The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-10-02
TURNbULL APPEAL
NOT YET FRAMED
Time Short. and Action Must Be
Quickly Taken If State Body
Is to Settle.
NO CONTEST IS SUGGESTED
Attorneys Noted Appeal and
Have Given No Indication
OF Contesting Vote.


last night looking TO an appeal by
CONGRESSMAN Robert Turnbull from the
action of the Fourth District Com.
mittee in awarding the certificate OF
nomination to Judge Walter A. wat
son. Time is short, and whatever Is
done. must be done quickly Only a
short two weeks remains before The
entries are closed in the ONCE OF the
Secretary OF the Commonwealth.
1t will be noted that no word has
been spoken. nor suggestion made
looking to a contest by Mr.. Turnbull
A contest and an appeal should not
be COMPOUNDED. When the certificate
was given Judge Watson Monday night
in Petersburg. the attorneys Tor MI
Turnbull noted an appeal to the State
committee. They did not note a con-
test nor did they at any time in the
proceedings hint that there would be
one.
Go to District COmnittee.
In fact, it seems doubtful if a con-
test can be prosecuted before the State
committee. Under the Byrd primary
law. ii is expressly provided that In
cases of congressional primaries. the
contest must be had before the dis
trict committee. with the right OF APP
peal to the State committee. There
fore. II would seem the contestant. II
one should appear. must first take his
case before the Fourth District Demo-
cratic Committee. Mr.. Turnoul has
made no move to do so.
On previous occasions, the State
committee has swept aside technicaH-
ties, taken cognizance of contested
matters and settled them. But there
To-
District primary was held. The COM
mittee might now take a different
view.
Rights Of Appeal.
As the case stands. the attorneys
for Mr.. Turnbull have reserved the
right to appeal to the State committee
from a decision Of the district COM
mittee. This decision simply consisted
in giving to Judge Watson the -certlh-
cate OF nomination over the protest OF
representatives of the incumbent. This
protest was based on the fact that the
committee opened and canvassed the
returns sent in by the precinct officers
OF election, without first having been
canyassed by the local committees and
without comparison with the poll
books: that only one poll book was
used at each precinct, as sent out oy
the Secretary of the Commonwealth
instead Of two. as prescribed by the
committee in arranging for the prl-
mary. that the returns from Amelia
County were reported to have been
made out by the judges OF election
from memory: that the date was not
affixed to the return from Wilkerson
Shop precinct and the fact that the
three men who signed it did not say
on the paper that they were the Judges
Of election.
On these points Mr.. Turnbull has
an undoubted right to appeal, ano
might, before the State committees, Sc
cure a ruling requiring the production
of the poll books, and their compari-
son with the Official returns.
Action II Withheld.
But he has made no move boxing 10
contest, nor have his attorneys
charged illegal voting or fraudulent
acts in connection with the election In
fact. they emphasized the statements
Monday night that they had made no
suggestion of wrongdoinG in any way
Should they desire to do 50. il seems
il must be done before the district
committee, under the law, unless the
State committee disregards the statute
and takes jurisdiction
1t is also worth noting in this con-
neCtion that the attorneys Tor MI.
TurnbulI agreed in the Petersburg
meeting that there could not De a re-
count Of the ballots without contest.
So it seems the State committee could
hardly have a recount, since contest
must go first to the district commit
tee, The ballots might be gone over
by consent Of all parties.
Acting under the original ruling OIL
the Fourth District Committee. Chair
man Robert Gillian had sent out in
structions to county committees to
canvass the returns from precincts and
send him the result, in accordance with
the old party primary plan. Later
having sought legal advice with pro-
vision Of the new Byrd law before him,
he found the returns must be sent d.
rect from the precincts TO him, and he
thereupcn wired all the county and
city chairmen OF the change. He was
criticized by attorneys for Mr.. Turn
bull! for making a change in the pri-
mary plan without consulting the en-
tire committee.