Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-11-26
NEW RETURN COMING.
Figures from News Ferry 10 Be Included
in The Halifax Vote.
MIR. ALLEN nnroRE THE BOARD.
lie Has the Nnttcr Held over tnui
To-Day 10 Await the Revised Ger
tincatc Ordered by the supreme
Court-Fcw Other irregularities.

The state Board C- tdNNdSScis' VOh-
sisting OF the Governor, Secretary OF the
Commonwealth, Auditor OF Public Ac-
counts. Treasurer, and Attorney-General,
met In the Office Of Secretary Lawless
yesterday, as required by law. 10 pass
uron the returns from the election held
on the 9Th Of November for members of
the General Assembly. All Of the mem
beis were present. except Attorney-Gene-
raj Scott
Before the board began the canvass
OF. the returns Mr.. Edgar Allan appeared
before the body as counsel for 5. i. kee-
see of Halifax county, who claims u De
entitled to the seat in the House for
which the County Board Of Commission
ers awarded a certificate 10 ii. {. Hud-
son. Mr. Allan said he appeared before
the board to present question which
he thought arose outside OF the records
before that body. In regard TO the elec-
ton In Halifax county. the returns in
dictated on their face majority OF
twenty-five votes cast for the Democratic
candidate, Immediately after the cleo
tion the commissioners of Halifax de-
clded to throw out the News Ferry Pre-
Cinct, and while the board was still in
session papers were prepared for a man.
damus proceeding and served on that
body for the purpose of having the vote
OF that precinct counted. The returns
from that precinct showed that only two
judges of election were present while the
votes were being cast, and for that reason
the precinct had been thrown out, not
"A h.. sf-f.. IFglA
in section ). page 81. subdivision 3, which
reads: Words purporting to give au-
thoriiy TO three or more public officers
or other persons, shall be construed as
giving such authority TO a majority Of
such officers or other persons. unless 1t
shall be otherwise expressly declared In
the law giving the authority"
When the application for a writ of man.
damus was presented 10 the Supreme
Court Of Appeals, that tribunal took
time to consider the matter. and On last
Thursday issued a peremptory man.
damus, "A copy of which was submitted
10 the board by MIR. Allan. The man.
damus. in which II. r. Melvin, j. NJ. Car
rington. Gray Craddock, and Thomas
Medley are@klefendants, is to compel the
defendants to ascertain from the returns
from all the precincts Of the county of
Halifax, including the returns from the
News Ferry election-precinct, the result
of the election held in said county on the
9th day of November, 1895. for the House
of Delegates of Virginia, and to notify
She results so ascertained. and make an
abstract thereof"
HAD 1T BY FOUR VOTES.
Mr.. Allan also submitted certified
copy of the returns from the News Ferry
election-precinct, which states that 20
votes were cast at that precinct for
Hudson and 10 for Keesee. If these votes
Were added to those from the other pre-
olncis. fhen Keesee would have been
lected by 1 votes.
Governor O Ferrall, the president Of the
board. desired to know from Mr.. Allan
how he reconciled the provision of the
stature just read by him with the pro-
vision of the election-law, which says:
Should any judge of election fail to at
tend at any place of voting for one hour
after the time prescribed by law for open
ing the polls at such election, IL shall
be lawful for the judge or judges in at
tendance to select from among the by
ISLANDERS one or more persons. possessing
the qualifications of judges of election,
who shall act as judge or judges of
such election, and who shall have all
the powers and authority OF judges APP
pointed by said electoral board; provided,
that If the judge or judges pres
ent have information that the absent
judge or judges will not attend, he or
they need not wait for the expiration of
an hour, or any other time. Should all
the judges appointed for any place of vot-
ing fail 10 attend at the place Of vot-
ing for one hour after the time prescribed
by law for opening the polls at such
election. IL shall be the duty of any jus
tice of the district in which the election
is held, who shall be applied TO for that
purpose. or the Mayor, If the election is
in any election district in a town or city.
TO appoint three judges of election for
each election-district, who shah possess
the same qualifications and have the same
powers as judges appointed by an electo-
raj board"
THE STATUTE DIRECTORY.
Mr.. Allen stated in reply that the Su-
preme Court of Appeals had not handed
down a written opinion in the matter.
but Judge Cardweli, who rendered the de-
clsion, stated that the provision of the
statute was directory. Mr.. Allan added
that, II all the regularly-apponted judges
OF elections should fail 10 appear. there
could be no election. because there would
be no legal ballots on hand. He explained
that he simply desired 10 present 10 the
board that the returns submitted from
Halifax county were not such as were
required by law, and that the board of
ection-commissioners from that county
had judicially erred in requiring the pres
ence of all three judges of election, as
tho Supreme Court of Appeals had de- |
cided. and that the action of the two
judges present was legal. There had not |
been any charge of fraud made, and |
when the application for mandamus
was argued in the Supreme Court OF |
Appeals. the commissioners of election /
were represented by counsel, who raised |
the constitutional question that all cleo |
should be decided in their |
respective houses.
Governor O'Ferrall thought there was |
no official record before the board as 10 |
tho views represented by Mr.. Allan. The
latter thought the papers submitted by |
him furnished sufficient proof to justify |
a stay In The proceedings. as far as Hail.
fax county was concerned, until the pro-
per steps could be taken as directed by
the Supreme Court. He said he had re-
ceived a communication that morning
from Halifax county, stating that process
had been served on the election-commis-
sioners, and that they would convene
that day to carry out the order of the
court. He therefore, asked the board
10 lay over the consideration Of the vote
Of Halifax county until the election-com-
missioners could send on a corrected re-
turn.
The board went into private consulta-
ton over the matter. and, after consider
able discussion. decided to 80 on with the
In the regular alphabetical man
ner, and lay tho return OF Halifax county
over until to-day.
BUT FEW IRREGULARITIES.
The vote was then counted. beginning
Tor The Senate from the even districts.
The canVassing went Oh smoothly, and
only a Few clerical errors were discovered
IN the hihng-out OF the returns. The GER
tlficate from FLOYD county was dated !