The times. [volume] (Richmond, Va.) 1890-1903, 1895-07-05
COMMISSIONERS OF ELECTIONS
ABUSE THEIR POWERS.

The letter which we published yesterday
from Appomattox county regarding the
recent election Of county officers there
brings forward a matter which should re-
ceive the attention OF the Legislature IN
it's approaching session. Under our cleo
ton laws, the judges Of election who pre-
side at and have charge Of the ballot
box, examine into every voters right to
vote Abundant provisions are made for
challenging the applicants right 10 vote,
and IL case Is made that satisfies the
judges tina. the applicant is entitled TO
vote his ballot is received and put into
me box and ne IS recorded on the poll
book as having voted. IT, however, a
case is made which satisfies the judges Of
election that ho has no right 10 vote, his
vote is rejected. These are plain, sim
PIE. and the appropriate methods for test
ing an individuals right to vote, and, II
he passes this ordeal and his vote is ac-
copied and the ballot placed in the box
j. should not be permissible TO raise any
fur1her question in regard TO that vote,
except in contested election when one
side attacks the integrity Of the vote,
after giving the other side due notice
that be intends TO do SO. with a statement
to him Of the grounds upon which he
proposes TO attack il. The judges OF
election are I'm the nature Of judicial OIL
GERS. clothed with the fullest and the most
summary powers for ascertaining the
facts relative TO the right OF any person
20 vote. and when they have determined
that he has the right to vote. and have
received and deposited his ballot and re-
corded him as having voted, this acton
should stand until IL has been reviewed
10y another judicial body proceeding I'M
der the rules of judicature which give TO
each party fun notice and the opportu-
nitv to cross-examine witnesses to de-
,crmine the foundations upon which their
testimony rests.
But in the congressional election o.
$500 thing happened in the Fourth con-
eress.oral district which has all the APP
pearGncc Of a plot and a conspiracy 10
undo the work done by the judges OF
election at the polls. through the action
Of o body that has no judicial functions,
that proceeds in utter disregard Of all
judicial processes. and sits in secret, ana
allows no notice Of It's proposed action 10
lie furnished 10 the person to be injurious
~ affected by its action. and that does
not allow that person TO appear before
IT when Il. acts to show 1t that IL should
no. reverse what has been done by the
judges Of election at the polls
The Law provides that a certain number
OF the judges of election for a county
shall meet together after the election has
been held, and shall add together the
number Of votes that the judges AT each
precinct in The county have certified were
cast at those precincts and that they
shall certify the aggregate of them 10 the
Secretary of the Con monweath, This
body is called by the law the commission
ers of election. In the nature OF the thing
they can have no power to do anything
whatever hut sum up the aggregate OF
the voies cast at each precinct. Thcy
have no sort OF judicial powers, and. in
the nature of their case, they can nave
none. No machinery Is provided whereby
they can notify an opposing party 10
appear and defend his rights. and they
have no power 10 summon witnesses ana
compel their attendance. that they may
inquire into the truth OF the dispued
facts.
But these boards of county commits
sioncrs. in the congressional election or
1890. in the Fourth congressional district,
In all the counties of the district. and at
the same moment. assumed 10 themselves
power to undo the work that the judges
Of election had done at the polls, and
they refused TO count precinct after pre-
cinct (some thirty-odd in alp upon the
most frivolous and contemplate pretexts.
The system. as the law contemplates II.
is perfectly simple and admirably efrec-
tive. but. as this conspiracy. made 1t
work. II Is utterly destructive OF all free
dom and fairness In elections and ON
verts the county board Of commissioners