Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1910-12-14

the demurrer, and Wise was found
guilty of misdemeanor and his
punishment fixed at confinement in
the Jail Of the city Of Richmond for
ninety days. Wise, by his counsel,
presented his petition 10 the Su.
preme Court of Appeals of Virginia
for a writ Of error. which was de-
MED by that court on the 10Th Of
April, 1906, thus establishing the
consttutiUnality OF the act to secure
the regularity an purity of primary
elections.
AS you base your letter largely
upon the decisions of the Norfolk
judges, which is directly opposed
to the decision of the Supreme
Court, l might stop here and be
justified in my position. But l
think it but fair to the people of the
Second District and to the officers
charged with the management OF
the party holding the primary, to
state that upon complaint OF fraud,
the charges were at once investi-
gated. a new primary ordered and
neld, aud result reached which is
free from all faint or charge of
/ fraud so far as l am informed.
Third. Looking at the request in
your letter from the standpoint of
the State, l beg to remind you that
If a special session of the Legisla-
ture should now be called, one of its
most important duties would be to
6 ect a successor TO Senator Daniel
and thus deprive the people of the
State from deciding by primary
who that successor would be, and
SO defeat the declared policy of the
State in respect to the choice of
United States Seators.
Forth, | do not think, with a
law declared 10 be constitution
by our Supreme Court making the
provisions regulating and contrUll-
ing general elections applicable TO
primary elections, and under which
we have lived since 1904, and which
three Legislatures have declined to
change, although two bills were
Otfe red to the Legislature Ct 1906
one to the Legislature of 1908 and
four to the Legislature of 1910, none
of which passed beyond its first read
ing, that l would be just led il
calling a special session of the t is
lature.
Fifth. An extra session of the
Legislature would cost inevitably
from sixty to sixty-five Thousand
dollars, and perhaps much nor e
While no expenditure would be too
great, were the purity of our cleo
tionS at stake, such an expenditure
l in the circumstances, would be un-
t reasonably burdensome to the tax
Q payers of the State.
: In conclusion. l presume the lei
= ters of MessrS. Echols and McIntyr
r. have convinced you that you wer
e not correctly informed in respect I
y the recommendation for legalize
/ primary in the report Of the specia
e committee charged with the ihvesti
: CATION of the frauds in the Secon,
II District primary. And now tina
o your attention has been called i
r the decision of the Supreme Cour
: in the case of Jackson Wise, and t
the duty of the special session,
d called, to elect United States Sen
u ator to fill the vacancy occasio let
by the death of the beloved and |;
o mented Daniel without the opportu
l. nifty for a primary, and to the enol
:, nous expense Of an extra session,
q trust you will agree with me tn;
? my decision not TO call the Legisl;
% ture together is wise and for I'll
1t best interests of the p, opio Of tn
)t Commonw ealth. Certainly this
l. my conclusion, and is one to whic
c. | must adhere.
a Very respectfully,
lie WILLIAM HoDGEs MANN,
"A Gnvarnnr nf Viruinia