The times. [volume] (Richmond, Va.) 1890-1903, 1896-11-25
MANDAMUS PETITION.
ruE YOsr ELncIToN CASE BEFORE
1HE sUPREME COCRT.
rext the Petition aud the Amendment
Thercto-No Oral Argument VIII
BE Heard by the Court.

Pursuant 10 notices served on the Board
ci state Canvassers yesterday, Messrs.
william l.. Royal. Edgar Allan, and
james y. Brady. representing Jacob Yost,
appeared before the judges of the SUI
irene Court Of Appeals at IL o'clock
yesterday morning TO ask for a manda-
mus compelling the Board TO accept the
amended abstract from Buckingham
County as the correct one. This abstract.
as printed in yesterdays Times. Ger
titcs that LIB votes were cast Tor j.
Yost and % for Jake Yost. The manda-
mus prayed for is to compel the Board
20 count the votes cast In TINS county
Ior j." Yost. instead of Jacob nos',
which would result in Mr.. Nost receiving
the certificate OF election. ,...,.
JUDGE CARDWELL ABSENT.
Judges Keith. Rieioy, and Buchanan
nsccndcd the bench promptly at II CLOCK
yesterday morning. but Judges CdruWei
md Harrison were absent. bcncIui
Edgar Allan, OF counsel Tor MI i"o''
asked leave 10 filo peutoh LOT m
camus, as set forth above. lie oshcd
that the court would receive the peuuoh
and grant leave TO amend IL iateI Oh
and that "a hearing OF the same pe
court.
He made this request. he said. be-
Pause a member Of the bencn was ap-
sent. and he did not think the court IL
self would be willing 10 pass upon the
grave questions which wOulo Toe Iai'eu
unless all of its members were present.
Judge Keith: Your petition is not YET
before this court. suggest th"t you
amend 1t as you nave inolcateu' anu uie"
present II "a the court
In reply General Allan said that MS
reason for wishing 10 file the petition at
pnce was that it might be received ny
the court while the Board was In session.
Should tho Board adjourn before the pc
tition was fled some complications might
arise.
MIR. Royail also ask that represen-
tatives Of the Board be instructed 10 NE
nm answer. so that we may know what
we have to meet.
Judge Keith: Who represents the
Hoard2
Mr.. Royal: No one has appeared for
them. so far as | know
Mr. r. Carter Scott. who had hitherto
taken no part IN the proceedings. at this
point announced that he would represent
The Board
Judge Keith. after a conference with his
associates. announced that the request
OF General Allan would be granted.
"The amendment TO tho petition he
said, must be fled tomorrow morning,
und the answer Of the Board next Friday,
when the cause will be heard. This court,
wish IT understood, will hear no oral
urGumcnt"
Mr.. Scott asked that some other day
than Friday be fixed for the hearing,
on account Of the sickness Of his father.
The Attorney-General. His request was al
sfru hut nf ]
of court. it was decided to postpone the
hearing until Monday next.
THE PETITION.
The petition filed by counsel for Mr..
AOst reads as follows:
TO THE HONORABLE JUDGES OF
THE SUPREME COURT OF APPEALS
OF VIRGINIA.:
Your pc, .nor, j. Yost, respectfully
represents unto your HOnors that his fun
name Is Jacob Nost. that ho IS often call
ed Jake Yost. and that at the election
held on the 3rd of November, 1896, in the
cities and counties comprising the Tenth
Congressional District of the state OF
Virginia, to-wit: Allegheny, Amherst.
Appomattox, Augusta, Bath, BOtetOurt,
buckingham. Cumberland. Fluvanna.
Highland Nelson and ROckbridge and the
cities of Staunton and Buena Vista, he
was voted for as a candidate TO represent
said District IN the Fifty-fifth Congress
Of the United States. he having been
certified TO the Secretary Of the Common
wealth as candidate under the name
and designation OF -. Yost;" that he re-
ccived majority OF all the legal votes
cast for representative in Congress from
said District: that he received 1872 votes.
as shown by the official returns on file
in the Office of the Secretary Of the Com
monwealth Of Virginia. exclusive 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 excluding the
votes cast In buckingham county afOre-
said. was II. u. Flood. who. according to
said returns on file in the Office of the
Secretary OF the Commonwealth. re-
ceived 147SO votes thus showing that
your petitioner received a majority Of
1i2 votes I'm the counties and cities In said
District without counting or calculating
the vote cast for either the said II. j.
Flood or himself in said County Of
buckingham.
And your petitioner further represents
unto your Honors that the records of
the Secretary of the Commonwealth OF
Virginia show that the only persons
whose names were certified In accordance
with the laws In such cases made and
provided as candidates Tor Congress in
raid Congressional District at the cleo
tiOn aforesaid. were II. ID. Flood. !. NOst
and c. +. Womack, and that only such
namNs could legally he printed Upon the
official ballots issued at said election.
and he AYERS that no other names than
the three above recited did appear or
were printed upon the official ballots used.
and voted In the several cities and coun-
ties OF the Congressional District afore-
said.
ONLY THREE CANDIDATES.
And your petitioner further represents
unto your Honors that at the election
held at the several precincts in Bucklng-
ham county. on said Srd OF November Tor
member Of Congress as aforesaid. he ac-
tuaIly received l272 votes. and the said
III. d. Flood actually received 26i votes.
all OF which votes. II counted. would in
crease the majority Of your petitioner
from l42 to 147: but your petitioner is ad-
yised and informed that although he re-
ceived the number OF votes aforesaid at
the election held In the various precincts
of buckingham county aforesaid. tho
iudges and clerks OF election from the
various precincts of said county made
returns TO the Board OF Election Com
mlssIoners OF said county that the votes
cast for member Of Congress therein at
said election were cast as follows:
II. ID. j. Jake c. #.