The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-08-06
MR.. CRUN.D|Y
WINS OUT
Judge Ingram Decides lie is
Entitled to Seat III
Board.
OMISSION is NOT FATAL I.
Member Will Now Have NO
Further Trouble About
His Certificate.

and Equity Court yesterday rendered
4 decision III the case of colonel Barton
4 n. Grundy. BY which, the latter Will re.
tstain his seat IN the Board o. Aldermen
4 from Henry. Ward, notwithstanding the
44fact that he may have technically over. Il
,looked matters relating his ataliftca-5
4 lion.
The gist Of the opinion OF the eosfs Is
| that the time limit of thirty days GOES
4 not apply, so far as the working Of q Tor
1 feiture Of the office is concerned, anu
hat MIR, Grundy is entitled to his seat
Il Barton X. Grundy.. =
1 water CHRISTIAN, clerk OF the Hastings
/ n Court OF the City OF Rlchmcnd.
re Tpen act ot March q. 1svs, in far as I.
/ provides In section 4 that NO onlelhi ot
Hoard authorized by law 70 Issue ,s eo,S nnx
1 person s, until nil such s,atemen, and oath
shall have been 50 made anI rsud
4 and considered with the other sections =. ny
act. does not prevent the issuance OF a cert-
ficate Of election to a person who mas r sn
who has made verified and filed such st t..
Il mont and oathS with the officer OF pos W.
Y election elapse before the making, verific ga
i ton and filing OF the statement and oatn.
The provision of the as, Sc 10
4. make out and file within thirty Jays aI.sr
the election the statement and oatn p.1,
vided for in the statute and therein set iorth
Il nj length and In detail, l regard as dlrec-5
Z tory 4 merely. so far as the requirement Is
concerned that the statement ana oa5n s s.r
4 tion. ] am impellcd to this conciuslen . se
use OF the provision in section that mo
psrs3n nee e nn, l he shall file the state
ment, oath and duplica tie provided tor&ih tnls
! act, nor shall he receive any salary or any
Sef1ioument for any period prior 70 Viz ilt..ns
b OF the same " ia3i5;.
twill be seen iron, reading OF this sec
ton that there is no forfeiture inposea - ~ ~,
within thirty days after the election, save
/ only until the statement and cath Is filed
mon the discharge Of the duties OF the Office.
nor shall he receive any sa larry or any eniolu.
meni for any period prior 10 the HING Oh
J Again, the only forfeiture contained IN Eths
\ act is found in the provisions OF section :, =
of the act, which by Its express terms n, :
9II There is no con test here, Barton H. Girundy3
was duly elected to the office Of Alderman
intfis s' city On The llth Of June. 1904, and on
the 18th OF June, 1891 the Board Of Conf.
,nissoners met in he CLERKS Office o. the
q Hastings Court Of the city of Richmond and
proceeded 10 open the several returns for.
s. ,heT ELECTION and ascertained from said re-
turns tha, Barton II Gr'indyf had e .
n lion for the Office OF Alderman from Henry
Il Ward. that tho result 50 ascerta!ned was re-
duced TO writing and signed by majority
& OF the commissioners present constituting such
8 board, and was duly attestad By the clerk
( of the Hastings Court ard as such er-of:scio
i clerk Of said hnar.. arss Eas annexed 70 the
Y abstract Of votes cast II SAT- election as re-
Y al!red by law
= And "a rton II Grs-ss, has t4.slF made, cub
m, &
~ the Rrs.inSs Cerrr rs .ase csrg q. Richmond
y q statement and olta az is,artrgt - SAID
and CAR we-s NAB. atrHt3sm a.fs Tied by
said Gryntr III 5r'craasr5 hsr M saba tes- but
no. Ettata t.tt,rsT t;rFs, te1.r Ha,s sS.ts;ea, h
This s-.ers1TT 81 ra,t AZ: IN f.os.sIsets-a
most Esas5sau-1s Gru-4-.,d Wirth tsz- sE.. te
rrrpdnctFe I'd f-sfat Esrns m Hns Gr,-rp1a-
,yea,ca IL Ersa..-u1sa and sut.Eir.r,Ha sF ia
+ trrporsstua I'd sneR and Dr.lil.lIi.# frtsr t1En
\ the aa-.ta.ms Gh fili,t Avn, nv fEl,lE wsthll
t.irtT ssssH r. ~. 9isis9n'''lr @ flHi s'fsea
In u. ssrr ass,in NJ riie n,,;, En-, rRpt3tsis
wso ss3aa ezs;s,nt. finE. urpniiH;i Itiist ~ te-
cone y,1.-tiiE-r Eit.i,ta in W'fF t.r zE5
noneg &C sTa,fr-s N,!ln4tite rtt.lT ~ tssH7.-lcs
Sc.e-s 4. ks ariiINt lJH.rut i!.a ~ u
Irse5. VII. Ait nlirrNasfits. fa ltri,st.a ~ als
frterti A.l,,.Senrs tal ss-T sntctAsrr srt.-ar'
or nSr.S,1Erh-,E st,tSp1i:ti, Is. rrfat-
ing CO stT-rrsts,s IN A.r,'HayMSars. 5r K se-
curing Ie3+sal. t;tLa a;u S,.ctas aEeaI.-EE a. =.
