only
candidate for nomination for the House
who was absent. ,.
The plan adopted by the city Commit
tee provides for a primary to elect dele-
gates to nominating convention.
THE PROPOSED JOINT DISCUSSION
subcommittee from the Executive
Committee Of the State Agricnltural anu
Mechanical Society will probably hold
r-eetine to-day 10 discuss the advisaOlilty
Of having a Joint political discussion one
day during the fair. There was 10 h"No
been a meeting Tuesday for TINS PURPOSE
Int there was not a quorum present