The times. [volume] (Richmond, Va.) 1890-1903, 1896-11-25
VOL lO-NEW SERIES. NO. PIG.

DOCKS ana ccftiucatcs ana ictufNa OF tH'
Judges and clerks OF election from the
several precincts In said county
And your petitioner further represents
unto your Honors that after the Clerk
Of the County Court OF buckingham
county. who as such was ex-onicio clerk
OF the Board Of Commissioners OF Elec-
tion. had forwarded 10 the Secretary OF
the Commonwealth an abstract and GER
tihcate In accordance with the determina-
tion OF the Board Of Commissioners Tor
said county as aforesaid II was discover
al both 10y the said Clerk
i. a. Forbes. by the several
persons who constituted the
Board OF Commissioners as afore-
said. to-wlt: s. r. Twyman. G. l.. Davis,
y. B. Dowdy. Robert y. Agcc and Luther
T. Lightfoot. that they had erroneously
made "A false return in designating the
votes as having been cast for Jacob
Yost. instead OF 81" Yost and Jake
Yost as aforesaid. and that thereupon
the said =. A. Forbes. Of said county, did,
to-wit: on tho 18th day Of November. 1896,
subscribe and sign. under his official seal.
a corrected certificate as TO tho votes cast
for member OF CONGRESS- in Buckingham
county aforesaid, at said election, which
was forwarded and delivered TO the
Secretary Of the Commonwealth OF Viz
Cinia. 10 the end that the State Board or
Canyassors. at their meeting on Mon
day. the Ord day Of November. 1896,
might have before them the true abstract
Of votes cast at said election for member
Of Congress aforesaid; and that the said
five persons constituting the Board OF
Commissioners for said county also ap-
pend 10 the abstract or certificates so
furnished by y. \. Forbes, Clerk rs afore-
said certificates corroborating the state
mcnt: certificate and abstract so made,
furnished and forwarded by said =. a.
Forbes. Clerk as aforesaid: q copy Of
which amended abstract and certificate,
as wen as Of tho certificate Of the Com
migsionors aforesaid. Is herewith fled
and marked Exhibit a" and prayed t.
be taken and considered as part Of this
petition.
SECRETARY'S CERTIFICATE.
And your petitioner further files. mark
ed Exhibit "B." q certificate Of George
W. Patterson. Secretary Of the Electoral
Board Of buckingham county aforesaid.
showing that the Official ballots Of said
county. at said election. contained only
the names Of H. y. Flood. ~" Iost and
G. T. Womack for candidates for Con-
gress. and the certificates Of w. S. Ayers
and c. l.. Davis judges OF election az
Glenmore precinct in said county recit-
ing that the 90 votes returned from said
precinct as cast for "Jakc" Yost were
in reality cast for "J." Yost and not for
"Jake" Yost. and the return Of the same
was an error In designation.
And your petitioner further represents
unto your Honors that Notwithstanding
the fact that the said Board Of Cam
vassers Of Virginia have received such
amended abstract or certificate OF the
votes cast for member Of CONGRESS az
such election in the county Of Bucking-
ham. Virginia. as aforesaid. the receipt
Of which by them demonstrates that the
original abstract Of such votes forwarded
TO them was not "such" an abstract as
provided for and required by the laws
Of the State Of Virginia I'm such cases,
they have declined and refused TO re-
cognize and act upon the amended abb
stract or certificates aforesaid, and re-
fuse to count and compute for and in
behalf of your petitioner the votes so
cast for him in said county of Buckins-
ham as member of Congress at the cleo
tion aforesaid. as ne is advised. informed
and believes they were i'm duty. good con-
science and law bound and required so 10
90.
DEPRIVED OF a MAJORITY.
And your petitioner further represents
unto your Honors that the result of such
action ON the part Of the Board Of State
Canvassers will be TO deprive him Of 1872
votes legally cast. returned and certified
as having been cast for him as member
Of Congress from said Congressional Dis
trict. and thereby deprive him Of a ma
jorty which he legally received as cam
didate for Congress as aforesaid, and TO
deprive him Of the certificate of election
to which he is by law entitled 10y virtue
of the votes so cast for and received by
him as aforesaid. and that the said Board
of state CanVasscrs have declined and re-
fused TO issue TO him certificate Of his
election as a member of Congress from
the Tenth Congressional District OF Nlr-
cinla. by virtue of the election aforesaid.
Wherefore your petitioner respectfully
pravs that the Commonwcalth's writ of
mandamus may be awarded 20 him
AGAINST the Honorable Charles II. OFor-
rail- Governor Of Virginia. J. y. Lawlcss.
Secretary Of the Commonwealth; Morton
Marye. Auditor Public Accounts; a. w.
Iarman. state Treasurer. and r. Taylor
Scott. Attorney General. who as such con-
stitute the Board Of state Canvasscrs Of
Virginia, directing and commandine them,
upon the facts above recitcd. 20 issue 10
vOur petitioner certificate of his clcc-
ton as a member Of the Fifty-hfth Con-
grcss of the United states of America
from the Tenth Congressional District Of
Virginia; and for such other, further and
general relief In the premises as the ma
ture Of the case may require. and as in
duty bound. your petitioner Will ever
pray. &c. j. looI.
Edgar Allan. and Jas. d. Brady, Coun-
sci for Petitioner.
State Of Virginia,
city Of Richmond. to-wit:
I. A. B. Dickinson. Notary Public for
said city, in the state of Virginia, do
hereby certify that J. Yost whose name
is signed TO the foregoing petition. this
day personally appeared before me i'm my
said city. and made oath that the state
ments contained in said petition arc true
to the best OF his knowledge, information
and belief
Witness my hand this 23rd day OF Nov-
omber. lS6. a. 3. DICKINSON.
Notary Public.
TIE AMENDMENT
The amendment which the Court grant
cd leave TO the petitioner 10 file was
prepared yesterday afternoon by his coun-
sci, and Will be presented this morning.
1t reads as follows
10 the Honorable Judges OF the Supreme
Court OF Appeals OF Virginia
Your petitioner. J. Yost. notwithstand-
ing any statement or allegation contained
IN his petition for a mandamus filed in
this court on the 24th day OF November,
1876, but expressly roaiirming all the
avcrments contained therein, shows now,
by way of amendment 20 the same. which
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