Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-01-13
S1EWAR1-FOUl.
The Polk and Bradley Contested
Case in the House.
Stewart, Democrat, Rises to q
Qestion Of Privilege,
And Presents a Protest to the
Contest of Fout, Republican.
Full Text of the Resolution and
Protest Filed.
The Matter Read and Lies Over
Under the Rules.

NASHVILLE, Jan. IL.
In the house to-day Mr.. Stewart rose
to a question of privilege and offered
the following resolution and protest;
"Resolved, that James G. Stewart,
representative from Polk ard Bradley
counties, be permitted t. file his an
swer to the notice of contest of his
right to seat in the house, which &C.
companies this resolution, and that
the same be referred to the committee
on privileges and elections, which
committee is hereby empowered to
send for witnesses, administer the oath
and take such proof as may be neces-
sary to read and ascertain the merits
of said cont est"
The following ia the answer:
James g. Stewart, representatiS g
from Polk and Bradley counties pro-
tests against the declaration or notice
of contest made in this house on
the day of this month wherein 1t is as.
sumed ID contest and deny the right of
this respondent to a seat as a member
of this house."
Respondent says that the said dec'a.
ration or notice of conte.t by the par
ties whose names appear thereto is
illegal, insufficient and not sust aimed
by precedent or partiamen entary law and
might well de passed withort other or
further answer by this IT spondent, but
inasmuch as the respondent, who is
willing to have the whole mater in
vestigated and made appear to this
10 lse in truth and in fact, as it exists,
he will reply to the charge in full. and
therefore denies the charge and says
that there is no tie between him and
Fout, and asserts that be did receive a
majority of the legal and qualified
votes in the counties of Polk and
Bradley, and this he is ready and pre-
pared to show by proof.
Respondent says that in the election
in November last, he was legally
elected joint representative from the
counties of Bradley and Polk, and did
! receive msjority of all the legal votes
cast in said election, and if these facts
are not apparent upon the face of the
returns he can prove them by Wit
nesses.
Respondent AYERS that one Ander-
son Bailey voted for l.. Fout, in dis.
trict No. -, Bradley county, and
that said Bailey was not legal voter.
Respondent further AYERS that 8. A.
Kile voted for said Fout, in said elec-
ton, and was not legal voter.
Respondent further AYERS that one
]. Elkins cast one illegal vote in the
district of the county for L. Fout.
Respondent further says that col
ored citizsn of the State of Georgis
cast an illegal vote for l.. Fout in the
fourth civil district of Bradley county
Respondent further says that Alez
Sheptells voted sn illegal vote fol
Fuut at district No. - of Bradley
equity.
Respondent further says that Wm
| Scarborough and - Darens, coloreC
persons, whose names are unknown tt
respondent. and believed to be non
residents, voted illegally for Fout a
Cleveland, in Bradley county.
Respondent farther says that S
Cleveland the ballot box was not care
fully guarded and contained two NOR,
votes and the poll books shove,
which were counted.
Respondent ful ther AYERS that il
three civil district of Polk county on
electOr cast two ballet, for Fout role
up together and one was counted
whentby law both should have beel
rejected. sa&@+ 80.
Respondent further says that in tn
second civil district OF Polk count
one Psylor voted illegally for Mr.. I
Fout. s-.t E"
Respondent is informed and believ,
that divers ether persons, who's
names are not known to this respon
dent. voted illegally for L. Fout j
three districts in Bradley and Polk, a
of which can be shown by proof. '-
Respondent AYERS that all of tn
said illegal votes wers counted for NJ
, Fout. s.. .- e. szazag s....s .s-
r Respondent prays that the contes
ants may file such proof as they de
. sire, and that he be allowed reason abl
a time to produce his proof in reply, an
: that he be allowed to take proof upo
8 such reasonable notice as the bous
may fix upon notice to Hon. H. Ha
ria. -s.#-ar s.r.s
The resolution and answer lies ovs
until tomorrow uuder the rules.
The poll books from Polk and Brat
ley counties were received and referre
to the COMMITTEES on elections.
A resolution wss offered to appoiI
q Joint state debt ommittse, 5whie
lies oyer. s
A dill was introduced to settle sth