People's party paper. [volume] (Atlanta, Ga.) 1891-1898, 1892-09-02

one OF the witnesses who undertook
to tell what the vote was at the diff
terent precincts. Over Prooter's OBJ
lection this evidence was admitted.
Law seeks the purest sources and
the highest evidence. The returns
themselves were the proper testimo-
ny, and while they existed and were
accessible secondary evidence was
barred. In the war of the court
room substitutes do not enter.
This, Mr.. Speaker, is fair state
ment of the case. I challenge its
correction. Then where are the
proofs to unseat Proctor? Here is
Anthony Wilson in court; his evil
dence, agreed on, before us; and yet
search it through, from its alpha to
It's omega, and the case droops of its
own infrmity, and carries It's death
wound upon its face. ! claim that
the case ought to end here. That as
lar as the legal record goes, we should
60, but no farther. / claim that
where legal principle stands out
clearly it should be to us what the
lighthouse IS to the mariner. Other
wise, In a blind pursuit of what we
may imagine to be better, we are led
hlther and thither by a treacherous
will OF the wisp. But, sir, it is claim
ed that after the investigation before
the Justice was finished, Anthony
Wilson did get the rejected returns
and hand them to the Justice. The
Justice certifies that they were hand
ed him after the investigation was
over. Then | say that they came
TO late, no matter what is in them.
The statute fixed the time, the place,
the manner. 1t said to him: ''The
doors are open you shall be heard,
your witnesses examined the facts
committed to writing" II he made
out his case, all right, if he did not,
upon him lies the blame. When the
evidence was agreed on and the
Justice had certified and the exanin-
alton finished, it was finished for all
time. The door was closed and no
man could pronounce an 'open Sc
same" which could unbar it. Imagine
twelve of you impanelled as jury
to try cause, the evidence is offered,
the case is closed and you retire to
determine your verdict. Where is
the man who would say that one of
the parties could come to your door
and tell you fact which he had for
gotten to mention on the trial? Yet
gentlemen seek to do this thing here.
They claim that the ordinary rules Of
evidence do not apply to these cases.
McCreary, on contested election, page
271, declares that the ordinary rules
of evidence do apply.
On page 254 it declares that the
proceedings laid down by statute for
contested elections must be followed.
On page 800 1t declares that that
evidence taken after the time fixed
for taking evidence shall not be con-
sidered.
Again it is declared that the sit
ting member must be put upon notice
of the evidence by which he is attack
ed. He has the right to know, to
prepare to meet, to cross-examine, etc.
Then how can gentlemen insist upon
the testimony of which Proctor had
no notice, which was taken after the
time, and taken in a manner which
violates the letter and the spirit of
the statute. Anthony Wilson, is in
the meshes of his own mistakes. His
own errors like Aoteon's hounds,
threaten to be his ruin. If he, having
a good case, has failed to present it
and now seeks to tear down all rules
to save himself, he but joins the host
who having chosen the law refuses
to stand by it, and charges to the
law what is due to his own folly.
Gentlemen claim that the two re-
turns directed to the clerk were i'm
properly thrown out. | say SO too.
They say that the two returns which
came after II o'clock were properly
rejected. I deny it. The managers
still being in session the vote should
have been counted. Counting the
two that they admit, who is elected?
The gentlemen say Wilson. The evil
dence does not say so. Counting the
two they reject, who is elected? No
man knows. Gentlemen talk loudly
about recording the will of the peo-
Pile, no matter what technicalities
are il the way. And yet here lies
upon my desk two returns, and the
envelopes have never. been opened !;
what they would say no one on this
floor knows. They are here silent,
Memnon-ike statues, that no sunlight
has yet warmed into speech.
Now, Mr.. Speaker, if this House is
determined to override all rules, and
go back to the simple question, "Who
was elected" let it go to the ballot
boxes or the returns. Let every
vote be counted unless fraud vitiates.
But if we are to settle contest,
started by these two men, the law
decides how it shall be done, and
let us stand by it's requirements.
We need no apology for standing by
it. In matters divine, in matters
human, in matters natural the law is
paramount. and swin0S it's scantre