The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-05-18
tee on Treasurer'S and Comptroller's Depart
ments.
Mr.. Carroll is man of fine parsonage and
is decidedly pleasing in his manners
Report OF COMMITTEE I'm Ih~ Cn.c OF Won
BibersIeIn ". Nudrr.


BibersteIn v. Wudcr.
Under suspension Of the rules, Mr.. Ches-
ley presented the following report and reso-
luton:
Hon. T. r Bonner, Speaker Of the House
Of Representatives.
Your Committee ON Privileges and Elec-
tions 20 whom was referred the contested
election case from the thirJy-ninth Repre-
resentative district, H. X. Won Biberstein,
contestant, V. A. W. Wilder, contestee, beg
leave to report that after careful and
somew hat lsborious investigation they have
arrived at the following result:
They find from n certificate under the
hand of the returning officer that the con-
restant appeared from the official count to
have received 2S44 votes, and the contestee
1854 votes, being a majority of ten i'll favor
Of contestee. That, upon a recount of the
court house box No. 8, at Brenham, the
contestant had two more votes than are
shown 10y the certificate, and the contestee
five votes less than the certificate shows.
Upon recount of the box at Klmbro's
court house, Chappell Hill, contestant had
two votes more than are shown 10y the GER
titicate and contestee had six votes less
than certificate shows. That upon re
count of box No. 16, at Long Point, the
contestee has one vote less than is shown
by the certificate. That upon recount
of the colored Methodist church box No.
6, at Chappell Hill, the contestant has one
vote less and contestee one vote more than
is shown by certificate. Making net
gain by the recount to contestant of three
votes, and a net loss to contestee Of eleven
votes.
And your committee further report that
-, IL.
sons voted illegally at said cleo
tion who cast their ballots for contes-
tee as follows, to-VIt: Five who were non
residents of the county, three who were mi
nors, four who had not resided in the coun-
ty six months next preceding the election,
one who had voted out of the precinct of
his residence and one who is generally
recognized and known to be an idiot was
caused to deposit IL ballot for ContCstee,
making total of fourteen ballots cast il.
legally for contestee.
Your comm ttee also find from the evil
| denCe that there were two persohs who had
not been residents of the county for six
mon ;hs next preceding election that cast
theiI ballots for contestant.
Your committee further report that upon
an examination of the ballots cast at the
court house box at BRENNAN one ballot was
found with no number on ii, which pur-
ported to have been given for contestee ;
this ballot was rejected by the committee,
making an additional loss of one vote to
contestee at that box.
The result of the above statement is as
| follows:
Contestant received, ss shown by certificate . 1914
His net gain upon recoun. OF ballots
l.. ,n, ., aa45
Correct statement of votes for contestant. 2345
Contestee received shown by certificate. 1854
Loss by recount of ballots. II
LOss by rejected ballot.
Loss by Illegal votes thrown out ID
| Total loss a6
Correct statement of votes for coniestee. -. 2s2s
Making a majority of II votes in favor OF
contestant.
In consideration of the premises your
committee recommend the adoption of the
following resolutions:
ResOlUed, That the contestee, A. w. Wild
er, not having received n majority of al
the legal votes cast ut the late election IL
the Thirty-ninth Representative District fo
Representative to the Fifteenth Legislature
is not entitled to a seat in this House.
- Resolred, That II. r. Won Bibenstein
: having received majority of such vote
cast in sail representative district for Rep
resentatlve to said Legislature, be, ana n
is hereby, declared To be entitled to a sea
upon the floor of this House as membe
from said representative district.
CHEsLEY, Chairman.
Mr.. Chesley moved to postpone consid
Grafton to Monday, May 10, that the re
spective parties may be heard by their at
Jorneys.
Mr.. Haynes moved to amend by inserting
cat O'Clock p. NJ"
Mr.. Watson moved to lay the motion tC
postpone on the table. Adopted
MIR. Chesley moved that the attorneys OF
both parties be permitted TO address th'
; House on the resolution offered by tht
committee. Adopted.
The attorney for the contestee declined
to address the House at this time, as h,
was not prepared with his argument.
The attorneys for contestant also de
clined to address the House, deeming it no
necessary, unless argument should he made
by the opposite party.
A motion to adjourn failed.
On motion OF Mr.. Pickett the House re
copsidered the vote to adjourn.
Mr.. Coleman moved to amend the Fesolu
tion of the committee by striking out 81
majority" and inserting 1.-THE highest mum
beI." Adopted
The report Of the committee, with tn
Hon. II. Il. Won Biberstein was calleC
TO the Speakers stand and the oath admin
istered to him.