Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-02

| tent or through ignorance or misinter-
! probation of the law. If done with fraud
ulent intent, the value of the returns as
evidence is destroyed and the returns
! B&y be rejected; but If done through
| ignorance, or miscOnstruction of the law
] while the votes may be Illegal. that fact
! viii not affect the election, or render it
| void unless the number of such Illegal
votes is great enough to affect the gene
| raj result; and where ii is shown that
! illegal votes have been cast for a candi-
| date, they should be deducted from his
| vote. This is the common leaning of the
| profession on this subject.
TESTIMONY REVIEWED.
The testimony I'm the ten precincts
| thrown out by the majority report in
favor of Wise is then critically reviewed,
| and Judge Burke shows that instead of
doing this, DISTINGUISHING the voters and
depriving the contestee of 1.517 votes, the
contestant gains 81 votes.
The testimony in the other precincts in
dispute is then carefully gone over and
Judge Burke remarks:
1t must not be forgotten that an OK
ceedingly large proportion of the Repub-
lcan vote in Al precincts, and, indeed, in
this district, is illiterate. The number
of depositons IN this immense record
which are signed BY witnesses, with their
mark will show this The official ballot
was over 2 feet long. and contained 70
names, exclusive Of the designation Of
offices. In such conditions it is to be rea-
sonably expected that there would be a
large number of defectiyely-marked bal
lots, especially where, as IL appears
throughout this testimony, illiterate
voters attempted 10 prepare their own
ballots without assistance. In this case
il appears that i'm the A precincts, out
of the vote of 1855 cast, 1854 ballots
We're rejected as defective-a lar-e num-
ber but not propOrtiOnately larger than
might be expected.
CONCLUSIONS.
The conclusions are given as follows:
In arriving at the conclusions the evil
dence, as contained in this record, we
have endeaVored TO keep our minds free
from any partisan or political bias, and
10 give to the testimony only such weight
as would be given TO IL in a court Of
justice. In doing this we have had ever
before Us these fundamental principles
of law:
l. Fraud must never be presumed but
always proven by clear and satisfactory
testimony.
2 The rejection of an entire poll-dis-
franchising the legal voters for the fault
of the election ofiicers-is not 10 be adopt
ed. If IL can be avoided.
3. Unless fraud be proven, the fact that !
Illegal votes have been east or counted
should not disturb the election unless the |
number of such votes IS great enough TO !
affect the general result. But when votes |
have been Illegally cast or withheld they |
should be, If ascertainable. deducted from /
or added to the vote, as the case may be. |
Considering the testimony i'm the light |
OF these salutary principles, we submit |
the following summary Of the conclusions |
we have reached:
From the contestee's vote Of 15,7S9 !
should be taken his vote at Creeds Bridge,
l23; his vote at Zuni, 81, total, l54-making
contestee's vote 1896.
To the contestants vote of 10 $50 should
be added: Gains in ten precincts, 81; gains
IN fourteen precincts. 1885, total, 13,674-
giving contestee a plurality of 1861.
Now. even II we should subtract from
this contestants gains In twenty-nine
precincts excluded vote. Of which there
were proven only, at most, LOIS, con-
-estee still has plurality of 9l6
The undersigned therefore present the
.olowing resolutions as a substitute for
the resolutions offered by the majority
" the committee. and recommend their
ldoption by the House of Representa-
ives:
RESOLVED That William A. Young was
July elected a representative 10 the Fifty
nth Congress of the United States, and
5 entitled to the seat.
Resolved, That Richard A. Wise was
lot elected a representative TO the said
congress, and ii not entitled 10 this seat"
FOR AND AGAINST WAR.
Representative Otey to-day presented
petition from sixty-fiye members OF the
National Guard of Virginia, requesting
efinite action by the Senators and Rep
esentatives from that State in favor OF
in Cuba.
All the brewers in Wisconsin have sent
o tho representatives from that State a
O0-word protest against war with Spain. |
hey anticipate an increase OF the tax !
n beer in che event Of trouble.
Personal.
G. C. White. Richmond-St James.
q. X. Easton, II. o. Rogers. Leesburg;
l. ID. Jarman, Charlottesville-Metr :
an.
+. b. Wells. Raleigh, N. c.; d. T.
Brook, Norfolk-The Raleigh
j. X. Cole, Danville; Miss NJ. G. Tynan,
NJ. Z. Pegram, Jr., Char
Otte-NatiOnal.
POSTAL.
John l.. Matheson has been commits
Toned postmaster at Wadesboro'. n. CT
presidential office; Hugh ID. Cameron
{ Swami Station. n. Ca ney-order
flee; Buckley Walker. Woodsdale. N.
:, and Nettie Gilmer at Turkex Cove.
'a.-not money-order Officer {