Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-10-24
JUDGE wrohn.M QUAsHEs THE
PROCEEDINGS AGAINST HIM.
ANOTHER DEFEAT FOR THE ROLTERS.
Me~srs. Guigon, Wise, and Treat
Thvarfcd In Their second Attempt
IN oust the Democratic Registrar
at smithcr's Precinct.

Messrs. A. b. Guigon and Barton IA.
wise. counsel for the Republican Aid
Society. have been thwarted az every
turn they have taken in their efforts to
have the Democratic registrar at this
precinct removed. bus they seem deter
mined 10 prosecute their efforts to the
bitter end and. though this is the last
day under the law in which registration
may be made they announced yesterday
after Judge wickham rendered his de-
cision quashing their motion FOR Mr..
syrcle's removal that they would con-
tinue the fight against him. though where
or in what manner they declined TO say.
The case was. brought before Judge
wickham on applications for the regis
trar's removal signed by John H. Par
ham. Moses Jennings. George Jennings.
Ben. Holmes, and jerry Page. all Of whom
allege that they applied for registration
and were refused; but, as they submitted
no evidence TO show that they were en-
titled 10 such registration. the Court de-
cided that IL was not competent TO re-
move the registrar, and the proceedings
were Quashed.
Mr.. Guigon and Mr. Wise appeared for
sat between them and frequently con-
ferred with them. and Messrs. II. NJ.
Smith. Jr. l.. o. Wendenburg. and w.
II. BeveTidge appeared for Mr. Syrcle,
who was an interested spectator.
MR. GUIGON OPENED.
Mr.. Guigon opened the case, and after
asserting that the proceedings about 20
be entered into were unusual. read one
Of the five applications OF the plaintiffs
for the removal Of Mr.. Syrcle. He then
addressed the Court saying he proposed
10 show that the registrar had failed 90
comply with the requirements Of his office.
he began 10 discuss the merits of the
case. when he was Interrupted by Mr..
Nendenburg, who objected on the grounds
that he had a demurrer 20 file IN each
case. The Court sustained Mr.. Wen
denburg. ana directed that the papers
in the case be laid before him before
any argument was had Mr.. Guigon be-
gan reading the applications. and being
interrupted by Mr.. Smith, q little TIT
ensued which was stopped by the Court,
who said II would be very much better
II counsel would address themselves to
the Court instead Of to each other.
Mr.. Guigon read section g of the Code,
as follows:
IF any person shall offer TO be regis
tered and shall be rejected by the regis
trar. he may make an appeal 10 the
court OF his county. or corporation. or
10 the Judge thereof, I'm vacation.
The registrar Oh application of any PER
son 50 desiring an appeal, shall trans
nit 10 the court having jurisdiction over
the said election district, or to the judge
thereof n written statement of the
ground relied on by the appellant, and the
reasons Of the registrar for his action"
He asked the Court to take up the
case OF Jerry Page and say whether he,
.4. IA. a ii nhf
20 be registered. he ella aiming that on the
9Th and 9Th Of October last be had applied
10 Mr.. Syrcle for registration and had
not been accorded %.
Mr.. Wendenburg submitted his de-
rnurrcr moving the Court 10 Guash the
whole proceedings. He called attention
10 the failure OF the application 10 set
forth that Page was q duly qualined
electOr. and also 10 its failure TO show
that Page had ever applied 10 the regis
trar. as required by law. for his reasons
FOR refusing 10 register him, II sucn, ne
ever did.
MR.. SMITH MAKES 4 POINT.
Mr.. Smith called attention 70 the de-
cision in the case of Coleman VS.. Sanua'
and argued that as the Court hadn't the
written statement from the registrar Of
the grounds upon which the applica-
ton for registration was made and as
according to the decision Of the Supreme
Court in the case referred TO, the Couil
couldn't demand from him such a state
ment the case against Syrcle must far
He quoted Judge l.. L. Lewis as haVih-
concurred in the Supreme Court decision
in the Sands Coleman case, and said.
"Surely these gentlemen" waving his
hand toward Messrs. Guigon and Wise
"win at this time accept the opinion OF
that learned Judge"
Mr. Guigon expressed his willingness TO,
at all times accept the opinions of Judge
Lewis, but contended that the Court had
the right TO demand the written
statement from the registrar without re-
course TO mandamus proceedings. In
most grandiloquent language Mr.. Guigon.
wearing an injured air, asserted that his
client had been defrauded and unless Mr..
Syrcle was required TO do at once what
Page wanted him to do. II might be too
late, as the regisraton-books close after
to-day.
Mr. Wise called attention to tho statute
requiring the registrar to certify the
facts TO the Court. and said IL would be
farcical did the Court not have the
power 10 compel him so to do. He con-
tended that written statement was not
essential 10 the case. seemingly ignoring
the law his colleague had read
Mr. Wendenburg at this juncture arose
and said he thought he had been sum
moned to take up a question Of law. and
not 10 witness a political slde-show par
tcipated in by the two leading gold-bugs
OF Richmond.
'If your Honor please. that IS improper
language" said Mr.. Guigon. springing 70
his feet "and 1 don't propose TO submit
20 IT,"
COURT RULED TT IMPROPER.
The Court ruled the language improper
and Mr.. Wendenburg went into dis
cussion OF the principles OF the case,
maintaining that mandamus were the
only proceedings by which the case could
be brought into court, and as mandamus
proceedings. according 70 a well estab
lisheo principle OF law DO not lie In cases
that have other remedies. II was patent
thai the complalnants were pursuing an
improper course.
Mr. Smith. in reply TO Mr.. Wise's ar
Kument that the registrars written state
ment was not essential. said that The
law was clear on that point and the case
could not be proceeded with without such
q statement.
The Judge asked for the application UNI
der discussion. and retired TO his private
Office for the purpose Of considering the
matter.
During the recess Mr. Boyer OF the
Electoral Board took Mr.. Guigon 90 task
for a statement. which appeared In the
Times. 70 the eject that he had mani
Tested great rsluetance ia furnishing the
record OF the board 10 Mr.. Guigon. and
wordy war ensued. A reporter for the
Times finally appeared on the scene. ard