The times. [volume] (Richmond, Va.) 1890-1903, 1895-12-19
THEHUDsON-k CONTEST.
The Grounds on which the Former Makes
His Contest Action Postponed.

The Committee on Privileges and Elec-
tons met yesterday afternoon at $50
o'clock In room No. -, on the PIPER moor
OF the Capitol binding. Tor the purpose
OF COnsi tering the HudsOn-k sesec cleo
ton contest from Haliiax county All
the members OF the committee were Oh
band. and Mr. Harrison. IF Lynchburg'
VAS IN the chair Besides quite NUMBER
OF other members or the House ana OF the
Senate could be seen among the specta-
tor.
Mr. Wood Bouldin. of Halifax, who
represented Dir. II. 4. Hudson, the con-
testant. stated that the contest was based
on three grounds.
First AT the precinct of Locust Levei,
whsIe Mr.. keesec received majority OF
ll3 votes. the election was held In a
room lSNgi feet, where the booth, the
constable. the election officers, and the
public were mixed all day. and the sue
ccssful candidate spent about hall a Gay
in that room. All this was done In vio-
latiOn OF section 40 Of the election law,
and inasmuch "a the spirit of the law had
been violated, the precinct should De
thrown out.
Second. At Red Bank Mr. Keesee re-
ceiyod a majority Of IL votes, ana mere
the judges and clerks were not sworn
They met together. and when they were
asked to be sworn they declined 10 90
so. claiming that the oath which they
made al the spring election sun he'd
Third. At News Ferry Mr.. Keesee re-
ceived a majority OF - votes, and there
only two Judges were present most OF
the lime, who conducted the election
The contestant claimed that the two
Judges could not hold the election under
the provisions OF the Code OF virginia,
and that no precinct should be counted
where a Judge had been absent.
In the entire county l.i2 votes hnd
been cast Tor keesee. and l.39s for Hud-
son. and n the News Ferry precinct was
thrown out Captain Hudson would nave
a majority OF ~ votes.
Mr.. Edgar Allan, who; witn senator :,1,
Flanagan. appeared for Mr.. Keesee. took
the ground that the committee should
not consider any grounds OF the contest
which had not been stated in the original
petition. and IN relation TO when no
motto. had been served on the contested.
There was not one word about the iltst
allegation contained in the petition MI
Allan also contended that the coln.nl''eo
could only regard ~ evidence d'po7lt"ua
taken in strict conformity with the ~ -
before a notary pubhc or Jusudye OF me
peace In this case the deDosltons haH
been taken before COMMISSIONER III
chancery He would not raise TINS point,
which was a rather technical one. II ne
felt satisfied that these dispositions mad
been taken by the consent OF ooth par
ties. , -
value. dispositions SHOULD be made under
oath. which, II falsely taken, would rem
der the respective party liable 10 criminal
prosecution. No guarantee OF 'ruthiul
statement could be obtained otherwise
These depositions had not been sworn 70
In any other way. as II private mai
vidual had been called Ia 10 administer
the oath. The other side would claim
that the dispositions had been iakeh ~
consent OF the Interested parties. Ills
client. however, said that he mad not
given his consent He had In his posses .
sion a letter from his clients counsel
stating that he had discovered that the
- La h..f a
missioner In chancery, whose commission
as notary had expired prior 10 that time.
Mr.. Allan stated he had elaborated on
this subject because the other two ALE
cations of the contestant seemed 10 MN
ia SAVIOR OF the same technicalitles.
Senator Flanagan thought the law ques-
ton involved was serious one "a 10
whether the officer who took the deposl-
tons was the proper person. while
consent 10 read the depOsit!ons nae been
given, vet the right az TO the Legality 81
the manner OF taking the dispositions nad
not been waived. ,,.,-
and Mr. keesee had agreed that these
depositions be read before they knew VINO
would be the contestant they agreed 10
have the dispositions read az the evidence
in the case He did not think that the
question OF jurisdiction had been raised.
for the Court OF Appeals had held thot
the powers OF the Board OF Eiecuoii t2n-
missl0ners were merely ministerial Inc
question as TO the validity or the Csc
rad never been determined BY this TIT
bunal
Mr.. Allan claimed that no consent he'd
been given that these dispositions De read
al any stage OF this case.
ON motion OF Mr.. Parker. OF Southamp-
ton. the committee decided TO receive the
denositions and have them read as evil
dence Of the case.
The deDositions were then read. and
those referring to the Locust Level pre-
cinct were thrown out, inasmuch as no
notice had been served IN regard TO them
'rhe ccn--ittco rrally adjourned until
this morning at 10 o'clock, when the
matter will be finally disposed OF.
Miss Mamie o. Gardener. of Wilson. N.