The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-12-28
fSnecial TO The statesman. |

FRANKLIN, Dec. 26.-Iherel Is con-
test for the office of county judge in
Robertson county which involves sew
eral intricate legal questions, and it is
exciting no little interest in this sec
tion of the state. On the 18th inst.
Judge z. w. Hall, contestant, filed
suit against Judge John E. Crawford,
contestee, for the office of county
Judge. Returns of the election show
Crawford's majority to be forty-eight,
and he has received the certificate of
election and been regularly indicted
into office. Hall alleges that about
one hundred illegal votes were cast
for Crawford, thirty-nine Of which
were Polanders not legally natural
lied, and seventeen were Cinnamon
who though duly naturallZed in
1874, were not, owing to their
nationality, entitled Standardization;
that number OF votes were counted
for Crawford which had the name
written with pencil other than a
black pencil; that twenty-five such
votes cast for Hall were not counted;
and that Germans voted for Crawford
who were not naturaliZed in accord
ance with law. Hall relies on the po-
sition that aliens must be naturalized
in open court, and are not entitled to
vote by filing declaration OF lnten-
ton before the clerk in vacation, and
that Cinnamon cannot be naturallZed
and are not entitled to vote in this
state.
Crawford answers-first, that the
district court has no jurisdiction to
try an election contest; second, that
contestant has not alleged that the Of
flee OF county judge Is worth $50,
and the court cannot assume
jurisdiction; third, that contestant
mas not alleged that to throw out the
illegal votes would change the result,
anu numerous other allegations,
which only tend to show trit1ing IT,
Irregularities and do not constitute a
cause OF action; fourth, general denial
is entered and explanation Is made
that the colored pencil alleged to have
been used was the purple indelible
pencil in common use. Further an
swering, Crawford AYERS that the pre-
siding officer of precinct No l was not
voters elected no presiding officer, but
polls and with the assistance
of clerks he appointed, held the
election and made the returns, with
out showing that the law had been
complied with; that this precinct gave
Hall majority of 1862. and, the same
being illegal, should lie rejected from
the count; that the returns from pre-
cinct No. were delivered to the re-
| turning officer in an unSealed enve-
lope, and for this and other Irregular
ties should be excluded. Irregular.
ties are also claimed to exist in the re-
turns from the seventh precinct, au-
thoriZing their rejection. Crawford
claims that a number of minors,
several paupers, one idiot and one
lunatic Illegally voted for Hall, and
that the Cinnamon, Germans and Po-
landers who voted for him were
legally entitled to their suffra-
geS. While the decision in the
higher courts upon these vital queS-
tions will be looked for with general
interest, there will be a special impor-
lance attached to those issues relating
to the foreign element. There is some
curious legal lore connected with the
question, as to whether Chinaman
alien has a right to become an Ameri-
can citizen. The contestee in this case
apparently admits that under the law
now in force Chinaman cannot be
naturalized, though in 1874 he could
be. The contestants in this case are
extensively known. Judge Crawford
has practiced law in this district for
several years, has credibly served the
people in several official posi-
tions, and is prominent
Democrat. Judge Hall is a Repub-
lican; was a senator in the twelfth
legislature; in about 1870 figured con-
spicuously in the Limestone county
troubles, and in 1878 was elected
county Judge of Robertson county
and was removed from Office before
his time expired. This official contest
will be tried before the Hon. w. L
Collard, district judge Of the ninth
judicial district. on he first Monday
in January, and viii no doubt be an
interesting trial to the country as well
as those concerned