Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-09-25
BUcHANAN'S ELECTION CASE.
The Courts Reasons for Anpulllng the
Election.
CFincastle IIcrald)


The buchanan contcsted-election case
which was tried before the County Court
at the September term, and which con-
sumed four days, created widespread in
terest, owing 10 the Importance OF the
questions involved. \ large number Of
witnesses were examined on both sides.
The case was closed on Tuesday, and on
Wednesday the Judge submitted his de-
cision, which was that the election in
question was not held in conformity TO
the Walton law.
The contest WAS over the election or
Mayor and six councilmen in the town Of
Buchanan on the 7th Of August last, under
the Walton law. and was brought before
the Court by some OF the citizens OF that
place.
Able counsel was employed on both
sides-Nessrs Fiegat, Haden, and Latane
appearing for the contestants, and Mr..
+. T. Glasgow, OF Lexington, for the
contestees. The case was ably argued
and every inch Of ground strongly con-
tested.
The questions raised In the case and
decided By the Court We're:
1. That'J. r. Station was judge and
the clerk at the election. and also cam
dldate. The Court decided that these
were irregularities but were not OF them-
selves. sufficient 20 set aside the election
, That the charter OF Buchanan requires
all voters 10 reside six months IN the
town before voting. Tine Court decided
that n residence of three months was all
that was required.
8 That the election officers required
voters 10 be registered twice-once on
the town books and once on the county
books. The Court decided II was oniy
necessary TO be registered on the county
books. and list Of town voters should
be taken from these books.
That =. Il. Houston. the special con-
stable appointed by the County Electoral
BOARD. was removed by the judges with
out cause, and in pursuance or pre-
arrangement not to conform TO the Wal
ton law IN conducting the election, but
TO violate IL, and the Court held that this
was cause. along with The other errors
to invalidate the election.
;. That Harry Fulwiler, the special
constable appointed by the judges OF cleo
ton. went into the booth with voters
who were physically and educationail4
able 10 arranZe their own ballots ana
that he made up the ballots OF such
voters. and that this was Illegal.
6. That the voters delivered 10 Harry
Fulwiler pieces Of paper on which were
written the names Of persons they wished
To vote for. sometimes after the oIhclal
ballot had been received, and sometimes
before. and that the Official ballot was
arranged by Harry Fulw!ler in accord
ance with these strips. The Court de-
cided that these strips were really pal
lots. and that il was Illegal 20 take them
into the booth. and that when the Official
ballot was arranged by these slips by
Harry Fulwiler. he was really arranging
the voters ballot, not by the voters d.
rectlon. but by directions given 10 the
voter by some person outside OF the booth,
and that this was cause for annulling the
election.
7. The Court held that the evidence In
this case showed that there was deter
mination on the part Of the election Ofii-
GERS not to conduct this election according
20 the Walton law; that this determine
ton had been formed by the election Of
ficers before the day Of the election, and
that these officers did not conduct the
election according to the Waltoh law.
but in violation OF II, and that this was
cause for annulling the election under
the circumstances Of the case.
The court adjourned until Saturday
next. when It Will be determined whether
and when an election will be ordered.