The times. [volume] (Richmond, Va.) 1890-1903, 1895-07-12

| the law so plain upon this point that no
commissioner OF election will ever refuse
to include any precinct in the count
again. We can make no apology TO any
! one for this argument. on the con-
trary. we repeat Il as earnestly as we
| can. and as the subject is one OF vast
| importance. we shah now go over the
main points Of the case again.
The scandalous procedure in the Fourth
| congressional district in the congress
| slonal election Of November. 1892. when
/ the commissioners Of election threw out
more than thirty precincts that gave
majority for the Popuist candidate
/ Goode. on the most frivolous and con-
temptible pretexts. drew pointed atien-
ton to the fragrant abuse that any such
power in commissioners of election was
liable TO-. and filed all intelligent men
who understood the facts OF the case
with alarm. We shall. therefore, re-
state the principles involved:
The judges of elcction-the officers who
preside over the bsllot-box while the vote
is being cast. to refuse or accept votes, as
they may think lawful-havc the fullest
and most summary powers conferred
upon them for determining whether any
person applying to vote IS entitled to
vote. rno law makes the fullest pro-
visions for the challenge of any pro-
posed voter. and II empowers the judges
Of election to make all necessary invesu-
cations 10 determine whether the appli-
( cant is really a voter. When they have
determined that he is. and have accept
ed his vote. that case has been judicial
IS determined, the rights Of parties have
vested under the decision. and the de-
cision must be accepted and respected
with obedience by all men until 1t is re-
vorscd and annulled by some other APP
propriate judicial procedure. That is an
elementary principle that lies at the
foundation Of all order and Of all sacred
ness and respect for private rights.
Now, when the judges Of election have
made their decision that any applicant
| IS a voter, and when they have received
his vote. not only the voter, but the
Terson voted for, has acquired the right
to have the benefit OF that vote in the
general summary, and II is a right Of
which neither can be justly deprived until
the party in hostile interest has notified
the candidate that at certain time and
place he viii move the proper tribunal to
strike that voter from the count giving
him notice Of the grounds upon which he
will claim that the voter had no right TO
vote. This gives the person who has
acquired a right by the decision of the
! Judges Of election an opportunity TO de-
fcnd his right. which is the great purpose
OF. and marks the distinction between,
judicial proceedings. and the ex parte
proceedings Of n mob.
But the commissioners Of election are
not clothed by the law with any judicial
powers whatever. They have no power
TO summon witnesses. bring the parties
before them. and hear and determine the
contested case. If they undertake to
revise and annul what the judges of cleo
| ton have done. they sit in secret TO do
it. the party to be injuriously affected
by their action has no notice that they
are going to pass on his rights, they
hear none Of the witnesses whom he
would call to prove his case. and they
measure up fully and completely to the
ancient idea Of star-chamber procedure.
il would be a monstrous perversion and
denial Of every principle Of justice if
our laws had conferred any such power
upon the commissioners Of election. and
they have not done it. The law provides
that as soon as an election has been
held. a certain number of the judges
Of election shall meet at the courthouse,
10 be called by the commissioners of-elec-
ton. who are required to add up the
votes certified from each precinct by the
Judges of election, and TO declare the
result. They are given full powers to
send for the judges of election ana re-
ouire them to make any correction in
their returns that may be necessary TO
making them conform TO the law but the
commissioners are given no sort of au-
thority TO go behind those returns and
look into anything upon which they were
founded. Their whole duty consists in
adding up the returns from all the pre-
I cincts. and declaring what that addition
shows The nature OF the case requi.
/ that this shall be all tnat they can do,
and we most earnestly hope that the
coming Legislature will plainly declare
that this is all they shall do.
In the AppomattoN case. the commits
sionors Of election should have onumer-
ated the Spout Spring precinct as 1t was
certified to them by the judges of cleo
ton. declaring the result of the election
according to that enumeration. If any
candidate considered himself asgrieved,
he should have given notice to his
opponent under the law that he would
contest the election. The opponent
would then have had a fun opportunity
to sustain his side Of the case. and the
tribunal trying the contest would have
done justice between the parties. 1t is TO
be supposed.
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J FREE-sIiVER I>FLtENCE on SEN
ATORIAL ELECTIONS.