The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1894-05-30
THE PEOPLES COLUMN.
Dol. John Il. Penn Correots u Statement as
to Ills Position Before the Board OF Com :
miesiOners,

to HIS Position Before the Board OF Com
missioners.
To THE EDITOR OF TIE TIMES: In
your report OF the proceedings before
the commissioners of election, given in
your paper May 30, 1894. you are in
palpable error as to my position before
the board of commissioners.
You state that: Colonel Penn took
the ground that the commissioners had
no other alternative than to accept the
returns of the ward or throw out the
ward altogether" This was not my
position. 1 must state what the irregu-
larity was in reference to this ward in
order to be understood.
1t appeared from the poll books OF the
Third ward that 9s5 electors had voted,
their names were entered on the poll
books and the figures corresponding
were opposite the names in accordance
with the form given, section 100 of the
Code. This form in the Code gives the
following certificate, immediately after
the list Of the names OF the voters.
at is hereby certified that the number of cleo
9. i. &c Clerks. AI'' A.B.C 3. f.,
j. Is. Judges.
This last certificate which was in.
tended to be filed out in writing with
the number of voters, in this case
amounting to nine hundred and eighty
five, was left blank, though the figures
and names on the poll book showed the
number of electors who did vote to have
been 9S5.
The commissioners Of election had
summoned the judges and clerks to
appear before them to correct the
irregularities or informalities in the re-
turns as provided for in section 134 OF
ha Gndn 40 10 t.,
j. 8. Pattie and j. W. Hartwell ap-
peared before the commissioners and
asked that the judges and clerks from
the Third ward be permitted to correct
the poll bouk by filling in the blank
certificates aforesaid the words mine
hundred and eightyfve." This was
objected to by counsel representing
other parties and considerable discus
sion WAS had over the matter.
One OF the commissioners of the
election said that they would refer the
matter to Judge Woods and let him
decide It. stated to the commissioners
that did not think they could refer
anything to Judge Woods. The law
wasting the returns and to ascertain
the persons who had received the
greatest number of votes and to give
their certificate In accordance there
with. That the omission of the judges
to fill In the blank WAS merely cler-
ical error which 1t WAS their duty to
have corrected.
1t appeared from the returns of the
judges that the com bined vote Of Tillett
and Pitman, candidates for city SER
geant, exceeded the number of names
on the poll book by seven, and L stated
to the commissioners that that fact
ought not to influence them in giving
the returns to the other parties voted
for for the other offices, because the
combined votes Of the other candidates
for the respective offices did not exceed
9S5, the number of names on the poll
book
And l further stated that il there had
been mistake in the count 80 far as
Pitman or Tillett was concerned, the
seven votes might be disregarded alto
gether and it would not affect the result
as to these candidates. And II, on &C.
count OF the Irregularities that have
been specified, they threw out the entire
ward, great injustice would be done to
the other candidates. and 1t would result
In failure to return any person elected
in that ward for justice OF the peace or
for members OF the Council
So l did not take the position that the
commissioners had no other alternative
than to accept the returns of the ward
or throw it out altogether. When the
proposition WAS made by one of the
comm issioners to refer the matter TO
Judge Woods for his opinion 1 stated
that they could not do that, and in that
connection only, said, that they must
accept the returns Of the ward or throw
them out. There was no authority for
them to refer any matter in reference
to 1t to the Hastings court.
Roanoke, May 30, 1894.