Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-11-29
N FAVOR OF Y0ST.
o,rERu.IL FILES AN INDI-
,,nrAL ANSWER TO PETITION.
,porLD RECEIVE AMENDED RETURN.
80. t.xccIIency cites Many AuthOri-
An Elaborate Reply to He
rrcsentcd To-Norrow-Mr Wallace
<.-. The Contrasting Board.

.
s. --.,,tcd To-Norrow-Mr Wallace
-.~e The Contrasting Board.
-...~ror O'Ferral yesterday afternoon.
..l in the Supreme Court Of Ap-
4 ,. o. Virginia his answer. as ex-
d '.., member OF the Board Of State
.....sers of Elections. in the Flood
4 ,. contest Ii is a lengthy document
...... forth % great many facts in the
8 ..,r,rsv. which have already been
-..l in the Dispatch. hut the main
4 ren, Of which was that the board
.r have received the amended re-
... r~om the county Of Buckingham
.,.., tbe board met in the Office OF
.. -..re,ary Of tho Commonwealth yes
.., morning. all the members were
.....t except the Attorney. Before any
...s was gone into Mr.. Charles NJ.
.... 1r the Democratic-elcctor count
...... r.v reason Of lnformalities In the GER
.. abstracts OF votes actually cast for
.... ,r.earcd before the body and made
....a leu..hy statement concerning his
lie made n formal motion that
... y.t.s returned from various counties
....- MS cast for Charles II. Wall
r Il Wallace. Jr.. etc, be counted
..u lie argued that the word junior
mot Icea portion OF a name Dut
matter Of description. the omission
...rf.n Of which was a harmless
bic cited numerous authorities ~
..r o4 ,his position. and arsued mat
... --o OF au niaal in place OF a CHRIS
.- person ind Gated hy initials In one
....-.. and by MS Christian name IN an
.- may reasonably be supposed 10
,. r. same person. in the absence or
... other claimant, that the person Ior
...- % was the intention OF voters 10
.. MAS "a matter OF common notorlety'
...r a carvassing board may take no.
- ~. and that. while the duties OF
..rrr--.ng board were purely minis
..-- they had O right TO bring 20 their
A r determining upon action, Judg-
..- reason. and common sense. lie
.. state against Foster, 5>th ONO.
OH other cases in support Of this view.
I0.rI not desiring 10 take any &C
, SIR. Wauaccs case until the
..r or Appeals has decided the Nost
. simply took his motion under con-
ton.
-. case the certificate IS not awarded
. Wallace. 10 is probable that II. W.
-m.r-. of Floyd. viii get it, as there
.u error in De Janette's name in the
.rr rom Chesterfield, which viii leave
I. behind Simmons boy 1913 votes.
r.r Wallace was seen after the board
r.u.i and announced his determina-
.. -o t-ht 90 The bitter end.
~.. letter OF Sir. d. D. Flood. declining
t accept The congressional certificate in
Oil. ~.rtl District was received and or
M placed OBJ nlc.
Governor O'Ferral read 10 the board his
-....- to the Nost mandamus proceed
ANA the board adjourned until Tues
..u morning at II o'clock.
Governor OFcrraiTs Answer.
r v.. after 6 o'clock last evening
.n.~ Governor OTerrau filed IN the
supreme Court Of Appeals his answer 10
t. POSITION and amended petition fled
t.. Yus.-Tl0oi mandamus case. This
answer began 10y saying:
respondent answering for himself
beans. dissenting from the action ~ a
r .o..ty 0i said board says That on the
frr Of November, 1896 Gt being
. t0g-th Monday In said month";
r- .d board (an present eX-
r- the Attorney-Ge met io
pursuance Of law at the office Of
secretary OF the Commonwealth Tor
-. r.rr0se Of canvassing the result OF
.. election held in said state on Tues
..r che Cd day Of November 1896. for
...-- " President and Nice-President
.. The United states and representatives
r CONGRESS from the respective districts
said state.
District was reached the returns which
t.. been received from the county OF
r.h3m in said district by the Sec
-y .f tho Commonwealth, showed the
wing result
jog H ID. FloOi.................... l'z5.
Jacob lCst.-................... ..lf-t-
I.r r. II WOma observation-disclosures. .
Governor OIerrall here quoted the
various certified statements Of the Com
n--..le-s Of Election Of Buckingham
county. showing that no such name as
.Ho" Yost appeared upon any Of the
I".t. cast iu that county. and the
iel return certified 20 the board by
t. Clerk a. the County Court Of Buck
..lam au NJ which have been fully eX-
rneI iu the Dispatch. I'm this latter
r.n occurred the lrregular!ty giving
r-. Yust ninety-nine votes at Glen
more. other aHlavits bearing upon this
r.r were given by the Governor who
.ag.I his reply as follows:
WH.r.uuou. the said j. Yost by counsel.
moved that said papers Doe substituted for
r RETURNS aforesaid, dated November =
- and treated and considered as amend
o. returns and as showing the true result
r- said election iu said county for rep
r.rtstive in Congress from the said
r..M Corere ssional District
DECLINED TO ACCEPT THEM.
rst ,hereupon the said board took
t motion under consideration and
.Iy declined 20 accept the papers above
f..l as amended returns o. as showing
t.. r-ra result OF said election in said
county for representative in Congress
t-u aIi district and proceeded TO count
M vote as follows:
~. 10. Tlood..................... ..l,25l
l.r Jacob Acst...................'.. .'lf-i-
|- T. D. ACKNOWLEDGEMENTS.
tm which action Of the board IN re-
..Ie the paper signed boy the Commits
.r. " Election and dated on the 10Th
.r of November 1896. az amended re-
r., and in refusing 20 count the vote
..r-u certified this respondent dis
r.t therupon # being ascertained
f Iv rejecting said amended returns
r. declining TO count the vote as therein
CERTIFIED tut counting the vote as ceru-
H fhe original returns that H. j.
IH hal "a plurality OF the votes re-
turned from said district the board de-
ff. -ra H ID Flood 10 have been
July elected a representative in the Fifty
.2.s oI tle United State from
t- aI Tenth Congress ional District
-n which action of said board this re-
t..leut again dissentcd lie Insisted
...t said amended returns were not
rIe"-that IS. not from another
s.r.' They were from i1cntcailv the
s'm. officials that made the original re-
. and OF equal dignity with said
n. f.i returns.