The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-10-12
JUDGE v SIMS
/. CALLS TIL. Il !. ! 4 !.
Writes a Strong Gard in !: Answer VI ::,.
to the Rcpubli- #
cans.
is CLEARLY WITHIN THE i! LAW
State Senators Not Required to.
Il Report to Secretary Of
Commonwealth.

81. Judge F. w. Sims, Democratic nominee
for. State senator from the Thirteenth
District and Mr.. G. r. Swift, House nom-
tinee from Fredericksburg and spotsyl-
vania have been attacked by Republicans
In their district, upon the alleged ground
that they have not properly filed their.
notices and statements as to nominations.
required by law.
Judge Sims has prepared the following
comprehensive statement In reply: It's
&%;;',The statute (sectlon 145a. Code OF Vlr-
ginia, 1900 covers both primary and gem
ments OF expenses to be filed. one OF pri-
mary election expenses. the othor of reg
ular election expenses, and the provision
OF this statute Is that such statements
shall be filed with the officer or board
empowered by law to ,issue certificates OF
election to such Office or place (menning
the office voted for In a regular election.
and the place as party nominee voted
for In & primary election, az the case
may be). Now It is true that the state
ments of expenses incurred in the REGULAR
election, which Mr. Swift, and y will file
within thirty days after November 18th
next, must be filed with the Secretary OF
the Commonwealth, because he |. the off,
Ger empowered by law to Issue Ecertiti-
Gates OF our election at such regular cleo
tlon to the offices for which We are the
candidates thereat. But the Secretary OF
the Commonwealth Is not empowered by
law to issue certificates OF our election at
the primary election held on August %.
1906, to the place of Democratic nonl-
nees. Therefore, he Is not the officer
with whom should be filed our state-.
ments OF expenses incurred In such prl-
mary election. Section 142 OF the Code
Of Virginia, 1904. providing for the Sec
rotary Of the Commonwealth issuing GER
tihcates OF elections, applies to regular
elections only, and not to primary cleo
|, lions. We were not candidates In said
Democratic primary for any Office but
only for the place OF Democratic nom
mess, respectively. There was and is no
officer or board empowered by law to issue
certificates OF our election by said Demo-
cratic primary to the place OF Demo-
cratic nominees. respectively, except the
board provided for In the Democratic
primary plan. In truth, no board has
been yet empowered by law to issue GER
tihcates OF election to such place.
Hence, as the law now stands the filing
Of said statements by Mr.. Swift and my
self with the clerk OF the county and city
OF our residences, respectively which we
did, fully complied with the statute. But,
as In my case. under said primary plan.
the chairmen OF the Democratic commit
tees OF tho counties OF Louisa, Spotsyl-
vania, Stafford and the city Of Freder-
icksburg composed the board alone au-
thorized to canvass the vote at and to
declare the result OF said primary cleo
ton to the place OF Democratic noml-
nee to Which l aspred, took tho addi-
,tional. and believe unnecessary precau-
{tIon, to file with such chnirmen also
statements OF my expenses incurred in
said primary. We have, therefore, both