The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-11-13
TREHY MUST SHOW !
LIST OF VOTERS.
Supreme Court Upholds Mart.i
damus Issued by Judge Me- q
Lemore in Norfolk. u,
PEATRoss TO MAKE CONTEST
On Face of Returns, Noriollsy
Clerk Won by 90 Out of
7,512 Votes.

demand 20 any citiZsn. was established
yesterday Afternoon when tho State
Supreme Court of Appeals refused to
reverse the decision OF Judge Nc
Lemore. OF tho Circuit Court OF tho
city of Norfolk, ordering James y.
rrehy. clerk OF the Corporation Court,
of Norfolk, TO surrender tho poll books
in the recent election to Richard W.
Peatross. In the State election OF No
vember q. Trehy was reelected over
Peatross. candidate OF the Citizens
party, b. a majority or 90 votes IN
i.ol2 cast. PcatIoss has given notice
or his purpose to contest the election, :.
but when his attorneys went to Tricky
TO obtain the poll books to be used In
preparing the petition for recount,
Thorn. 80
Counsel for the defeated candidate
at once applied to Judge McLemore for
writ CT mandamus to compel TrchyY
10 surrender the poll books for inspec-
tion. This writ was granted on Tues
Jay afternoon Trehy's attorney, Wal
ter H. Taylor. insisted upon taking an
appeal to the State Supreme Court. ana
presented his argument yesterday
morning to the full court. Inspired RI
haste by tho fact that Peatroes musr !.
ME his notice OF contest before to- =
morrow night. the judges Of the su--.
preme Court went into conferences i'm
mediately, and unanimously agreed 70
ahrm Judge htcLemoro's decfaton
File Contest To-Morrow.
ihiS action by the Supreme Co,rry
means that Trchy as custodian of no,rl
DOCKS, must to-day surrender for the
. -, Oh MS opponent tho records
80 peisoh6 voting In the recent cleo
ION ne Suspension OF the mandamns
aitowed by Judge McLcmore expircs
.his AFTERNOON. and Peatross.s attor-
"e!s can then pcruso the poll books mr.
WIN. Ii is expected that the defeated
eandidate viii file his petition tor con
test Tomorrow IS
The refusal OF Mr.. Trehy To ALLOW,
ms opponents lawyers to see tha noI,
DOCKS created sensation in Naren,i
"u Aau the effect OF rekindlirp ,baa
neeh interest evinced during rho ,,st
aays or tho campaign. Mr.. Trehv was
oa.eriy 10 iSht for recollection 70 tha
T,ioe OF clerk OF tho Corporation Co,,rr
nor,.. iV, OF the Democratic
paIts' VINO organized az the Citiyen.,
par'S' and supported Mr.. Peatros. -,
oppna,lion to Trehy, the organizat,on
""uiuate In tho general election.
Are Public Documents.
renna us,ncation or his refusal to sur-
Troh, o poii books for inspection.
tbe.a aesiared In his petition that
enese books arc tho propertv =, ~.
n.a.e, and that to allow them - ~
'sen oy any one would be a yioiatinn
o. the right OF secret ballot r. 49,.
pointed out by Peatross's attornas,. 49,.
sna. me right of secret ballot 10 ~
| ,, "eu In tho matter, az tho Nil
the nos smoM only list OF tho names OF
,he persons voting. without tndicat,na
nov they cast their ballot.
,uoge McLemore. I'm holding that thn
POI poti DOCKS are public property bad
mas always been my idea maj
pUi DOCKS opened by the commissIons
ers or election and filed WIFI, ~
clerks office are public docr,a atn the
| it VIII now require more than . 49,, ~
GUS argument to convince m, 49, -,
/ View is Incorrect 'iite my
II Is a record which belongs To ~
,s' anu In my opinion, any citIzen
aas right to see 1t. If no one hut,
MI, o 80, VINO has the custody OF the
| pom DOCKS has n right to seo ,ha,,
the books as record OF the afa.t;a,,''S
/ would guarantee the votcrs no nrota,,'
l'oh. as It would be possible for com
,'iissiohers OF election to change them
any way they might see At.
}. me poll books are committed Ia
~ ne o.crh not as his property, but ia
believe any citizen has tho right y, :
| Inspect them" 10
Permits Immediate Use OF Hook.
in i'M orfoiH yes AFTER 1t became known
the supreme Court nad daniaa t Rii
Trehys apPleation for writ t" OF er MG;
Of aounse eiTOfS or ths t 5amss
eannsaI t5s took up with Mr.. Trehys
court clerk would inst u wnsth WaI, the
until the expiration OF the Circuit
mittns sin nspeng order before per-
Mr.. Heath stated later that lie had bees,
assured assure, that Mr.. Trehy's attorneys
The examination Of the books To Begin
~ once; few hours afterward Gha
T rahy wo Myers n Wsre notified that Mr.
VIC eNamnatlon immediately and =
shortly before o'clock last night they,
Trehy Issues Statement
,o Mr., rrehy last night issued the fol-
Il declined to exhibit the mil hoo,.s
70 counsel for Mr.. Peatross because
WAS SAC, aGvised by my counsel that / had ,
Having heard that the Court of APP
tSa o haS ,desidSd otherwise slthougL
Appeals has not come down to Norfolk.
ana although tho order suspending the
readx nn Sill rsmn Az In force
the poll books III every way. and have E
offered to allow the inspection to begin
/
der provided that tho examination
| should be made only between the hours !,
| OF a. NJ. and q T. NJ
II am entirely satisfied that the most
careful examination or this election
VIII snow th9t l was duly elected, In
now sought by which to wrest from
me the Office that l have fairly won" Il
/ VIII Continue Fight.
| Norfolk, Va, November 12.-At u
mass meeting OF zoo Citizens party
sympathizers tonight $500 was rnis-
/ ed TO carry on the fight against tho
Democrats organization. II is pro-
posed to induce voters to pay theirS
i poll taxes so they will be qualified to
/ vote In tho councilmanic election, 10
be held In June.
Former Police Justice Bruce Sim
mons, who was removed by tho orssan-9
/ izatton, was among the arst to con-
| tribute S25 TO help tho cause along