The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-06-23

returned was 1875 Third Lee, where
the total vote returned was lilo;
Fifth Lee. where the total vote re-
turned was 775; Third Clay. where the
total vote returned was 2.a5o; First
Madison, where the total vote re-
turned was 24so, Second Madison
where The total vote returned was
2.4c5; Third Madison. where the total
vote returned was 1910.
In each OF the remaining precincts
in the city the total vote for members
OF the House OF Delegates was not en-
actly Invisible by ave. which indicates
that the election officers in these ff-
teen precincts did not adhere TO the
plan OF your committee Either one OF
two things is true. viz: that the otfi-
Gals in the seven precincts above emu
merated were right in rejecting all
ballots which did not contain exactly
five names and the officials In the re-
naming fifteen precincts were wrong,
or else the officials in the seven enumc-
rated precincts were wrong and the
officials In the remaining fifteen pre-
cincts were right
Whnt the Court Held.
Your petitioner is advised that the
Law and Equity Court of the city OF
Richmond has recently decided that the
act of Assembly approved March IA,
1912. known as the Byrd primary law
applied 10 and governed the procedure
OF the recent primary Under section
!. of the Byrd law il is provided that
'hc general election statutes OF tits
state in relation To the holding OF elec-
lions. counting ballots. etc. shall al
Ply to all primaries. Section 1871 OF
the Code is as follows: III a ballot is
found to contain a greater number of
. "a ~ ntt,a ..f'i h-., tt,n
Der OF persons required to nil the said
office, or II the title of the office is
erased. the said ballot shall be con-
siderod void as To all the names desig-
mated TO fill such Office. but no fur
Their, but no ballot shall be void for
containing a less number Of names than
is authorized 10 be inserted therein"
II your honorable committee shall be
of opinion that the primary plan con-
trolled the recent primary. rather than
section 13l OF the Code, then the meth
Cd of counting the votes in the seven
enumerated precincts was right and
the method adopted in the remaining
fifteen precincts was wrong On the
other hand, If section l3l OF the Code
shall he held 10 override the party
plan. IL follows that the method adopt
ed in the aforesaid seven precincts was
wrong. Your petitioner respectfully in
sists that he and every other candidate
for tho Legislature was. and is. en-
titled 10 have the votes in the whole
city counted by some uniform metf Cd.
and he Is advised that an injustice has
been done him by reason OF failure on
the part OF the election officers to fol-
low such uniform course. He de
sires TO leave it 10 your honorable BODY
To sa = whether the irregularities above
mentioned occurred in the seven enume-
7; ted precincts. or whether such irree-
ularitics occurred in the remaining ff-
teen precincts
Says There IL No Dispute.
OF the fact that Irregularities and
inaccuracies did occur somewhere there
can he no DISPUTE. and therefore. your
petitioner is advised. and respectfully
insists. that he Is entitled to n rc-
canvass OF the returns and n recount
of the ballots in each of tho twenty
two precincts in the city OF Richmond
for the House OF Delegates
Your petitioner feels that II is his
duty as Democrat. to file this peti-
ton. in order that>the cloud OF uncer-
taint%. which now cnvclops the re-
cent primary. may be dspelled. and he
feels. under all the circumstances that
it is not only desirable. but necessary.
that "A recount should be had in order
to satisfy the Democratic voters of the
city that the i've Democratic nominees
on the face OF the returns actually did
receive q plurality of the votes cast.
Your petitioner has left with each
of the other candidates for the House
of Delegates n copy OF this petition.
and he now stands ready to deposit
with the chairman Of your committee
n sum sufficient to cover all expense
attendant upon q recanvass and n re-
count.
Respectfully submitted.
JOHN a. CURTIS