The free lance. (Fredericksburg, Va.) 1885-1926, 1905-10-12
JUDGE SIMS And Mr.. SWIFT
Statements From Them In Reference
to Filing Their Expenses.
They Assert With Confidence That They Have
Complied With All Requirements
Of the Law. Etc.


Complied With All Requirements
Of the Law, Etc.
Ii has been stated that the fact that
Judge +. W. Sims, OF Louisa, Democratic
candidate for the State Senate in this
district. and Mr.. &. r. Swift, of this city
Democratic candidate Tor the House OF
Delegates, did not file "a statement OF
their expenses with the Secretary OF the
Commonwealth, is being used against
them, and much political capital has
been sought to be made OF this alleged
omission.
A representative of this papercalled on
Col. T.. ID. Cole, citychairman 1.-THE Dem
ocratic party, for an interview on the
subject. and he said that he, himself ~
not n lawyer, but that Judge +. W.
Sims. who stands high in the legal pro
fession. is decidedly OF the opinion that
there is nothing in the alleged failure 70
file statements with the Secretary oil the
Commonwealth.
Fol Cole submitted the following let
tiers, az embodying the opinion of Judge
Sims ON the subject, which are published
for the information of the public;
WHAT JUDGE SIMS SAYS.
October ), 1908.
Col. +. d. Cole.
NV Dear Sir: Referring to our CONVEX
sation az to the requirements OF the
statute with respect to-
/. Where the statement Of expenses
incurred in the primary election should
be filed by myself as having been can
didate for Senator and by Mr. Swift ~
having been candidate for the House
Of Delegates OF Virginia:
Subsection OF section l4jA OF Code
of Virginia 1904 seems TO make 1t very
clear that this statement should be filed
by me with the Board empowered by
law to issue certificates OF election IN
such primary and that n duplicate
thereof should be filed with the clerk OF
the county in which | reside. The same
applies TO Mr.. Swift.
Now, in my case the board empowered
To issue certificate OF the result oi the
primary election was made up oil the
chairmen of the Democratic party of the
several counties and the city oil Freder-
icksburg composing the Thirteenth Sen
atorial District, and did, rs amatter Of
fact. within the time limit prescribed by
the statute, file such statement with all
these chairmen and duplicate thereof
with the clerk of the county oiLouisa, IN
which reside
,. With respect TO the notice required
by section l22A OF the Code OF Virginia,
1904. as prerequisite To my name being
nlaced OH the Official ballot 10 be voted
ON November 9TH next:
This statute is very clear to the effect
that only those who are Ito be elected
by the electors OF the State at large or oil
a Congressional district shall notify the
SECRETARY OF the Commonwealth in writ
ing. The statute expressly provides that
any person who intends To be- candi-
date for any office not embraced IN the
foregoing - shall give notice at least
twenty days before such election 10 the
county clerk or clerks of the corporation
or hastings court OF the county or coun-
ties or the city or cities whose electors
vote for such office. As matter OF
fact. | have given the notice mentioned
in writing and attested 10y two witnesses
as the statute requires TO the clerks OF
the counties of Louisa, SpOtsylvania and
Stafford and to the clerk of the Corpora
ton court of the city OF fredericksburg.
. With kindest regards, | remain
Yours very truly.
+. W. Sims.
And again in a further letter on this
subject. dated October 10th, Judge Sims
says:
Section 143 of Code OF Virginia 1904,
clearly does not apply to primary cleo
tions but to regular elections only.
Section ASA, Code OF Virginia 1900, is
clearly meant TO apply both 10 primary
and regular elections, and while provis-
ions of this section az to 1.-THE officer or
hoard empowered by law To issue certii-
coates OF election 10 such office or place
manifestly refers to the Secretary OF the
Commonwealth in regularelection, they
seems To me TO refer, undoubtedly, IN a
urinary election, to the Oardempowered
TO certify the result OF the primary cleo
ton. Under the democratic primary
plan. in my case, the chairmen OF the
democratic committees OF the several
counties and the city Of fredericksburg,
making I'D the district, composed such
hoard: and in your case the democratic
committees of the city OF Fredericksburg
and of the county OF Spotsylvania, re-
spectively, composed such boards.
The proper places for me to file the
statement in question, therefore, were
with the said chairmen and the clerk ot
tho county OF Louisa, in which latter
county reside. All OF this did. SINH
Iarly. Mr.. Swiit's proper places OF filing
such statement were with said commit
tees and the clerk OF the Corporation
court of the city of fredericksburg.
Our right to take our seats in the
General Assembly OF Virginia will depend
upon the result of the election November
7th and our having complied thereafter
with section 142 and section 145A above
referred to by fling another statement
of our expenses, etc, incurred IN the cam
paign preceding such regular election to
secure our election thereat. That state
ment we should file with the Secretary OF
the Commonwealth and a copy with the
clerk OF the court of the county and city
of our residences, respectively.
Yours very truly,
7. W. DlulT.
MR.. swIFT's STATEMENT.
Mr.. G. r. Swift was called on and he
made the following statement;
have complied with every requirement
of the law in regard to filing my expense
account. as | construe the law, and this
is the construction placed upon this stat
ute by the ablest lawyers OF Fredericks-
burg and by Judge Sims This report
that Judge Sims and have failed to com
DIV with the provisions OF the statute
emanate from hostile sources and is being
circulated for political effect. My friends
NAV rest assured that | am the Demo
cratic candidate forelection to the House
OF Delegates Of Virginia from Spotsyl
vania ard Fredericksburg, and my name
"a such will be on the ticket TO be voted