The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-03-07
DECISION FAvORS
.LYNCHBURG VETS
Result Of Local Option Election
i'll December Is Sus-
taincd.
"DRYs' TAXED WITH COSTS
Contestants Satisfied That Law
Does Not Provide for
an Appeal.
Especial 10 The Times pispatci, +,

i'7!'tei'ii ~ I've lInSS- lis 0'al.
Lynchhurs, Va. March SIN a
lengthy opinion, covering many pages
OF typewritten matter Judge Frank p.
Christian in the Corpora ton Court. to-
day denied the petition OF the ..drys''
Tor 4 new election. and sustained the
local option election held in Lynchburg
on December Q, 1910. when the city,
after having been dry for nearly two
Years, voted wet by.a ma jority or
cightE-fvc votes.
No appeal was noted ana none will
be taken. II is said because the conn
sci for the contestants arc satisfied
that the law does not provide for an
appeal In such litigation,
In deciding the case against the con-
iestants, Judge Christian awarded COS 3
against them for The entire procedure
Judge Christian was unsparing in his
criticism Of the registrars whose work
was involved In the case. several times
referring to It as "gross Ignorance and
negligence, though atthe same time he
held that their work was not the sub
jcct Of review. either by a co,r, or b.,
tho election Judges
AS To Major \ p. percytand rhouia s
}. O'Brien, Federal jury commissioner
and Federal commissioner. respcctively,
the court held that they served illc-
sally. though this could not be held to
vitiatc the result Of the election in the
rrcSihcts IN which they oiiiciatei
No Charge of Fraud.
t!c declares that neither in tho pIoad-
ainSs nor in tho proof is there nny
charge Of fraud. corruption or evil in
tention on the part Of tho election OIL
Gals, but what is urged by the con
testantS was the result OF ignorance
and negligence. Hence lie declares:
II must be assumed that the election
OF December .. 1910. was a full fair
and tree expression or the voters OF
t|ynchhurg upon the question of licens-
Ing or not licensing the sale Of intoyi-
eating liquors, unless certain irreeu
iarities set forth in the petition are so
essentia to the integrity OF its deter
lhlnat,on that they amount to unfair
ness or make it impracticable from The
result TO gather the will OF the quail.
ned voters in reference thereto"
Grounds Of Contest
continuing, lie said: "rhc !lrst ground
=. contest is the fact that Percy ana
y brien, two judges OF election 70.
spectively. held Federal Offices. 'rbere
- NJ evidence or charge that either OF
tnesc ofticers In any way Influenced The
'esu'' or that IN the performances If
.neir duties their conduct was omen "a
the slightest criticism or suspicion -,
mat tho electoral Board had any sin
,steE motive In appointing them But
IT Is claimed that thc.Tnere- fac, ma,
these Judges OF election we're l.ederal
ofhcers vttiatcs the result in their r..
sPectiVe precincts, however fnir Ana
Just It may have been.
V perfectly true tsat each Of them
was DISQUALIFIED and would have been
removed n Application had been made
20 me court. and the character az thosc
Jh"ses as citizens and lawyers is such
as 10 compel tho belief TIA, a. ,il,n
attention had been called to thehc iis.
qualifications neither of them wo,,ld
have served 80 t,on,nain 80.
Continued on Third payel mi m