The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-05-15
LEGAL INTELLIGENCE
News Of the City Courts and Of the
Clerks Office Transactions.
JUDGE pRENTIS REFUSES INJUNCTION
Aic Declines to Remove the Old Judges
or Election but Thinks Electoral
Board Linblc for It's NcsliEence-
Nfchuel Travrrs EatIcd-A Serious
ChnrGc-A Charter.

In the City Circuit Court yesterday,
Judge r. X. Prentis refused 10 gran,
the injunction asked for by the Danie
Democratic club. of Berkeley, 10 proven:
me OLD judges of election Of Norfolli
county from holding over
The club conttalded in its opDllcatin
that the old judges were Ineligible FOR
service at the approaching election In
that the Electoral Board should have
appointed new officials The Judge re-
fused the injunction on the ground that
II was the best public policy at this time
10 40 SO, the court not being able to de-
clac between now and the election
whether the judges have the right TO
nold over He was strongly of the opin-
ION that the Electoral Board violated the
law i'll not appointing new judges. and
mat they are punishable for the viola
non. 10 grant the injunction at this
time would, he thought, Great n state of
anarchy in the county which would not
he justifiable. The defendants-,hc
Judges and the Electoral Board-were
represented by MIR John w. Harper.
or portsmouth, and Mr.. J. c. Parker. of
SOUTHAMPTON county, as counsel Those
desiring the injunction-the Daniel Dem
ocratic club Of Bcrlllcy-were represent
Ell by Mr.. William Nick Woodhouse
anu Colonel George A. Martin. The
reason for the Electoral Boards not ap-
pointing new judges was that the two
members of the board, Messrs. Cromwell
ana shea, could not agree on the judges.
not sufficient excuse
THE DECISION.
Following is the text Of the decision
In vacation: Circuit Court Of Norfolk
county, on the 14th day of May, 1897.
george w. Jones and others VS.. e. +.
Cromwell and others:
Ihis day came the camplainants and
H.
ana MED their general demurrer there
70, In which the complainants joined,
ana the complainantS moved for an in
junction IN accordance with the prayer
or the bill. Thcreupon, without de-
te:mihlng whether or not the judges Of
election FOR West Berkeley precinct, in
NoHlolk county, appointed on the 29th
day OF FEBRUARY, 1896, hold their posi-
lions until their successors are elected
ana qualified, ana without determining
whether or not the proper proceeding to
Try the question involved is Il writ of
quo Warranto, the court denies The said
injunction. becauh:e Of the opin;On that
the complainants have a plain and ad
csquaic remedy at law by writ Of man
damuS TO compel the Electoral Board Of
Norfolk county to appoint the Judges
for West Berkeley precinct i'm accordance
with the statute in such eases made and
provided: because OF the pCrsessiou of
N'S ~ VIC Judges OH the
DAY OF election Is necessary for the due
ana orderly conduct of the election,
ana there is no adequate process bv
when this cour. can determine who
are the judges to whom such ballots
should be delivered, and no adeuuate
process by which this court could COM
pei the delivery OF such ballots to such
Judges IN time to conduct the election.
II they should not be chosen until the
day OF election. Therefore on grounds
OF public policy the injunction prayed
for IS refused