The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-11-11
The Method of Procedure.

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Washington Special to New York Herald
Mr.. Thoebe, of Covington, Kv., who ran
against Mr.. Carlisle confirms the statement
already published in these dispatches that he in
tends to contest the election Of Mr. Carlisle
He alleges that after the contest, when Mr. Car
Isle admitted his defeat, arrangements were
made by which the back counties were to in
crease his vote, and that the returns were so
'doctored,n Anticipating this line of action,
he had friends who watched the conduct of the
polling officials and who asked to be present at
the official count. This was not only denied to
Mr.. Thoebe's representatives but their request
was regarded by those in authority as imperti-
nent and unwarranted suspicion. In one in
stance he alleges his friend was hustled out Of
the building and threatened with punishment
and injury if he did not go away.
Taking testimony liz contested election cases Is
not an idle job. The United States statutes pro-
vide that within thirty days after the result OF
the election is known the person wishing to corr
test must give notice in writing to the person
elected of mis- intention, and in such notice he
must specify particularly the grounds upon which
he relies in the contest Mr. Carlisle will then
have to answer such notice admitting or deny-
ing the facts alleged therein, and stating specif-
cay any other grounds on which he rests the
validity of his election, and shall serve q copy of
his answer upon the contestant Ninety days
are allowed for taking testimony, the first forty
being occupied by the contestant, the second
forty by the member returned, and the
last ten by the contestant in rebut-
tai only. Provision is made giving the contest
ant every privilege necessary to establish
his claim. After depositions or testimony is
taken it is forwarded under seal to the Clerk of
the House. The expense attending such o con-
test is usually quite large, and must be paid bv
the contestant, the law forbidding payment out
of the contingent fund or otherwise to either
party to contested election for expenses
incurred In prosecuting or defending the same.
The task in this case would be finished early in
March next and perhaps before that time
In the meantime the Secretary of State for
Kentucky will have forwarded to the Clerk of
the House the certificate of Mr. Carlsle's cleo.
ton. That is all the law requires, and after the
expiration of the present Congress on the 4th of
March next the Clerk will make up the
roll of the Fiftieth Congress. The names
certified as elected will be given to the
sergeartat-arms and from that date members
elect receive their pay. Now it is understood
that in the event Mr.. Thoebe shall demonstrate
with any reasonable certainty that fraud was
committed In the preparations Of the returns
after March next, Mr. Carlisle will resign his
election and the Governor of Kentucky would
then have to order new election Confident
that In square issue Mr.. Carlisle can maintain
his popular majority he could then again be a
and by so decided vote no one would
care to contest If he was defeated he would
prefer, it is said, such result to contesting his
election with anybody If this plan is followed
Mr.. Carlisle can again be the Democratic Speaker
without hindrance, so that all speculation about
who is likely to be the next Speaker, if Mr.
Thoebe does comply with the law in contestinc
the election, may DO considered at an end for
months to come