Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-02-27
HE KEEPS HIS SEAT.
The ParriSh-FIanaGan Case Decided IN
Favor Of the Contested
NO REAL PROOF OF FRAUD.
The Decapitation of Constable va
riss Mt smiths Cross Roads was
Gross Wrong, Hut to Discard the
Votes Would Not Affect Result.

Of PoWhatan, entitled 10 MS seal IA 'i''
Senate. so far as they could judge from
the evidence taken in the contested-elec-
ton case OF Parrish vs. Flanagan
The report. when submitted and read
TO the Senate. was adopted by that body
It reads as follows:
The Committee on Privileges ana Elec'
lions have carefully considered the papers
IN the contested-election case OF +. NJ
Parrish VS.. w. NJ. Flanagan, touching the
election In the Sixteenth Senatorial Dis
trict.
THE GROUNDS OF CONTEST.
The contestant claims the seat now
occupied by W. NJ. Flanagan upon the
following grounds:
/. That the whole vote at the Third
Ward Precinct in the city OF Manchester
was illegal and should be rejected, for
the reasons that five or siX official ballots
were distributed and voters were in
structed thereby how to vote
2. That the whole vote at Rockets
Precinct, in Goochland county, was also
Illegal, because a crowd assembled Oh
election-day between the booth ana uhe
voting place, and several persons peepeu
into the booth while the voter WAS pre-
pairing his ballot.
3. That the whole vote cast at smith
s-Roads Precinct. in Pownatan eoun'
ty, on said day was Illegal, because w. VI
Flanagan, contestee, administered the
oath TO the judges of election, and because
The constable feature was, removed AT the
instance and upon threats and inumida-
ton Of said contestee and his friend j.
Haskins Hobson. and the said }. Haskins
Hobson was promptly appointed CON
stable. and conducted the business as
signed him Illegally and corruptly.
4. That the vote at Goochland Court
house was Illegal, because one OF the
Judges attended a funeral during the
day.
8. That at Ford's Store Precinct, one Of
the clerks OF election traded places win
Wade the constable, and Wade (consta.
be) acted as Judge and WOODWARD
Oudge) acted as constable.
CARELESS. But NOT FRAUD.
In regard to the first alleged irregu-
iarity, it was demonstrated that the put
ting out OF five or six OF the official bal
lots at the Third Ward in Manchester
was an error, and that they were recalled
as soon as discovered. Fraud cannot be
presumed, and while it was a gross piece
of carelessness in the judges To permit
the official ballots TO pass into the hands
of any one except the voter desiring 10
vote. ii was not sufficient in the absence
of fraud, TO throw out the poll.
Touching the second alleged irregu-
larity, there seems no doubt OF the fact
that during a portion of the day a crowd
was permitted to gather with forty feet
of the polling-place at Rocket Precinct,
in Goochland. While this codduct was
violation OF the provisions of the law on
the subject it did not appear in evidence
that the failure to comply with said pro-
visions had hindered any who were en-
titled from exercising the right of suf-
frage. and the vote at said precinct
should not be discarded.
The objecticp raised in the fourth and
fifth grounds of contest are not sufii-
Gent TO have disturbed the result-certan
formalities were not complied with. and
In the absence OF fraud these formalties
should be regarded as directory, and not
affect the actual interests of the election.
ALL SAVORS OF FRAUD.
In regard TO the third ground OF con-
test, the charge is more serious. There
seems to have been no charge what
soever against Constable Fariss. He was
evidently intimidated and asked TO resign,
because of the earnest desire on the part
OF the contestee, w. NJ. Flanagan, and
one J. Haskins Hobson, chairman of the
Populst party i'm the State, TO take
charge of the booth Mr.. Fariss was de.
capitated and Mr.. Hobson installed. The
result Of the election at this precinct
gave the contestee lS2 majority. Every
irregularity charged in connection with
the conduct of this election at Smiths
CROSSROADS Precinct, I'm Powhatan coun-
ty, savors of fraud; but the committee
has no definite proof thereof The law re-
quires the constable to be appointed by
the Electoral Board. The power OF re.
moval is with that board that appoints,
or with the judges OF election for cause
on election-day. And no charge being
made against the constable (Fariss), there
seemed no reason whatever TO remove
him, except for the purpose Of placing
Mr. j. Haskins Hobson i'm charge. But
40 To how far his conduct affected tho
result. the committee had no proof.
Judge Cooley says: where a party con-
tests an election on the ground of these
and similar irregularities geferring 10
matters of form, etc), he ought to aver
and be able to show that the result wac
affected by them" and while these ir-
regularities seem 10 have been occasioned
by the party seeking to derive a benefit
from them, and the entire proceedings al
this precinct touching the removal OF the
constable NarisS) and the appointment OF
j. Haskns Hobson was without authority
OF law. the principle is settled, however
that "if the votes OF the citizens are
freely and fairly deposited fat the time
and place designated by law. the calcula-
ton and design Of the election are ac-
compl.shed. 1t is the will OF the electors
thus expressed that gives the right to the
office, and the failure OF the officers &c
perform a mere ministerial duty in rela.
ton TO the election cannot invalidate II,
IL the electors had actual notice, and
there was no fraud, mistake, or sur
prise"
NOT AFFECT THE RESULT.
II the vote al Smiths Cross Roads was
rejected. the general result would not be
affected, and, however reprehenslble the
removal OF Fariss and the appointment
or Hobson may be, in the absence Of proof
OF fraud the committee does not think
that the voters at that precinct should be
deprived Of their rights because Of the
conduct Of the parties referred to.
The committee, therefore. recommends
the adoption OF the following resolutions:
!. Resolved, That T. NJ. Parish was not
elected and Is not entitled to a seat
in the Senate from the Sixteenth Sena.
torial District.
2. Resolved, That w. NJ. Flanagan was
elected and is entitled 10 q seat in the
Senate from the Sixteenth Senatorial Dis.
triet.
WILLIAM A. LITTLE, JR.
Fl. J.. MAYNARD.
+. TURNBULL,
X. T. BOYKIN,
II. s. KANE,
GEORGE W. JACKSON,