Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1896-11-28
MEETING OF STATE BOARD OF CAN.
WASHERS.
Irregularities in Returns-Flood De.
clared Elected-YOte Of Jones In
AccOmac Not Counted.

| WenU over IIle TeGITuS lIOLu buo lC-
cent congressional election in Vir-
ginia.
A greater part of Monday was de-
voted to the consideration of petit
ton filed with the board by Edgar
Allan and Colonel James d. Brady,
as counsel for Mr.. Jacob Yost. repub-
lican candidate for Congress in the
Tenth district, praying that the
1912 votes cast in Buckingham
county for Jacob Yost," according
to the original returns certified to
the board by the clerk of the county
court, should be put down as for -"
Yost, as the name appeared upon the
official ballot. A statement. in the
nature of an amended certificate, was
sent in by Clerk Forbes, of the county
court of Buckingham, setting forth
that these returns were in error, as
the entire vote of the county was for
J. Yost, save that at Glenmore pre-
cinct, where ninety-nine ballots were
cast for Jake" Yost. This state
ment was corroborated by another.
signed by the five commissioners OF
election of the county.
The Canvassing Board considered
all these facts, but decided, after
careful deliberation, that the vote OF
that county would have to be en-,
tered in accordance with the original
returns, which meant that Hon. II.
D. Flood, the democratic candidate
for Congress in the Tenth district,
would receive the certificate OF cleo
ton. Immediately upon the taking
of this action Mr.. Yost and his
counsel served notice that applica-
ton would be made to the Supreme
Court of Appeals for mandamus
compelling the board to count the
votes in question for j. Yost.
GOING OVER THK RETURNS.
The Board of Canvassers met
promptly at noon, and was in session
until after 5 O'Clock. There were
present Governor O'Ferrall CHAIR
mani. Secretary -of,- the Common
wealth Joseph T. Lawless, Auditor
Morton Marye, and'Treasurer A: w;
Hartman, Jr. Attorney General Scott
was detained by sickness. A number
of leading republicans were on hand
early Among sthem were Colonel
James d. Brady, Mr.. Jacob 1ost'
Mr.. Edgar Allan, Mr.. Morgan Treat,
DR.. Richard A. Wise, defeated can,
didate for Congress in the Second
district, and Messrs. Edgar Allan,
Jr., Joseph Brady, and Lee Bland.
OF the prominent democrats who
were in attendance at one time or
another during the session were
Hons. w. A. Young, congressman
elect in the Second district; Sidney
P. Epes, of the Fourth district, and
Claude A. Swanson, of the Fifth
district: Francis r. Lassiter, OF
Petersburg, who was looking after
the interests of Mr.. Epes, and others.
Mr.. Flood was in the city, but as he
did not care to raise the ques-
ton about the Buckingham vote
upon q technicality he did not go TO
the Capitol at all during the day.
AS soon as the board had assembled
the body agreed to take up the
returns from the congressional dls-
tricts, calling the Tenth district hrst.
Mr.. Edgar Allan asked the privilege
of appearing before the board, and
presented the petition of Mr.. 1ost'
asking that the entire vote cast Tor
81" Yost and Jake" Yost, in Buck
ingham county, be placed in the
column as cast for ~" Yost, setting
forth that although the original
returns, which were certified by T.
/ A. Forbes, clerk of the county court
of buckingham, showed that" jacob,
Yost received 1922 votes, the real
facts were that this was an error,
and that the returns should have
given ~ Yost 1,173, and Jake
Yost 90. Mr.. Allan submitted the
statements of the county clerk (Which
had been obtained by Mr.. 1ost
certifying to these facts, and of the
Election Commissioners of the county
corroborating Clerk Forbes's state
ment.
| In the statement of Clerk of Forbes
he said: II prepared the abstract OF
votes for members of Congress in
Buckingham county, which was for
warded to the Secretary of the Com
monwealth, in which no votes are
recorded as cast for j. 1ost, but l,27S
are recorded for Jacob Yost. hereby
certify that said designation OF jacob
Yost, instead of ]. Yost, was an error,
and not in accordance with the facts
appearing upon the poll-books from
the precincts of the county"
This communication also contained
what purports to be real abstract
of the votes cast in Buckingham
county. Appended to this was the
statement signed by the five com
missioners of election-Messrs. S. +.
Twyman, G. L. Davis, n. b. Dowdy,
| Robert B. Agee, and Luther F. Light
foot.
THE QUESTION ARGUED.
Brief remarks were made by
Messrs. Allan and Yost, in behalf of
the petition, who argued that it was
perfectly plain that the votes cast for
J. Yost and Jake" Yost in Bucking-
ham were intended for the republican
candidate. The action of the board
two years ago, when the same thing
occurred in Mr.. Yost's vote in Flu
wanna county, and when the board
constituted, as it is now, counted the
vote for Yost, was incidentally re-
ferred to.
After hearing the argument the
board went into secret session, and
fully considered the matter. By a
vote of to it was decided to reject
the petition, and enter the votes, as
shown by the original returns. 1t is
understood that Governor O'Ferrall
dissented on the ground that the
petition should be admitted as
evidence to show how the certificate
should really have been made out.
THE LAW IN THE CASE.
The law relied upon by the board
to govern their action in this matter
was 64th Maine, SOB; 10th Massa-
chussetts, 2S2; American and English
Encyclopedia of Law, Volume G.,