The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-10-10
ONLY MANNING
AND WILLIAMS.
They VIII Be Tried To-day, But
Other Election Cases
Go Over.
DEMURRER is THE CAUSE
Counsel for Culberson and Others
Raised Complex Constitutional
Questions; Judge Takes Time.

i
Raised Complex Constitutional
Questions; Judge Takes Time.
The cases Of Ntessrs. A. 3. Williams
and Chris Manning, jim indicted for vo-
lation of the Barksdale pure election law,
in connection With the city Democratic
primary election, held in June last, will be
called and probably tried In the H,lst-
lngs Court to-day It Is understood that
counsel but that Mr.. Williams will be
his own lawyer md will content himself
with making o plain statement to the
court and to the Jury OF his actions
which led to his Indictment by the grand
jury.
Tho cases against H. 8. Culberson,
Jackson Wise, Sam Goldsteln, j. II. Bcv-
eridge Peter Krug, j. w. &Perclval and
Robert Lee Syrcle indicted by the same
grand pury for frauds in the same cleo
ton, will not be called to-day and may
never be.
Mr. H. NJ. Smith and w. II. Sands,
counsel for the two first named, yester-
argued that they should be quaslicd on
constitutional grounds They were replied
to briefly By Commonwcalth's Attorney
Richardson. and Judge Witt took the
papers to give the case due Gonsldera-
ton and in a few days perhaps, Will
render n decision on the constitutional
points raised. A decision In favor of the
defendants will of course, put nm end to
their cases.
Crowd Disappointed.
The crowd that attended the opening
Of the Hastings Court yesterday morn 4
Ing expecting to hear the trial Of Cubor
son and others, was disappointed, but
many In the crowd fingered to hear the
argument on technicnlities. They were
we'll entertained. for Mr.. Smith was as
usual interesting, as We're also Mr.
Sands, and Commonwealth Attorney
Richardson. who replied to them with
considerable vim. The lawyers quoted
law and decisions of tho higher courts
of Virginia and other States, world
without end. The argument consumed
an hour and a half and at its conclusion
Judge witt said the cases were impor-
tant and he would take time to consider
the points raised. In the meantime sthe
Jury had been dismissed until this morn
Ing and the members were not required
to sit n the box and listen to the dry
argument Of counsel on law and authorl-
ties tiE
Associated with Mr.. Smith are Messrs
J T.. Kelley and Gilbert Pollock. while
syrcle Is being represented by Messrs.
4. H. Sands and John Blake, but Messrs.
Smith, Sands and Richardson only took
,art in the argument on the demurrer.
The Law in the Case.
The law under which Culberson. Wise,
T 0nroi 4 n
syrcle are being prosecu ted Is embodied
n an act approved January II, 1904, which
las been Incorporated into Pollard's
code.
It's title is as follows:
Fan act to amend and re-enact chap
er 10 of the Code of Virginia in reference
o general and specific elections; when
md where to be held; regulations for
heir conduct and government; compen-
alton for services In election"
After going into great detail about gem
raj and special elections, tho statute
avs: g1 III s4sj. l,4
mo person shall vote at any3legalized
election for the nomination of |
ny candidate for office unless he is at.
he time registered and qualified to vote
]. the next succeeding election.
"2. In all cases where by Its plan of |
rganization or otherwise any political
arty in this State requires It's candidates
o be nominated, by primary elections,
UGH elections shall be conducted by the
Judges and clerks. or other officers des-
grated by the proper committee or other
'roper authority of any such party, and
'nder such rules. regulations and re-
uirements as may be prescribed In the
,lan adopted by such party
3. All laws intended to secure the regu-
orit nd triy 0f CIR, md
cctlons and to prevent and punish any
orrupt practices In connection herewith
md the penalties and punishments now
II hereafter prescribed by law for such
'ffenses, shall, so far as they may be
pplicable, apply 10 all primary elections,
whether the same be held under any
tatute law Of this State or under n plan
provided by some political party"
Title Faulty.
Counsel claimed that the titlo of the
above act under which tho men were
indicted, is fatally defective, in that it
locs not convey an adequate idea OF the
ext OF the act Itself. Mr.. Smith quoted |
section 81 OF the Constitution, which |
says:
mo law shall embrace more than one |
object, which shall be expressed In its !
tile; nor shall any law be revived or
amended with reference to is title, but |
he act revived or the section amended |
hall dc re-enacted and published at
ength.'
Mr., Smiths demurrer TO the indlct-
pcnts Is based solely on tho consti-
utional point thus raised, his objections
'eing that the title embraces moro than
me object, and that ono of the objects
S not embodied in the act. Mr. Smith
urther showed that chapter 10 of this
ode makes all the criminal laws per-
aiming to elections applicable to prlma-
les, whereas the penalties for such Of
'enses are prescribed in chapter 1855 lie
said that the election law, as It appears
o-day Is decidedly lncongruous, as the
provisions pertaining to primaries We're
Inserted In such a way as to mar Its har-
nony.
The addition, he thinks. was made In
room. and seemingly without |
careful regard for concord or consecu-
tiveness. Al any rate, tho title of the |
act gives absolutely no idea OF the fact |
that the statute. In addition TO general |
and special elections, also refers TO prima-
riag