The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-12-17
vIRGINIA's ERRONEOUS VOTES.
The Yost and wallace Cases Before
the State Supreme Court.

the State Supreme Court.
Richmond, Ava, Dec. 16.-only Judges
Reilly, Harrison and Buchanan were on the
bench in the supreme court this morning
when a motion was made to compel the
state board of canvassers to award the
certificate of election to congress from the
Tenth district to Jacob Yost. Judge Keith
is in Warrenton with his Brother, lsham
Keith, who is very i'll, and judge Cardwell
is sick with grip at his home in Hanover.
When court convened Edgar Allan and
William L. Royal were on hand as rep
resentatives of Mr.. Yost, and n. Garter
Scott appeared for the state board of can
vassers.
Mr. Allan presented an AFFIDAVIT setting
forth the status of the Yost case, and call
ed attention to the fact that the state
board of canvassers has received from the
county of Buckingham the amended alb
stract certifying that all the votes of that
county had bee1 cast for IL" Yost and not
for Jacob" Yost but the board. reversing
its action in the Hudson Hudson-Keese
contested election case of one year ago.
had refused to award the certificate of
election to Mr.. Yost without an order from
the court.
Mr.. Allan continuing, drew the courts
attention to the fact that the amended pc
tition which had been filed by leave of the
court, had asked that mandamus issue
to compel the board to count the votes and
issue the certificate in accordance with the
corrected abstract.
Judge Rely took the matter under adj
visement, intimating that the court would
pass upon it tomorrow morning.
Charles Wallace, Jr, having qualified to
practice law in the supreme court pre-
scented a petition for a writ of mandamus
AGAINST fhp rd IF f4aa IN
compel the board to count as cast for
Charles NJ Wallace, Jr., all those votes
certified to the boardlas cast for c. Nj. WAX
lace, Jr., c: M. Wallace Charles N. WAX
lace, Charles w. Wallace. Jr., and c. w.
Wallace. Jr. for presidential elector in
the third district. The petitioner AYERS that
| it was an error on the part of the state
| board of canvassers not to count all said
| votes for Charles NJ. Wallace Jr., and
prays that they be compelled to do so.
The petitioner further states that the
| board of county commissioners of Han
over county met and made out a corrected
abstract of the votes cast in that county
for Charles NJ. Wallace, Jr.. 1899 in num-
Der, and sent the same to the state board
of canvassers by registered mail. And
That the board refused to act thereon, and
award him the certificate of election. He
prays that the board be compelled to do
SO by mandamus.
MT. Wallace'S petition was accompanied
by the amended abstract from Hanover
county. The matter was taken under. con-
sideration by the court.
Gov. O'Ferrall, who did not agree with
| the other members of the board in the
course they adopted last Tuesday, wrote
| the following on the back of the petition,
in accepting service: GAS a member of
| the board of state canvassers, have been
| ready to accept the amended abstract
from the county of Hanover as showing
| the true result of the vote in said county
for Presidential electors; and this amend
ed return. together with the returns from
other counties Of the state, showing that
| Charles M. Wallace, Jr., received a ma
jority of the votes cast have been ready
to vote to declare the said Charles M.
| Wallace, Jr., to have been duly elected,
and to award the certificate of election to
| him."
Judge Reilly said tonight that owing to
the absence of Judge Keith and Cardwell,
no opinion would be handed down to-mor-
| row.