The advocate and Topeka tribune., 1893-02-01


besa cast GoE ballots which had actually bssn
voted. The animus OF the man is shown By the
testimony OF g. W. Campbell, who describes Ar.
Thomas conduct while he CThomasl was reading
the ballots. Mr.. Campbell says:
During the hr,t part Of the count, .Mr.
xnC%ns s 70 Ss ws y Pssea ss s Tne ac c5ss
gHthering mp handfuls OF tickets and throwing
s6 & os tas ne boSII-rSsh,ng H gS Syer e enc IL sss sn
set arepuhlican ticket. read It ont very distinct;
pat when hs yould set z Peoples party ticket.
die of the cou ot. the Peoples party tickets com
msnced 70 gain. and came up within four or nve
@BIr Thomas commenced to get nervous. and
would take ticket out of the box bsfore Mr.
After While. As soon as he had given Brooks 8
ticket, be would take out another and opsn IL
And look at 1t. He would take them down on
his lap and appear To be opening them. After
he had taken down from hftesn TO twenty, as
near as could tell, Mr.. Bailey made the charge.
Your committee respectfully submit that the
testimony clearly shows that Mr.. Thomas should
be prosecuted and convicted Of felony for vio-
lating the provision of section 219 OF the act re-
IAting TO crimes and punishments. and that Il
the proper officers fail to bring him TO justice,
they win be grossly derelict In the performance
OF an important public duty.
It was clearly proven that n. L Richie. whose
legal residence was in Salt Lake City. Utah, and
who was personal and political friend OF Mr..
A~-SASOAt
Council Grove, bat the testimony does not show
explicitly for whom he voted for representative.
and Tor this reason your committee do not take
note OF that vote In their summary.
As concluAions, your committee md that IL
legal votes were cast for said H. z. Richter By
the following named persons. and at the pre-
ciucts stated. namely:
g. W. simcock, Second ward city of Council
Grove, nonresident.
f1aoroa ore, TIfghlaud fr,--y,ahsr,
L. A. Wismeyer, Council Grove township. nom
resident.
Joseph w. Kikels, First ward city Of Council
Grove. nonresident.
G. H. Griffin. First ward city OF Council Grove.
nonresident.
A. n. Borne. Council Grove township. nom
resident.
Jas. Gaskins, Second ward city Of Council
Grove. nonresident.
Your COMMITTEES further ind that the two bal
lots cast at Skiddy precinct, In Rolling Prairie
township, headed respectively, Democrats
ticket" and Prohibition Ticket" each OF
which contained the name OF w. H. White for
representative. were legal ballots, and ought to
have been counted for Mr.. White, and that they
should be allowed to him in like manner as IL
the judges OF election had duly counted them for
him at the time
Seven illesal votes mentioned above were cast
judges Of election. Two legal votes cast for Mr..
White in Ohio township were rejected. Allowing
Mr.. White these two votes, and deducting from
Mr.. Richter's majority the seven illegal votes
mentioned viii leave majority In favor of Mr.,
White OF one vote. But your COMMITTEES find
from the testimony already referred TO, and
particularly that given by Messrs. H. II. Bailey,
g. w. Campbell. and C. h. Titus, that Mr.. c. L.
Thomas, one of the judges OF the election held
destroyed from seven to twenty votes which had
been cast for Mr.. White and substituting in
their place an equal number of votes or tickets
bearing the name OF Mr.. Richter, all OF which
tickets so substituted were counted and re-
turned as having been cast for Mr.. Richter. If
the lowest number testified to by the witnesses
be taken as correct, then Mr.. White was de-
prived of seven legal votes cast for him in Ohio
township. and Mr.. Richter was allowed seven
Illegal votes In that township, making differ
encs of fourteen, which added to the one ma
jority already mentioned, would give Mr.. White
majority OF fifteen. This wiz be seen from the
following table:
Total number of votes as canvassed for Mr..
Deduct seven Illegal votes named above '''0
and seven fraudulent votes in Ohio town
ship maxi ....:..--......s.......... "A
L.eaving in favor of Mr.. Richter 1884
Total vote as canvassed in favor of Mr..
Add two votes rejected in Siiddy precinct
Add seven votes cast but not counted in
Ohio township ........................
Making total for Mr.. White OF. .. 1879
Mr.. Richter 8 actual vote. ............ 1854
Majority for Mr.. White. .............. 15
Your committee are satisfied beyond ali doubt
that Mr.. White, contestant. received the highest
number of votes cast for representative for the
Fifty-seventh district, and was therefore duly
elected, and ought to be admitted to seat In
this house as q member from Morris county.
Your committee therefore submit to the house
for Its consideration the following resolutions:
(House resolution No 49,
Resolved, ThatH e. Richter was not duly elected
representative for the Riftv-seventh district
Morris county, and Is not entitled to seat as q
member Of this house,
Reaolved That w. II. White. having received a
majority OF ali the votes cast by the electors of
Morris county, at the election held ON the 9Th OF
November, 16eA for representative for the Fifty
seventh represen tative district was duly elected
such member. and Is entitled to a seat in this
house as such representative.
Respectfully submitted. A. h. LUPFER,
Chairman Committee on Elections.
Laid over under the rules.