The times. [volume] (Richmond, Va.) 1890-1903, 1902-03-20
The Madison Faction Win Over
the Crafordites in Warwick.
OYSTER LAND APPLICATION
MIST Be Made to the Inspector in Writing
The Validity OF the lea Day Clause In
an Insurance Policy sustained
In the Poin: Breeze Case.
fspec,al Dispatch 10 The s1mes.)

,narkabie one in some respects, being
notable because Of at least three I'M
l,orlant and unusual cases finally as
: posed of. The best known and most
generally Interesting of the three was
simply comprised in an order MADE oy
Judge Blackstone, wipiHS of the dockst
certain litigation growing out OF the no
4 1oliouS connict between the rival Demo
cratic factions in Warwick county, ana
putting n period TO ali past and present
legal squabbles Herewith connected.
The general features OF the hshl De
tween the factions are not unhooWn
without the confines of the little baii-e
wick. Democracy was divided, one lac
ton following DR.. j. II Cratioro, LOT
long time The county's delegate IN the
Legislature; the other. following don. u:
c. Madison, DR.. Crafford's successor to
General Assembly honors. When Madi-
son entered the political arena as q sep
;1:lfe political entity, he found an clec-
toral board composed of two Craford
men and one Madison man. This board
was known as the Crafford board,
Aessrs Eoneweil and Sinclair the ma
jorty, DR.. j. III. Young the hopeless MI
Eority.
After much scrapplng and squabbllng
Ar. Madison managed to take his seat
us a delegate, and presently secured the
appointment Of new board-Messrs.
Ham, Curtis and DR.. Toung-all Madison
men. Inc STdllOlu 1S"SNSAs -
fused 20 consider themselves deao< ana
when, the election approaching, the new
board demanded the books from the old
THE demand was scornfully ignored Inc
Madison board forthwith prepared an
application direct to the Supreme Court
Cor a mandarnus to secure the books;
but the stenographer made an error in
the application, and the Supreme Court
adjourned before it could be corrected.
Time pressing the Madison board applied
TO Judge Blackstone for the mandamus,
and Judge Blackstone granted the ap-
,,lication. An appeal was noted and writ
Of error and supersedeas granted in or
der TIN. the case might be turned inside
out. its L Ysteries explored and Its Vasa-
IisS corrected once and for all.
REMARKABLE ELECTION.
Pending the settlement of the matter
In Tie Supreme Court, the election was
held. and it was the most remarkable"
election ever held in The OLD Free
State OF Warwick AT every precinct
thele were two ballot boxes, two sets OF
judges and clerks and two conunGents
OF rooters. Naturally two sets of county
officers Were elected, or Gained they
we're. County Clerk Burnham. being OF
the CrafTord faction, issued certificates
to the Cratford men only. The Madison
never got certificates. but some of them
We're sworn in by Judge Christian, among
them the Colored magistrate, G. H. Rob-
lnson, OF Bloodfeld, who, according to
Judge Monta cues recent ruling, is not
magistrate, and never has been a mas
islyate within the technical limits OF the
law, notwithstanding the fact that he
Mas elected on the face of the Madison
returns and was commissioned This is
a legal snaTl to be untangied, most likely
lay application Tor mandamus to COM
pei the clerk to issue certificates to the
Crafford officials.
rt,a q In a s.
ION affirmed the ruling OF the lower
court, and consequently Judge Black
stones order granting the application
Tor mandamus stands. His Honor &C
cordingly made his docket conform to
the Supreme Courts decision, and the
CIafford faction is practically ruled OIL
the legal field SO far as present and past
litigation is concerned.
WRITTEN APPLICATION.
Judge Blackstone rendered another de-
cision of wide Importance and OF particu-
lar interest 10 oystermen. 1t was IN the
chancery cause of Erwin Quackenbush
Ns. II. A. Sinclair, oyster inspector, and
Vaughn Jones. Judge Blackstone over
ruled the demurrer. and this disposed of
the questions raised by tha pleadings
and decided that written application is
necessary to be made to the inspector in
order to have oyster ground assigned to
the applicant.
point very clearly Vaughn Jones
claimed that he applied to Inspector Sln-
clair about September LIST for a certain
piece of oyster land, The inspector did
not post the notice until December lGth.
Along about this time, according to the
claim, Quackenbush went to the in
spector and asked if any one had filed
written application for the piece of
land. The inspector replied in the neg
ative. and Mr.. Quackenbush, on Decem-
Der 18th, filed a written application for
the tract, and secured an injunction re-
stiaining the inspector from assigning it
TO Jones or to any one else. The decis-
ion just rendered perpetuates the in
Junction, and Quackenbush gets the
land. Hereafter oral applications won't
co. MessIs. Moss and Gilllerson repre-
scented the plaintiff in the case and f. G.
Collier the defendants.
THE TEN-DAY CLAUSE.
or not less interest was His Honor's
decision In the case of Aagruder Jones
rs. Phoenix Insurance Company, in
which c. c. Mitchell appeared for the
plaintiff and o. d. Bachelor. of this city,
and II. w. Anderson. of Richmond. for
the defendant The opinion in this case
Involved the validity of the ten-day
ciuase" in insurance policies
AIR. Jones owned building on the
Point Breeze Road. 1t was insured by
the defendant company for $3.50, End was
occupied by one Winfree who kept
saloon there. Winfree moved out on
December 10th. The building was burned,
vacant, on December 10Th. BY a queer
coincidence this same Winfree occupied
the Vaughan saloon building which was
burned yesterday morning.
However, the policy contained the
usual clause that the building must not
be vacant more than ten days without
the consent OF the company. which con-
cent the company claimed, was not OBJ
tanned. The clause was taken advantage
of and the policy was not paid hence
the suit
The defendant demurred to the plain
tins evidence. and the demurrer was
sustained, thus maintaining the cor
rcctness Of the comparw's contention.
The outcome Of The case was awaited
with much interest by insurance men
and others in this section