Telegram-herald. ([Grand Rapids, Mich.) 18??-1892, 1891-03-18

'iei2l vote FOR senator was George T..
Horton fRep-i BIS. James II Nor
FoF ID "a s. O. IN l. c. Chase l,l59
giving Horton - plurality Ca jan
L AF. Morrow He'd a aotiee of con
test on the following grounds:
FIRST, shat there were gross irreS-
uiarities and frauds il the conduct OF
election and counting the ballots n
Hudson Under this il Is claimed that
there were only os3 votes east for
senator while ssT were returned By
The board. and that for County clerk
the board certified aai returned a
total OF 500 yotes, or IL more
than eoull have been legally cast;
that {. g Pease, deputy sheriff
Was gatekeeper at the entrance 20
the booths and at the close OF the
polls acted as al Inspector, though
he was not sworn; that the ballots
on the completion of the count were
thrown into a booth and left u1gardsd
and that liz ures on the tally sheet
were changed The contestant also
made the following claims:
Second, George Il. Horton, at the
date OF election. and for long time
thereafter, was pos master at Fruit
iddge, having held the office for seY-
eral years, ana until his successor was
qua ii ied anu commissioned, which was
not until December last; therefore he
was Ineligible 10 the office OF senator
in the legislature. ana all votes cast
for him were void.
Third. there were Illegal votes and
gross Irregularities in the city oi
Adrian. whereby petitioner was de-
priyed OF sese' Il votes, and unlawful
ballots were given George -. Hor-
ton. (a) In the Third ward OF Adrian
go le-se students no r sidcnts OF Adrian
but res iiienfs OF other states, were
by Republican board registered aud
their votes received Other voters in
this ward were Illegally and unlaw-
fully refused registration, and dcprit ed
OF The right To vote, VINO II permitted
10 cast vote would have voted for
petitioner % In the Fourth ward
during temporary abSence OF the chai-
lenger two Republicans not registered
were permitted 70 vote, and voted Tor
Mr.. Horton, such votes being illegal.
Fourth. the ballots furnished By
the secretary OF state were not uni-
70 m in color or weighr, and 70 mark II
was the difference that there was no
secrecy In the ballot, whereby many
Republican voters in the fear OF their
employers were constrained 10 vote
for Mr.. Horton. VIII would otherwise
have voted the Democratic ticket or
portions thereof. including petitioner.
In the strong Eepublican precinct. OF
Ogden the inspec tors prepared bal
lot-hox with trant parent glass sides,
so the color ana kind OF ticket voted
could be easily told by the voters, and
the secrecy OF the ballot was thereby
evaded and ignored to the detriment
OF the petitioner
In the report made to the senate on
the 24th OF February by senator
Park. the report on which Mr.. Horton
was unseated. there is no reference
made 10 any OF these counts except the
one charging that on the day of cleo
ton Mr.. Horton was holding the OF
flee OF postmaster and WAS therefore
Ineligible.
On the 18th OF January Senator's
Park, Miller, Wilcox, Milnes and Gar
veIink were appointed committee TO
investigate the chargrs made In the Pc
tition and protest. They proceeded TO
Adrian ami Hudson and examined wit
nesses. On their way back from the
last meeting at which they took evil
dence. Senator's Mines and Park had
some converse ton. in which Senator
Mines gave as his opinion that the
contestant had no ease at all Sen
ator Park responded, Il do not think
we have any ease unless IL IS on the
postoifice matter. We have room Tor
argument on hat"
TWO weeks la Ter, when Senator Mil
mes was away on cefrmit.ee duty, the
attorneys in the case came to Lansing
and made their arguments.
On Monday, Feb. &c, Senator Horton
went to Senator Mines and asked II
his case could not be d!spose,Nri. He
WAS desirous that the committee
Should ut together and report one
way or the other MIR. Mines asked
Park about II, and the latter said that
he had been away on the fisheries com
mittee and had had no time to call
the special committee together He
did not think he could do II until after
The 50-day limit, as ne had a great
many bills TO prepare. Mr.. Mines IA W
him again a few days la ter and urged
that the committee be got together.
Park again said that he could not do
II until after the J0-d9y limit. SEN
ator Wilcox also urged Park to call
the committee together, and with the
same result.
This was the condition OF the case
on the morning OF Feb II. Upon
that day. in the absence OF other mem
bers Of the committee. Mr.. Park made
report which recites the action OF
the senate in giving the COMMITTEES au-
thority D act. and continues:
I'm pursuance OF the above action OF
the senate. the committee met ut room
9. Emery house. Adrian, on the 10th
of January, at . \. NJ, all members OF
the committee being prescnt. which
met from time % time Of the said
place and also at the village OF Eud-
son, and took al! testimony offered by
the respective parties. until said case
was closed, which said testimony is
herewith submitted TO the senate.
Your committee further report that
on the 4th day OF November. 1890,
Mr.. Horton was III fact. and to al in
terte and purposes, a post master. act
ing under and by virtue OF his commits
Sion issued To him a long time prior
thereto by the United states govern
ment. he having control OF aid office
and was lia.bis for all mlSdoings per-
tanning thereto. II was contendcd by
counsel for Mr.. Horton that hp hi A
reeigned his Office on Nov. /. the same
to take Immediate effect. and that
this relieved him Of his diequaiIiica-
ton. The uad.sputei facts in conncc-
ton with this proposition are "a fol-
lows: Horton testified that he mailed
his resignation 20 the department. at
Washington Nov. |. and IL appea rs
in the record that his successor was
not appointed u1til Nov. II. that he
qualified on the 18th day Of Novem.
Der, and that his commission bears
date Dec 3 following.
Wa think this Is clearly a violation
OF section q. article 4. of the couesitu-
ttoa a. the state OF Michigan. and ha re
tAy decided that al votes cast for MFR.
Horton. while holding the Office ~
poe master as aforesaid. were abs,.
luteiy void
II VIII he noticed that this rurnorfs
70 De report % the whole committee
When- rs q matter ~ fact. the commit
,ee had not been called together to