Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-12-17
APPLY FOR AN ORDER.
fosTs COUNSEL ASK THE SUPREME
COURT FOR ONE.
WANT THE NEW RETURN ACCEPTED.
MIR. Wallace Also Seeks the Aid Of
the Appellate Tribunal I'm His BE-
hnlt-ArrivnI Here of the Attorney
General.
General.

were on the bench in the Supreme Court
yesterday morning. Judge Keith is In
Warrenton with his brother, Mr.. lsham
Keith, who is seriously i'll, and Judge
Cardwell is suffering with the grip. and
is confined TO his home. In Hanover
When court convened at IL o'clock. mo-
ton was made by Messrs. Edgar Allan
and William l.. Royal. representing Mr..
Jacob Yost. to compel the State Board OF
Canvassers to award the certificate OF
election from the Tenth District to their
client. Mr.. r. Carter Scott appeared for
the State Board Of Canvassers, and Mr..
Charles NJ. Wallace, Jr.. was an interested
spectator.
MR.. ALLAN'S AFFIDAVIT.
Mr.. Allan presented the following afii-
davt:
Edgar Allan. being first duly sworn
deposes and says that on the Sth day
Of December. 1896. this honorable court
made an order in the original cause pend
ing therein Of ]. Yost, petitioner, VS.. the
Board Of Election Commissioners Of Buck
ingham county. that the clerk and said
Board Of Election Commissioners should
forthwith make out and send 10 the
State Board Of Canvassers n new abstract
of the votes cast in said county for
member Of the House of Representatives.
Of the United States. at the election held
on November 3. 1896. as will appear by
the records Of this court.
THAT said clerk and Board Of Election
Commissioners OF buckingham county
have made ont and signed said new alb
stract, and have sent the same 10 said
Board Of state Canvassers, according
to law. That, as afiiant is Informed ana
believes. the said Board of State can
vassersi has acted upon the same. and mas
resolved that as no order of this court
recurring II 10 consider the same has been
made. il is not at liberty to consider the
same That said new and amended alb
stract shows that all of the votes certified
by the first abstract to have been cast in
buckingham county at said election for
Jacob (ost were, In fact. cast for j.
YOst. EDGAR ALLAN.
THE AMENDED RETURN REJECTED.
In presenting the above Mr.. Allan called
attention to the fact that the state Board
Of Canvassers has received from the
county Of Buckingham the amended abb
stract certifying that all the votes of that
county had been cast for ~ Yost, and
not for Jacob" Yost but that the board
reversing it's action in the Hudson-kee-
see contested election case of one year
ago. had refused to award the certificate
OF election 10 Mr.. Yost without an order
from the court Mr.. Allen continuing
drew the courts attention tothe fact that
The amended petition. which had been
filed by leave of the court, had asked that
I. H.. p
TO count the votes and issue the certif-
cate in accordance with the corrected alb
stract
Judge Rely took the matter under adj
visement, intimating that the court would
pass upon it this morning.
MR.. WALLACE'S PETITION.
Mr.. Charles VI. Wallace, Jr.. then quail
fed 10 practice law in this court. and
presented a petition for writ of man.
damus 10 compel the State Board of Can
vassers to issue the certificate of election
as elector Tor the Third District to him.
The petition sets forth that at the
Democratic State Convention of Virginia.
held in Stanton. in the spring OF 1896.
Charles VI. Wallace. Jr., was nominated
as the candidate for elector from the
Third Congressional District, and that his
name was duly certified TO the Secretary
Of the Commonwealth and printed upon
the official ballot; that the Board of Coun-
" Commissioners in the counties and
cities Of Hanover. Botetourt Craig, Cum
berland. Floyd. Franklin. Giles, Grayson,
Greene Mecklenburg. orange, Prince Ed
ward. Pulaski. Roanoke. Wise. Freder-
icksburg Newport News. and Staunton,
in making up and certifying abstracts
Of the votes cast made clerical errors.
The State Board of Canvassers gave the
following persons the votes:
c. NJ. Wallace ......................n,l5
c. NJ. Wallace. ........................-. l,tot
Charles NJ Wallace.................... 56Z1
Charles W. Wallace. Jr................ oS5
c. W. Wallace. Jr...................... o55
and refused 10 count them for the petit
toner. who AYERS that there was no other
candidate by the name of Wallace voted
for at the said election, and that his
name was the only wallace" certified 10
the Secretary Of the Commonwealth.
SHOULD ALL BE COUNTED.
He further AYERS that 1t was an error
on the part Of the State Board OF Can
vassers lot to count all the above votes
for Charles NJ. Wallace, Jr., and prays
that they be compelled so to do. The
certified abstracts only give to Charles
NJ Wallace. Jr., 1850 votes, and the
hoard gave the certificate Of election to
one Of the Republican electors, who re-
celved 135,3SS votes.
petitioner goes on to state that as soon
as he was informed Of the action or the
hoard he went in person TO the county
~ Hanover and saw members Of the
BOARD of County Commissioners, VINO as
sured him that the abstract certlhet
under date Of November 9TH was erro-
neous. inasmuch as a clerical error had
been made By their clerk. In certifying
hoard
toeetber on November goth and made
ont an amended abstract and return OF
,,ofes cast and sent it by registered mail
"a the Secretary of the Commonwealth,
who in turn laid it before the state Boaru
If Canvassers. who refused TO act upon II
ord declined TO issue a certlncdte OF MS
election TO the petitioner.
The netitioner further states that the ac-
ton Of the board was to deprive MIN OF
10 G25 votes that were legally cast LOT
MIN and Of ]. 100 votes which were legally
cast returned, and certihed by Tue
amended abstracts. and by this means
he was deprived OF the certincate OF eieo-
ton for the Third District
PRAYs FOR A MANDAMUs.
petitioner prays that the Common,
,-oalth's writ of mandamus De d""i "nn
90 him against the Hon. charles ~ a.
o'Ferran. Governor OF virginia; o..
1a,,.loes Secretary Of the Common
l-aaitb. Morton Marye. Auditor of PUP
~ Accounts: A. w. Hartman, Jr., state
no, ~ snrer. and X. Taylor Scott. At'or-
a,,1ceneral who constitute the state
BOARD of Canvassers, commanding thenl
20 issue TO the petitioner a certinca'e VI
his election. o,oo,,,ro,,ied
Mr. Wallaces petition was accol,' 49,
a.. the amended abstract from Hahose.
,,y The matter was taken ulder
consideration by the court.
nm GOVERNORS ENDORSEMENT