Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1902-11-13
RETURNS HELD :
BY COMMISSIONERS
EFFORT TO THROW OUT LIBERTY HILL
Commissioners not Backed by ATTORNEY
ney-General Vim. A, Anderson

ney-General Vim. A. Anderson
Opinion of Attorney General as to the
Doubtful Precincts in Ninth District.
When the commissioners met on last
Thursday to certify the vote Of Tazewen
county, question was raised on the re-
turns from Liberty Hill precinct. The
commissioners, at least some OF them,
seemed to think that they had authority
to throw out the vote from any precinct
where there might be an irregularlty In
the returns. So thinking the commission
ers decided to pass Liberty Hill precinct
and meet again on Saturday, in the mean
time communicating with the Attorney
General. They met again on Saturday
and not having heard from the Attorney
General, adjourned to meet again on the
11th inst.
The following correspondence passed
between G. w. Doak, one of the commits
sioners, and the Attorney General:
Tazewell Va, Nov. 6. 1902.
Hon. William A. Anderson, Attorney
General, Richmond, Va:
Dear Sir,-I was member of the elec'
ton commissioners, and we met today to
canvass the returns.
When we struck Liberty Hill precinct
we found that the judges of election there
had not used the registration books, but
had used copy, certified by the clerke
of court, of a list furnished him by the
registration board, which included about
thirteen names refused registration. Sew
eral of these were permitted to vote, and
the vote polled was exactly the number
registered, and several we knew that were
registered did not vote. In other words,
too many voted, and the board, knowing
this, passed the precinct by till Saturday
next, and summoned all the members OF
the registration board of that district be-
fore us to see exactly what number they
registered, &c.
The returns show too many voting.
Please advise me by wire early Saturday
morning if we can throw out this precinct,
under these conditions, or will We have to
certify to a thing We know to be incorrect?
The board will meet Saturday at p. M.
Yours very truly,
G. w. DOAK,
Nov. s 1902.
&. w. Doak, Esq, Member Of Board Of
Commissioners of Election, Tazewell
County, Virginia:
Dear Sir,-Your favor of the 9th instant
did not reach RICHMOND until 10
O'Clock last night. according to the stamp
upon the envelope, and l did not receive
it until 9 o'clock this morning and few
minutes afterwards was handed your tele-
gram Of this date.
l answered your enquiry, by wire, as
satisfactorily ss could, as follows:
''Duties of your board merely to ascer-
tam result from face of legal returns. 1t
has no judicial authority or power to sup
press the vote of precinct by throwing
it out, if returns are in legal form or can
be put in legal form by correcting irregu'
larites as plainly required by section l34
of Code. See decision Virginia Supreme
Court, ninety.frst Virginia, page $685."
Confirming that telegram, l beg leave
to add that your board has no power to
90 behind the returns. Your duties and
functions are limited to canvassing the re-
turns, and ascertaining (Which is mere
matter of addition) how many votes were
cast at each precinct for each candidate
according to those returns, and certifying
this result, as required by law.
You have no power to 60 behind the
returns. You can see very we'll that, If
commissioners of election had any such
authority, it would be in their power In
almost every case of contested election,
to determine the result according to their
views.
Of course, the returns which they can
consider must be in legal form, but the
law (Section l34 of the Code) provides
amply for this, and plainly makes it the
duty of your board to have the returns
pu. in legal form by the correction OF any
irregularities.
Your bUord has no power whatever 10
ascertain whether the votes received by
the judges of election were cast by legal
voters, or whether the election was proper
ly conducted by the judges of election.
If the judges Of election have wilfnlly
and corruptly violated the law in the con-
duct of the election, tteir action cannot
be reviewed by your board, though they
may make themselves liable to a criminal
prosecution.
Very truly yours,
WILLIAM A. ANDERSON,
Attorney General.
The ruling of the Attorney General it