The times. [volume] (Richmond, Va.) 1890-1903, 1895-12-13
THE hOINER-sIu.RS CONTEST.
IL Goes over to Enable Counsel "a Consider
the Question of Taking Dispositions.

the Question of Taking Dispositions.
The Committee on Privileges and Elec-
lions met yesterday afternoon at $3.50
O'Clock IN room No on the upper floor
Of the Capitol building for the purpose or
hearing me evidence IN the election con-
test OF George ". koiner against Craw-
ford :. Simms. OF Augusta county. All
the members OF the committee were pres
en, and Mr. Harrison, OF LynchDUrg was
In the chair
The chair stated that the record IN the
election contest Of Davis against Harri-
son. OF POWhatan county. was part OF the
record OF a similar contest IN The Senate
and that the record had been ordered TO
he printed by that body AT the sugges-
tiOn Of Mr. McRac 10 was decided that the
record be- printed.
The koiner-Simms case was then called
up. Senator Flood. who appeared for Mr.
kolner. asked 10 postpone the considera-
ton OF the case that the necessary depO-
sitons might be taken TO strengthen the
petition IN order that recount might be
secured.
Mr.. simms did not think il would be
exactly iair TO him II anything Of that
sort was sprung on him at this time
Senator Flanagan. who appeared as cOun-
sci for MI. Si.nms. stated the action taken
in the County Court where Mr. kOiner
applied for recount. which VAS granted
ult an appeal 10 the Circuit Court was
taken by Mr.. Slmms. ane Judge Nc
Laughlin reversed the decision OF The
lower court. thereby deciding tho matter
in favor OF the cOntestee.
Mr. Parker. Of Southampton. stated thaf
he was not yet satisfied IN his mind as
10 the right Of the CONTESTANT 10 take depO-
lions az this Tine and that he did not
yet know whether te ~oGld vote 10 have
those dispositions read before the COM
miftee. hut h. was willing 70 acree 10 4.
pOstDOnement Of the matter 80 that tho
contestant might gather The necessary in
formation as 10 his right 10 take deposit
tons.
Mr. McRae. OF Petersburg. thought IL
would be in the interest OF both parties
20 have the committee first determine as
10 whether dispositions should be admit
ted as evidence
Senator Flood thought there We're susfi-
cient authorities TO show that where
there was a contest ard errors had been
committed. q recount should De allowed
The evidence which they proposed TO fur
nisn was simply 10 show that errors had
been committed but he was not prepared
10 argue the question at that time.
Mr. McRae stated that the statute pro-
yided that the dispositions be taken within
q specified time. but that the committee
had "A perfect right 10 decide whether any
evidence taken az the expiration OF that
neriod should be admitted. Such cases
had reDeatedly happened In congressional
election contests.
senator Flanagan called attention 20 a
question Of law which hr thOIght world
have 10 be considered. In his opinion the
Everything that had been stated was true.
the contestant had no case. The right to
inspect the ballot box had been decided
by the court OF last resort. Judge Nc
the lower court. the ballot box could ret
be opened without the order If the Iro-
per court or officer. and the lis lIn9 Of
such an order was beyond the power Of