Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-01-12
HOUSE COMMITTEE REPORTS IN
FAVOR OF SITTING MEMBER.
THE FINDING is UNANIMOUS.
The Paper nv Drafted by Chairman
Parker Approved by the Committee
and Adopted by the Lower Branch
without a Dissenting Vote.
Drafted by Chairman


House Of Delegates from Norfolk count,
The report was in favor or Mr.. New
berne. and the following resolution
which closed the lengthy statement, wei
adopted unanimously by the House:
Resolved. That J. Il. Cole was nc
elected. and is not entitled to seat /
the House OF Delegates from Norfol
county.
Resolved. That NJ. S. Newberne wa
elected, and is entitled TO a seat in tn
House OF Delegates from Norfolk coun
ty."
The report was ordered to be sprea'
on the records of the House.
THE CoMMITTEES REPORT.
This is the committees report.
To the House of Delegates OF Virginia:
The Committee OF Privileges and Elec
lions, to whom were referred the papers
in the contested election case of j. f,
Cole VS.. NJ S. Newberne. in the county
of Norfolk, having had the same under
consideration, submits the following re-
port:
The contestant. J. T. Cole. claims the
seat now occupied by NJ. $. Newberne
upon substantially the following grounds:
L. That the persons claiming TO be
judges Of election who conducted the
election of those precincts in said county,
the returns from which show the election
of NJ. $. Newberne were not legally
qualified TO hold said election, their terms
of office having expired in February,
1897 and hence that the election purport-
ing TO have been held by them was no
election. and the returns made by them
should not have been counted.
2. That the only legally qualified judges
of election at the election in November,
1897, i'm said county, were the three quail
fed voters of the district that were
sworn I'm on the morning OF election-day
at some Of the precincts, in accordance
with the provisions of section III OF the
Code and that the returns made by those
judges show J. Il. Cole TO have been
elected by very large majority.
3. That no official ballots were used by
the judges whose returns show New
berne's election. said ballots having been
printed by order of the chairman OF the
Electoral Board. who was not the secre-
tary Of said board and was not desig-
mated by said board to print said ballots;
and that the said chairman stamped said
ballots In the presence of the County
Judge and delivered them TO the so-called
judges Of election at the various pre-
cincts without authority Of law, he not
being secretary Of said board and not
having been designated by the board TO
perform this duty.
The contestant admits that the ballots
used by the three qualified voters Of the
district" above alluded 10 were not OFF,
,ial, they not having been printed in the
presence of any member OF the Electoral
Board. and were not stamped with the
seal of the board nor distributed by any
member of the board. But said contestant
,laims that none of the ballots used by
my Of the Judges being official, that II
IN official ballot is necessary TO a valid
election, then there was no valid cleo |
ion in Norfolk county and the seat |
hould be declared vacant and new |
lection ordered for said county 10 fill |
he vacant seat in the House Of Dele |
ates.
NO ACTUAL FRAUD CHARGED.
There is no contention by contestant
hat there was any actual fraud In said
lection-no charge that any qualified
otter was deprived by the judges OF his
light TO vote, or that any Of the votes
asst were not counted as cast or that
he returns failed 10 show the wishes or
he electors casting the votes returned in
aid election. True. there were a few
harges in the dispositions OF fraud, but
be charges were immaterial. and If true.
nd the returns from those precincts had
cen rejected. IL would not have changed
ne result But those charges were not
lade by contestant in his petition nor
rought out in his argument before the
)mmittee, and hence have not been con-
dered in the least by the committee. In
he pending case we have nothing, there
're to consider but the abstract ques-
on as to whether the Irregularities COM
aimed of by the contestant as above set
nth are sufficient per Sc to invahdate
lie election in said county.
We state the facts as briefly as posi-
e. In February, 1896. the Electoral
GARD of Norfolk county, consisting OF
F. Cromwell. chairman; j. ]. Warren,
cretary and r. l.. Shea, met and APP
United judges OF election for the various
ecincts OF Norfolk county. Afterwards
vacancy occurred in said board by the
-ath Of ]. j. Warren. The duty de-
lived upon the remaining members TO nil
at vacancy by the election of a new
ember as required by section GO of the
,de. This they failed to do. They also
lied to appoint new judges of election
take the place Of those whose terms
pired in February. 1897. They also !
fled to elect a secretary of the board
the place OF j. j. Warren, deceased.
pom application, the Circuit Court OF |
orfolk county issued its mandamus TO !
mpel said remaining members of said c
ard TO meet, fill the vacancy on the
ard. elect a secretary for the board {
d appoint new judges of election. The
urt OF Appeals sustained the Circuit
urt in this action. The two members
the board met and declared to the Cir
II Court they were unable to agree on
y one TO fill the vacancy on the board,
able 10 agree on the election OF sec
ary. and unable to agree on who should
Judges OF election. The court ordered
I'm to Jail for contempt In refusing TO
ey it's orders. The Court of Appeals
ain sustained IL in this action. and the
o members Of the board went to iail
ey remained in Jail for some time. but
re finally released by the Circuit Court.
whose order they had been imprisoned
ere being no secretary of the board
/ the board having designated no one
have the ballots for the approaching
elton printed the chairman OF the
", had the ballots printed IN the form sI
Scribed by law, stamped them with the =,
cial seal of the board (Which had been y,
his possession since the death of j. j. a.
rren, the secretary in the presence OF III
County Judge. and distributed them al
the manner prescribed by law among A
judges OF election that had been APP be
nted in February, 1896. These ballots oI
e used by said judges in conducting n,
I election. Certain of the electors of -
folk county, assuming that these bal " :"
were irregular. and that the persons ~, vi
whom they were delivered were not ii'
ges of election. had other ballots 10
tied i'm the form required by law. but alb
b no other semblance OF compliance al
b the requirements of the law and / no
the morning OF election caused to be | iio
IN in at a number of the precincts ~
e qualified voters to act as judges ~ ~.
delivered to them said ballots. these s''
" the judges and the ballots upon ca
returns from which the election OF no
Iestant is claimed. The Board of sol
lnissioners received and counted the yo
ms rna1e py the Judges appointed In sio
ruary. 1896. upon which returns New inc
le appeared 10 be elected by vote :,
1888 for Newbefne TO 49l for Cole. The ~
rms made by the three voters sworn POI
: iudges were not received or counten sci