Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-11-25
THE yosr-FLooD MANDAMus.
Writ Sued Ont and Answer of At
torney-GenernI Being Prepared.

Writ Sued Ont and Answer of At
torney-GenernI Being Prepared.
The Dispatch yesterday gave its
readers the figures I'm the recent com
gressional elections throughout the
State as revealed by the official returns
passed upon by the Board of Canvassers.
The exact status of the contest
being made by Mr.. j. Yost Tor the
certificate Of election to Congress from
the Tenth District was explained. and
the programme Of the Republicans in
this matter was clearly outlined In
the table showing the vote in the First
District. Walter b. Tyler was given the
credit of the vote w. B. Tyler received
In MiddleseX county. amounting TO GiS
which was put 10 the credit of "W. D."
Tyler and not walter b." Tyler W
A. Jones's majority over Tyler was 2.532
The vote In the Sixth District was Otey,
HlS7; Radford OBoter). 1l.6S2; Otey's ma
jority over Radford. 5.J05. In the Ninth
District Judge Williams received 1889
instead Of 1890. and General James 4.
Walker received 1907 instead Of 15.O77
General Walkers plurality. however
being 1.l6s. which the Dispatch accredited
him with yesterday.
The Board of Canvassers did not on
yesterday take the Yost-Flood matter
further than to accept notice Of the writ
Of mandamus applied for the Supreme
Court OF Appeals, which was done just
before noon.
THE MATTER IN COURT.
Messrs. Edgar Allan and William L.
Royal, and Colonel James u. Brady,
counsel for Mr. Yost, appeared before
Judges Keith, Reilly, and Buchanan I'm
the Supreme Court Of Appeals at II
o'clock yesterday and presented the
petition for a mandamus. compelling the
State Canvassing Board 10 award TO
Yost the certificate OF election to Con-
gress from the Tenth District. which that
body on Monday decided should go TO
II. ID. Flood, owing to the irregu-
larties appearing upon the face of the
returns. In presenting the petition Mr..
Allan asked for a continuance until all
the judges were present He also said
that he desired 10 hand in an amended
petition, which he did. two hours later.
The court took cogniZance Of the man
damus petition. and ordered the cause
dOcketed. Mr.. r. Carter Scott who ap-
peared for the Canvassing Board, was
given until Friday to file his answer.
Judge Keith said that no oral argu-
ments would be permitted.
Mr. Scott asked for a continuance un-
til his father was able 10 appear but
the court refused to grant the request.
Judge Keith announced after the judges
had retired that the cause would be
heard next Monday.
THE CONTENTS OF THE PETITION.
The petition filed embraces all the de-
tails concerning the contest printed I'm
the Dispatch yesterday. II starts out I'm
the formal way Of explaining that the
petitioner J. Yost. was voted for FOR
Congress I'm the Tenth Congressional
District Of Virginia under the name
and designation of a." Yost His full
name he says is Jacob" Yost. but ne
IS often called Jake" YOst He claimed
that he received a majority OF all the
legal votes cast for congressman I'm his
district. lie states further that "he re-
ceived 1892 votes. as shown by the Off
cial returns on file in the Office of
the Secretary Of the Commonwealth. ex-
elusive Of the votes cast for him in the
county OF Buckingham that the person
receiving the next highest number of
votes in the said congressional district
aforesaid was II. d. Flood, who. accord
ing to said returns on file in the Office
Of the Secretary Of the Commonwealth.
received 14.7S0 votes. thus showing that
your petitioner received a majority of
l42 i'm the counties and cities In said dis
trict without counting or calculating the
vote cast for either the said II. ID. Flood
or himself in the said county of BuclSing-
ham"
After giving an amended abstract Of
the vote in Buckingham county. which
was referred TO in yesterdays Dispatch,
the petition says,
"And your petitioner further files
marked Exhibit r., certificate Of
Do ee
Electoral Board of Buckingham county
aforesaid. showing that the official bal
lots Of said county al said election con-
tained only the names Of ". ID. Flood j.
YOst. and G.. T. Womack for candidates
for Congress. ana the certificates OF w
s. Ayers and G. l. Davis judges II cleo
tion ~ Glenmore Precinct. IN said county
recitlng that the 30 votes returned
from said precinct as cast for Jake"
Yost were In reality cast for a." Yost
and not for Jake" Yost. and the return
Of the same was an error in designation.
THE AMENDED PETITION
The amended petition. which deals en-
tirely with the bearing of the Constitution
OF ,he United States, upon the matter. is
as follows:
To the Honorable Judges Of the Supreme
Court Of Appeals OF Virginia:
Your petitioner j. Yost. not withdraw
ing any settlement or allegation con-
tanned In his petition FOR a mandamus
filed IN this court on the 24th day Of
November 1896 but expressly reafirming
all the aycrments contained therein. shows
now. by way OF amendment TO the
same. which amendment he was given
leave by the court 10 make when he
presented his said original petition. that
his right 70 be a candidate for election
as member Of the House Of Representa-
tives OF the United States. In the Fifty
fifth Congress, for the Tenth Congress
sional District of Virginia, Is right
title. privilege. authority. and Immunity
claimed by him under and guaranteed
10 him by the Constitution and laws or
the United States. He further shows
that both he and the United States are
protected In his and It's said right by said