'sasoaahst rrass- at asasE's Is.tas - tsa= q
not .ssa ssssl sEa Efr a,ars tsss f.l:f6- sEt
20 t.a,r!.cr=.t..za m stE1 ssr ps1 b..a iasn ens
nor Essss rtEa tTszFs nsE1st.s-
Ard hF &c. sHcE.ra5 f%.-a.r * ,rss AZ, srT
.efson wfso ska sIaer1s1.- cay, esur-tse, lsaa
or beceerA S.+cr.t-l.rY a4.sbis ~ arF TaT hr.
i any InartY o. aea,sr gzr..asSs ttsrx IN be-
half OF airy csTsf.A5sts tag ct1ss.t st sny cleo
ton. Urinary - rs.t-AE.srias convention held
& IN tfts conan1aawsa..h IL E-Ea.@ !fzh!s IN TIE
saras Isuntss1.szr " 7a5 a fins ssa i'm
And, a'aaais.sa. .sstsoa : u u. ar sa-
rides that "ary --srsoa .atitrs 70 comply With
The above Provisions f.sytzg rstereref 70 ,se-
cath In the r,arnfF aad form aboys pre-
Z scrbed q. e. In section -. shall Re iiatie
In the manner provided IN the section Ard
in addition TO these pJnishn.entt imposed By
the act for the violation Of ita reyera, pro-
visions, there Is the express provision os ssc-
non above alluded to. that ,.no perscsr shall
enter upon the duties 3pt any elective Office
until ne shall have filed tha statement. oath
and duplicate provided for tn this art; mr.
shall no receive any SALARY or any ersoir-
men. {. for any period prior % the tnlag q the
our minds, the question boiled daep is
whether candidate, duly. and truly elected
who has violated none II the provisions OF
tho act In Question either in letter or spirit
and who has made. verified ard filed the
statement and oath required rs he statute,
but not within thirty days, is entIt!ea not
y withstAhning Thai omission. To tEE issuance OF
certsfieate Of election to hin, by the proper
otflcer or board. -
The law does not favor forteiturss me
little 70 thS office u derived from The slact,,r.
BY The voters And WHEREAS II Is .ntlrely
within tbs province Of the Legislature 10 de-
clare that The omission 10 fn the state
fnsnt and oath shall forfeit and sacate Inc
office TO which the party was elected there
must be an expressed or declared intention n
This tnecti or the Legislature, at least nllst
clearly Indicate from 7, fair cdnsssgctkm D.
the Language used in this act ina, TIE r..
quremen' 10 50 make verify and ffls Inc
statement and oath war intended 10 trtyhr
the issuance Of ihs certificate ~ election to
sv the duly elected person linless the s,atsTasr,
VIZ was made. verified and filed within tbt.,v
days after the election ~
For the reasons ah1Te stated d. rnt f4.
!ieve mat this was the intention a The I4g,s.
lature upon fair construction OF thrI a..
guage used, when the wholr act INA ~.
several sections Of ille same are Gonsi1etef
together.
There is a known distinction says ~
Mansfield, between circumstance Mir Il!
81 the essence u a thinl, required 10 ). ,sn,
X by an act Of Parliament and clauses msraf
b directory"
The precise time. In many cases. ia nj. !
the essence. Rex IS LoxdalfN DUR an n,
80 In constituting Ills statute. hold mat ~,
Essence Of the thing % be done that nrn
which The rights Of The public dep b;l.-s II,
making and filing OF the statement and oat
as required By the statute and not the M.
else line when II Us done
it5 In deciding do irnnn{r a., -.