The times. [volume] (Richmond, Va.) 1890-1903, 1896-10-29

cfimc may have been cpmmltted for which
some one will have DO answer to a jury"
Mr.. ROYAL then. read the following
passage from S7th Virginia, in the case
OF Clay vs.. Ballards proving ccnclusively
the right ~ any citizen TO inspect the
registration books:
These books are undoubtedly Of
public nature. and, therefore. upon gem
eraI principles, Independently OF any
statute on the subject any person having
an interest IN them would have right
to inspect them. But the Legislature. out
of abundant caution and with an unms-
taxable object in view. has seen fit to
enact expressly that they shall at all
times be open to public inspection. Code.
section s."
Judge Wexford said that the demurrer
Of the defense admitted that n demand TO
inspect the books had been made and re-
fused lie held that every citizen had
right 10 see the books and. therefore.
overruled the demurrer. lie also took oc-
casion TO say that having announced his
opinion in the matter he hoped there
would be no dilatory tactics on the part
of counsel for the defence.
The remarks Of Judge Wexford were
brief. but showed clearly that he had
determined to go into the case upon its
merits with the least possible delay.
ANSWER OF THE DEFENCE.
Counsel for the defence then requested
permission 10 prepare an answer to the
petition presented by Messrs. Royal
and Guigon, and at the expiration OF half
an hour they brought IN a short type
written document in which they denied
the allegations contained In the petition.
The answer went on to allege that J.
{. Small had made a demand 10 be al
lowed 10 copy the observation-disclosures at
ShumalSer's precinct; that the registrar
had refused his demand because Mr..
Small was not a resident OF the county.
and had no right 10 inspect the books.
The answer also declared that the de-
mand was made after nightfau. IL fur
th"r alleged that no persons had been
unlawfully stricken from the books. and
that the law had been complied with.
Judge Wexford, after reading the an
swcr, said that the real object OF the
petition was for the petitioners TO be
allowed 10 inspect the books. 1t had
been admitted that a demand TO see
them had been refused: that other cir
cumstances in connection with the case,
as set forth in the answer, were imma-
terial lie deemed it best to continue
the case until this morning at 10 o'clock.
when the registrar might be present in
court with his books.
There was some little discussion among
counsel over this decision, the lawyers
for the defence seeming somewhat re-
luctant but Offering no decided objec-
tion.
II am perfectly willing for the case TO
e over TO the time named" said Mr..
Royal, "but l wish II 10 be with the
distinct understanding that the registrar
shall have his books in court"
Judge Wexford thercupon determined
20 postpone the case. and turning 10
Registrar Pcttus instructed him TO bo on
hand with his books at the city Circuit
Court. In the City Hall. at the hour
named. this place having been decided
upon by all as the most convenient for
an parties.
This decision temporarily disposed Of
that portion Of the case. but I'm the same
connection Mcssrs. Royall and Guicon
had petitions from four parties. PRAYING
for mandamuses 10 compel Pet
tus 10 restore their names to
the registration books at Shu-
makers precinct. The parties who make
these applications are William J. Rob
inson. Addison Lewis. Allen Anthony. and
Lewis Dabney.
JUDGE WELLFORDS JURISDICTION.
Judge Wexford stated that before
adiourning court be wished to examine
the applications. I'm order that he might
determine whether he had any iurisdic-
ton in the matter. or whether the Conn
~ Court was the proper tribunal. Mr..
ROYAL presented the petition OF VIII
liam J. Robinson. the action upon which.
he said. would settle all tho rest, since
all were similar I'm nature.
Judge Wexford said that the question
for his consideration was whether Regis
trar Pcttus had proceeded I'm such
manner in pureing the books as 90 give
him jurisdiction.
AIR Royal promptly said that the bur
den Of proof was upon him and his wit
nesses. and that he would undertake 10
prove that the registrar had purged the
books by unlawful methods. and was.
therefore in tho jurisdiction OF the
Circuit Court.
Counsel for the defence were supplied
with the names of those who have an
piled for their names 10 be restored 70
the books I'm order that they may be
ready with their answers this morning.
and Mr.. Royal notified his witnesses 10
be on hand promptly. IN case trial
OF the case should be gone into. Judge
Wexford having said that If he found
jury necessary he would summon one
as soon as possible.
Judge Wexford has plainly shown by
his action in this case that he regards
speed OF paramount Importance. No
dilatory tactics will be permitted and
the matter will doubtless be disposed OF