The times. [volume] (Richmond, Va.) 1890-1903, 1894-02-14
SOME MORE RETURNING BOARD"
ACTION

ACTION
We gave yesterday the facts Of the
Walters store precinct, which the re-
turning board of Brunswick county re-
Jected in the election between Populist
Goode and Democrat .Epps in November,
1872. We give this morning the facts in
the case OF the Rock Store precinct, in
the same county, which gave Goode 100
votes and Epps "a votes. and which was
likewise rejected by the returning board
of the same county. We quote from the
deposition Of Warner Lewis page 90 OF
the record, who was one Of the three
commissioners Of election for the county,
who canvassed and certified the votes
He testified as follows:
LAS TO Rock Store, the clerk handed
TO w. X. Harris. one of the commission
ers, a roll similar TO that in which we
had found all other poll-books. Around
this roll there was loosely coiled and tied
a cotton string; beneath this piece of
ordinary brown paper was wrapped and
under that there was coiled and wrapped
what turned out to be whole newspaper
tucked in at the ends. All these enclo-
sures being uncoiled we found the poll
books from Rock Store precinct. Lying
in their coils. which was half open. were
a number OF ballots, or what believe to
be ballots, with no separate covering
whatever, but strung on a small cotton
thread. / saw no seal or sign of seal
although Mr.. Harris held the paper for
the inspection OF myself, Mr.. Ross. and
oti.ars. We agreed that this poll-book
had come 10 us In such shape that we
had no right TO count the vote and taxi
Ing 1t as we had found it. as far as pos
Side we rolled 1t up. placed around it
All another cover. and sealed it. then
endorsed upon the outer wrapper the
facts as We had found them, and left
them in charge OF the clerk"
These commissioners of election made
and signed certificate (record. page
4). in which they certify amongst other
things,
And the said commissioners of election
proceeding TO discharge their duties as
such, and finding that the poll books were
returned from Rock Store voting place
without being sealed, and that the bal
lots were also returned from that pre-
cinct without being sealed, as the law
requires, the said commissioners decln-
ed TO count the votes at said precinct"
NOW, more frivolous and paltry ex-
cuse for refusal 10 perform a plain duty
was never put forward. SO far as the
ballots arc concerned, these commission
ers had no more to do with them than
they had to do with the pyramid of
Cheops. The law commands the judges OF
elections, when an election is over, TO seal
up the ballots. and deliver them to the
clerk OF the county court. who shall
Keep them under seal for twelve months,
and allow no one to inspect them unless
the seal is broken by an order of court.
that they may be used as evidence. The |
ballots are, therefore. in the eyes Of the |
law, dead agencies as soon as the election |
is over, and might just as well be cast
into the sea as not. II was nothing. there
fore, TO any one that the ballots were not |
sealed up, but certainly nothing to these |
commissioners. And so far as the failure |
of the judges to seal up the poll-books is |
the law expressly provides for |
the case. Section isi of the Code pro-
vidcs:
III IT shall appear to any board OF |
election commissioners, in determining |
The persons who have received the great |
est number of votes for the several offices |
voted tor in such election. that irregu-
ariticS or informalities occur in the re-
urns OF the judges or clerks OF election, |
Which can be cured by amending or cor
'ecting the same. IL shall be the duty of
'aid board OF commissioners Immediately |
o summon the said judges and clerks or
'uch OF them as may be requisite, TO APP
)ear before the said board. on some day
lot exceeding five days from the date OF
he summons, for the purpose of amend
ng such returns SO that the same may
conform to law
III, therefore, this returning board
hought II important that the ballots
houid be sealed up and the pol-books
called, IL had the law before It plainly
commanding it to- summon the election
Ulcers before 1t. that they might do both.
Ind this board knew its duties under the
aw. The same certificate signed by II.
rom which We have already quoted.
record. page 4D. states further:
And II also appearing that the judges
nd clerks OF election at Sunny Side
oting-place. failed TO sign the certificate
I election from said yoting-place. II Is
rdered that the said judges and clerks
e summoned 10 appear before this board
u saturday morning at 10 o'clock, to
mend the returns IN the manner provid-
& for by law
Is the ability Of this returning board
} understand Its duties under the statute
aoted in respect to Sunny side precinct
be found N the fact that Epps re-