The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-11-12
SUPREME COURT TO
HEAR NORFOLK CASE
Judge McLemore Rules Trehy
Must Produce Books and
Appeal Is. Taken.
After Being Opened They Are
Public Property Ele Says
Ruling Suspended Pending
Hearing by Higher Court.

tSpeciaI to The Richmond Nirginian-)
NORFOLK. VA. Nov. ii.-Poli books,
after being opened by the election
commissioners and dled in the office
Of the clerk OF the court. are public
documents subject to inspection by
any citizen. according TO the ruling
today of Judge James l.. McLeinore, OF
the Cits Circuit court. upon the petit
ton of Il. W. Peatross for mandamns
compelling James V, Trehy. clerk oil
the Corporation court, TO permit him
To see the poll books used in the
elections here November 4th.
Judge McLemore entered on order
directing Mr. Trehy to allow inspec-
ton OF the poll books. but upon the
motion OF MIR. Trehy's counsel sQs
pended 1t until o'clock Thursday af-
ternoon 10 AFFORD time for an appeal
TO the Supreme court. Lawyers re-
presenting both sides will present the
matter TO the Supreme court not later
than Thursday morning,
No Need Fer Argument.
In the city Circuit court today James
e, Heath. T. u. Savage and Cadwana
der j. Collins appeared for Mr.. Pea.
tross. r. Randolph Hicks represented
Mr. Trehy. Before the lawyers had
concluded their argument Judge Nc
Iemore interrupted with the deciara-
ton that they need go no further with
the debate as to the law affecting this
petition.
TT has always been my idea" sait
the Judge. that poll books, opened BY
the commissioners of election and hiee
in the clerks office. are public docu'
ments and II will now require more
than a specious argument to convince
me that my view Is incorrect 1t IL {
record which belongs to the citizens
and in my opinion any citizen has
right to see II. IL NC one but th'
t/ficer who has the keeping Of the pol
books has the right to see them. th'
books as a record of the election woult
guarantee the voters no protection, al
il would be possible for commission
ers of election to change them in an,
way they might see At. The poll books
are committed to the clerk, not as hi
property. but to be kept In trust TO
the people. and I believe any citixei
has the right to inspect them
Argument For Tr~hy. d
In reply to the argument of Mr.
Savage. representing Mr., Peatross n
to the legal right of Mr.. Peatross T.
inspect the poll books in connection
with his proposed consent of the re
election of James v. Trehy by ma
tority of 100 votes in the Novembe
| 4th elections, r. Randolph Hicks, conn
sci for Mr.. Trehy. commended that t
open the poll books TO public inspec
1 ton would be destructive of the citi
! Gems constitutional right of secret bal
! lot. IF have been candidate i
/ an election and you give me free ex
cess to the poll books" he said.
/ can come pretty near finding out VIII
voted for me and who for my oppo
nent." Commenting on this argumen
later Judge McLemore said 1t wa
/ more specious than real" because
would also be possible to ascertain in
| formation OF this character by Keep
! ing check upon the vote at the polls
Given Four Days.
| Losing in the fight against the man
4 adamus petition. Mr. Trehy's counss
moved for . suspension Of the orde
| Immediately after the judge had An
n0anced his decision.