Evening star., 1945-09-30
Fenwick Backs
Collins After
Losing Contest
Defeated Nominee
Urges Supporters to
Vote Party Ticket

leSG lllSllt pioillioCu W SuppOIG Lewis
p Collins for lieutenant governor
of Virginia, following a decision
earlier in the day by Judge Julien
Gum of the Richmond City Circuit
Court, which took the Democratic
nomination from Mr.. Fenwick and
gave it to Mr.. Collins.
In telephone message from Vir-
ginia Beach to Edmund C. Camp
bell, his Arlington campaign man
ager, Mr.. Fenwick said he intends
ito vote for all of the Democratic
nominees" and urged his friends
to follow suit. On the basis of Off
cial returns, Mr.. Fenwick had a
Statewide lead of 572 votes in the
August primary.
The official order supporting Mr..
Collins contest of the Fenwick NOM
ination will be signed by Judge
Gum in Richmond tomorrow.
Meanwhile, attorneys for Mr.. Col
Inns began drafting notices to all
Virginia election boards to substi-
tute the name of Mr.. Collins for
that Of Mr.. Fenwick on ballots for
the November 6 general elections.
Both Sides Blameless.
In his decision, Judge Gum alb
solved both Mr.. Fenwick and Mr..
Collins of any personal connection
with the Wise County irregularities.
Judge Gums action, throwing
out more than $500 votes cast in
Wise County because of election ir-
regularitieS gave Mr.. Collins a COM
Portable majority. Mr.. FenWick had
received plurality of 3,l85 in Wise
County. Mr.. Collins charged the
balloting in Wise was fraudulent.
When his attorney sought to ex-
anime poll books under a court order
Is were missing.
In the light of the court order,
Mr.. Fenwick said last night:
Il accept the decision, although
regret that hundreds of honest
citizens in Wise County are deprived
OF their vote in the primaries be-
cause of the wrongful acts of few
individuals. l intend to vote for all
of the Democratic nominees and
urge my friends to do So"
Fenwick Thanks Supporters.
Mr. .Fenwick said he had previous
ly stated he did not desire and would
not accept a single illegal vote.
I want to take this opportunity
to thank the thousands of support
ers who voted for me and my many
friends who stood by me during the
period of this contest" he declared
Mr.. Collins was not available for a
statement last night.
Arlington County and Alexandria
election boards will have to throw
away thousands of ballots already
printed with the name of Mr.. Fen
wick as candidate. Electin officials
eplalned the ballots had been print
ed early because the War Vote Office
in Richmond needed hundreds in
advance for absentee soldier voters
Walter T. Oliver, secretary of the
Fairfax County Electoral Board, had
refused to order the 10000 ballots
required for Fairfax voters because
he said, Il was convinced the con-
test would be upheld We saved the
county. quite bit of money"
New Ballots Needed.
Most Of Virginia's counties anc
cities will have to reprint ballots
completely because of the early re.
quirements of the War Vote Office
and State law requiring printing
of ballots go days in advance of &
general election.
Meanwhile, Cumberland Count,
grand jury, investigating alleged
election irregularities in counter
charge brought by Mr.. Fenwick, re.
ported that the absentee voting Law
had been abused, but added it!
count of the total county was tn,
same as that reported by election
judges
In Wise County a grand Jury in.
vestigating the alleged irregularitieI
and the theft of the 25 poll book
was scheduled to resume its investi
cation Wednesday after a recess.
Judge Gums three-page decision
stated that he was most reluctant
to enter the order, because in do.
ing so, am depriving the registered
wish of those citizens of Wis,
County who voted in the primary
But under the law I am forced t.
do so. An order to that affect will
be entered upon presentation"
The text Of Judge Gums de.
cision follows.
Text of Courts Ruling.
The text of the opinion:
This contest ends in this court
there is no appeal, therefore, it ha.
given me the most serious concern.
The contestants have been repre-
sented by most able counsel, ane
their presentation of the case shows
that they have been painstakin,
and diligent in ascertaining tn,
facts relating to the action.
Il may say right now, that I an
persuaded that neither candidat,
was cognizant of the violation O
the law by the officials in Wis,
County.
These gentlemen are recognized
sS being of the highest characte,
and unimpeachable integrity, ant
they would not be a party to an,
violation of the election laws, no
would they be recipient of frau,
il the procurement of nomination
"As result Of the primary hel,
on August 7, 1945, the candidates TO
lieutenant Governor were Levi
Preston Collins, Charles r. Fenwicl
and Leonard G. Muse.
"Col. Charles r. Fenwick, havin
received the greatest number o
votes, was declared the nominee TO
lieutenant Governor.
Lewis Preston Collins becam
cpnvinced that the election held il
Wise County was illegal, so retaine,
counsel to represent him. Thes
gentlemen applied to the clerk o
Wise County for permission TO ex
anime the poll books and document
pertaining to the election, and thei
request was denied, in which tn
clerk was justified, because unde
the law no one has access to the POI
hooks unless by order of the court.
'Mr. Collins counsel came to thi
cpurt and obtained an order permit
ting thems to make an examination