The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-09-20
Leading Lawyers Engaged In
Case on Both Sides. #
INQUIRY TO BEGIN
AGAIN NEXT WEEk
The Treasurership Up Monday and
that Involving the Commonweait / a.
Attorneysh'p to Be Considered u
# Next saturday-The Pro. y
ceedings Yesterday Of
Much Interest. n. Il

THApOuL tnreo hourS OF hard WORK y01t0rs Ky
day suhiced for the Henrico Deenocrat tic Il
Committee, Sitting in special called ses-
sion, to get It's bearings on the alleged
frauds and Irregularities Incident to the
recent primary and to clear the decks
for full and vigorous investiga ton Of 4
all charges made and oil infractions OF
the law suggested. l VI (
< It became evident from the very stare
that the committee Is going in for bus-
mess pure and simple. Efforts made yes-8
terday In two instances to dismiss the II
contests Instituted by unsuccessful candl-#
dates for the party nomination pro we'd i
abotiye and each time the commdtteeE
swept technicalites aside and came out 4
strongly for thorough Inquiry into ca g ca IA
"a ,se on its merits. Particularly was tnls \
i rue OF the chairman OF the body, II, ~ ~ r.f IA
Thomas C., Rutllu, who at one time WIhen WIt.l 4
u big tight was being made to sc n ~ 4
5Wendenburg case thrown out, made an
earnest speechT cAlling g Il the ttentlon "a o1S
his colleagues to theirss~r emily made
pledge to stand forst ne purity o. me na1.
lot in Henrico coun ma Rtt tltude taken
by the chairman w hich bore reference
Ito no particular case sOas ga t,diGate or eat
ed a profound I'm press 10 =
All four OF the cont testsS were thereuponl
admitted, Mr.. Todd S req uest for q re-
count was at first rejected, but wa la ter
reconsidered. The several cases e.thel1s u IIs
set for trial. .$ The er-Brauer-Toddg
contest will be heard Saturday N ON m Y
Ing next; the Throckmorton-W endenb burg
case on the Monday following /; and tho
3wyatt-Lewls case after that. The great
est interest IS being manifested In them
all, particularly since 1t Is evident that 4
the committee will cover up nothing. SEM
satlonal developn1 rents are freely prediot.S q
ed A largo crowd was present yester-S
day and the sessions n throug hout Wilt 4
probably be fully attended. istV
y Tn Barks dale Bill. ls.$5
Among the Interesting features that
distinguish the first day Of the investtga- Il
tion none was more striking than the
contention OF the defense in two OF the &
cases that the BarksdaIe law, common
" assumed as the basis for the entlrs
proceeding. does not apply to contests
in primary elections at all. Tho question d
there first raised, which Is one Of inter n
pre- Ia ton Of words and which can proh2-M
bly, never be settled until the language
OF the Barksdale bill Is made moro de-
finite and positive. Is likely to give rtrou-FS
BILE over the entire State where contents
In primaries arise. tts sf n M s,%E
~
the law Mr.. H. NJ. Smith, representing
Mr.. Wendenburg, read the bill and drew
some pretty fine points In tesminoloSy.
He showed that throughout insofar as II L
prohibited the use OF money. ETC., and pre-
scribed punishment tor such use. the law \
employed the terms general elections.
primary election, or nominating convon-s
tion," but that when in a concluding seq
tion It began to deal with contests Il M
used only the word "electlon" and con-
test against an "otilcer." Now Mr.. Smith n
held that Mr. Wendenburg is not an
"ofilcer, but merely a party nominee,
and that 1t was not an election" but Q y
party primary when the alleged rregu-
slarities are said to have occurred. Hence N
he asked that the charges Of Mr., Throok-i
morton based on the Barksdale law %
thrown out. 8
The counter argument was made by the st
Hon. D. G, O'F1aherty. representing Mr.
-Throckmorton. Mr.. O. Flaherty seemed to Il
have anticipated the question since he
promptly produced n letter from Mr..
Barksdae In which the author Of the
bill declared positively that 1t did apply
to primaries. and was Intended to do SO n
from the start Mr.. O'Flaherty further
declared that II what Mr., Smith com
tended were true 1t would place the com-
mittee In the absurd position OF having to u
give certificate of nomination to II
man who. later. might be arrested ana
sent to Jail for violation OF the Harksdals
law.
The point raised Is a FIN cone and Is for
that reason all the more vexatious, It will
likely continue to give troule until the
law Is changed ono way or the other. The
Henrlco Committee decided to investigate
whether the Barksdale law applied or not.
Meeting Called to Order.
The small room OF the Circuit Court
OF Henrlco was filled to the utmost when,
about 12 o'clock. the meeting Of the com.
mittee was called to order by the chair
man, Mr., Thomas G. Rufln. The very
greatest interes, was manifested In the
proceedings. and 1t lie evident that ~
the investigation proceeds 1t will be given
the undivided attention Of the county.
In brief opening talk Mr.. Ruin stated
the object OF the meeting and called at-
tention to the gravity Of the matters to be u
disposed OF. The COMMITTEES, he declared. Il
was not court but nevertheless he asked 3
for the quiet and decorum that the grave
business before 1t deserved and demanded. !
II was, he said, matter of Importance
to the entire county that the serious
charges brought against certain Of the