The free lance. (Fredericksburg, Va.) 1885-1926, 1905-10-14
JUDGE SIMS ON THE PRIMARY
EXPENSE MATTER

Judge +. W. Sims. of Louisa, Demo
cratic candidate for the State Senate
has sent this paper further statement
ON the subject Of the proper filing Of eN
penses beion the primary OF himself and
Mr.. q. r. Swift, OF this city. the Demo
cratic candidate for House Of Delegates
Now it il true that the statements ol
expenses incurred in the regular election,
which Mr.. Swift and will file within
thirty days after November 9TH next,
must he filed with the Secretary OF the
Commonwealth. because he is the officer
empowered by law to issue certificates
| of our election at such regular election
| To the offices for which we ARE the candi-
dates thereat. But the Secretary Of the
| Commonwealth il not empowered by
! law To issue certificates OF our election
at the primary election held on August
| -. 1908. to the "place' OF Democratic
nominees Therefore. ne is not the Off
Ger with whom should be filed our state
ments OF expenses incurred in such pri-
mary election. Section AZ Of Code OF
Virginia 1904, providing for the Secre-
tary of the Commonwealth issuing GER
tihcates of election, applies 10 regular
elections only and not to primary cleo
tons. We were not candidates in said
Democratic primary Tor any coffee. but
only for the place OF Democratic NOM
inees. respectively. There was and is no
officer or board empowered by law to
issue certificates of our election by said
Democratic primary to the "place' OF
Democratic nominees, respectively, eX-
cept the board provided for in the
Democratic primary plan. In truth. no
board has been yet empowered 10y
law To issue certificates Of election to
such place. Hence. ~ the law HOW
stands, the filing OF said statements by
Mr.. Swift and myself with the clerk Of
the county and city Of our residences.
respectively. which we did fully com
piled with the statute. But. as in my
case, under said primary plan, the chair
men of the Democratic committees Cf the
counties Of Louisa, SpOtsylynnia, stat
! ford and the City of fredericksburg com
posed the board alone authorized to
canvass the vote at and to declare the
result OF said primary election TO the
"placp" of Democratic nominee 10 which
aspi ed, took the additional, and be
lieve unnecessary pWcaution To file with
such chairman also statements oil my
expenses incurred in said primary We
have therefore both fully complied with
the statute with respect To said primary
election.
Should this construction % the statute
be incorrect, and should il be- held that
the statements OF primary election ex-
penses must be filed with the Secretary
Of the Commonwealth. that would not
affect the validity of the election Of Mr.
Swift and myself on November 9TH next
nor prevent the obtaining ourcertliicates
OF election: for such statements may he
filed with the Secretary OF the Common
wealth at any time before his certificates
of our election ARE applied for; it being
we'll settled that such a provisiOnas That
of the thirty day clause in this statute Is
not mandatory but directory merely.
But the further provisions OF the statute
"a to the certificate of the Secretary al
the Commonwealth make still palmer the
position | take above that only the
statement of expenses incurred IN the
regular election has Ia be- filed with the
Secretary of the Commonwealth bciow
h. can issue such certificate.
Our Republican friends therefore may
~ well make up their minds to accept
their approaching defeat nj the polls ~
signedly without indulging in any delu-
sive hope of defeating the verdict of the
people at the approaching election
(which they have maniiestly already
realized will b. against them 10y any
technical devices whatever.