Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1900-05-19
LXVII NO %

TIE Jackson Wssd Forgery Cases
have been the slbject of discussion
for week or more. Attorney-Gener-
nj Montague delivered the following
sound opinion:
RICHMOND, May 10. 1900.
To the Electoral Board of the City OF
Richmond, Richmond, Va:
Gentlemen Tin the matter OF the re-
quest Of your board as to the power of
said board to inquire whether or not
the notice Of candidates for office is
forged, i am Of opinion that it is COM
petent for the board to determine
whether the provisions of the law re-
epecting the notice Of oandidscy has
been properly given, or given &C all !;
and, therefore, in the ease in question
the board has the power Co investigate
as best it can whether any of said no.
tices are forgeriss. While the board 10
Q ministerial body, yet all ministerial
agents have the right to determine
whether the occasion has arisen or the
fact has occurred which must have
arisen or have occurred as o condition
precedent to their action.
NAMES COULD BE WITH HELD.
"If, therefore, the notice is alleged
to have been forged, and such allegs-
tion 10 made known to tbs board, il is
authorized, IL is see fit, to investigate
the truthfulness Of the allegation and
IL the proof conclusivelV shows that
such paper is forgery the board is au-
thorized TO withhold the mama there
on from the official ballot.
Section OF the act says that the
ballots shall only contain "the names
OF all candidates compl' ing with the
provisions as above required" If the
notice be forged. the provisions of the
act are not complied with and the
board. in my Judgement, has therefore
the power to determine whether such
notice be genuine or q forged docu.
ment.
RRsPoNsIBILITY PLACED.
"Of course, to justify the board in
declaring such notice q forged or ficti.
.tious document the proof should be 80
full and clear as to make their decision
unquestioned. Consequently, I am of
opinion that the board has authority
to make the investigst on in question,
but whether or not it will make such
investigation is. purely discretionary
and optional with the board. 1t has
the authority II is chooses to exercise
it.
Very respectfully,
A. j. MONTAGUE,
Attorney-General."
Despite all this, the Electoral Board
composed OF Messrs. James <. McKen-
ney, Writ E. Taylor and Charles T..
Brown defined to be governed thereby,
and 30 Hon. William L. Royal decided
20 take the matter into the courts.
Editor Mitchell and Mr.. Benjamin
Jackson made an affidavit to the facts
and allegations set forth in the eppli-
cation for au injunction, and the mat
ter was taken before Judge Lamb of
the Chancery Court Saturday morning,
18th inst, at 10 o'clock.
His Honor said that for personal rea-
sons that he did not wish to sit in the
case. He suggested that the matter
De taken to the Law and Equity Court.
JUDGE wELLFoRD PREsIDEs.
Mr.. Royal replied shat Judge Minors
Court was already we'll crowded and il
Judge Lamb did not object, the case
would remain in Chancery and His
Honor, Judge B. r. Wellford, Jr., be
requested to preside. This being sat-
isfactory, Mr.. Royal proceeded to find
bis Aonor, who was presiding at Hem
rico Co. O. 81.
he set 5 o'clock Saturday evening
for the hearing and instructed Mr.
Royal to notify the Electoral Board OF |
his intended application.
Benjamin Jackson { In the Ohanesry |
VS. Court of the
City OF Richm'nd |
James e. Mckinney, Writ e. Taylor
and Charles l.. Brown, being the |
Electoral Board of said city.
To the Hon. James @. Lamb, Judge |
etc.,