Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-21

Dallas, Tex, April 20--(Special) y
! Bryan Il. Barry has opened the ball and
/ w &. Conner will have to fight for the
| position which he now holds. Quo war.
! ront proceedings were instituted today ia
Judge H. -. Burke's court, as follows.
| The State of Texas ex. rel Bryan
| r. Barry vs.. w. g.. COhnor In the
district court, Fourteenth judicial dis
tIict.
In the name and by the authority Of
| the state Of Texas, John +. Gillespie
/ county attorney Of Dallas county, Tex,
on the relation Of Bryan 4. Barry against
/ W. g. Conner. In tho district court "
The Fourteenth judicial district pre-
seuts:
That said Conner. hereinafter styled
| defendant. and the rclatOr herein. were
| at a regular election held April 4, 1898,
| for the election Of mayor, candidates
/ for the said office of mayor. 20 which
/ both were then and there eligible aud
/ received, according to The official returns
of said election, 1869 and 1876 votes,
| respectively being largely In excess OF
! the votes cast for any other candidate
Tor said Office; and thereafter, tO-wit:
ON the 9Th day Of April, 1893, the city
/ council Of said city, canvassed said re-
! turns. and, ascertaining from the face
thereof. that tue said defendant received
plurality Of all the votes cast. awarded
him the certificate Of election, and he
has since been In possession Of said of.
fee
That. In point Of fact, the relator re.
ccivcd more legal votes than the said
defendant, and II plurality of the legal
ballots cast
That said city contains more than TO-
600 inhabitants, and has special charter
and under the constitution and laws ~
the state Of Texas aud the charter aud
Isa.a.s % 4 ~ a
Of preventing aud detecting fraudulent
voting aud insuriug q fair election oil
ballots cast nc each and every election
therein axe required To- be numbered.
That the law In respect % numbering
the ballots was carefully observed Ia all
Of said wards except In wards Nos p
3. T. y and -. whore In total disregard
of the law and Instructions Of the city
attorney, the presiding officers and mat-
ayers of the election failed aud omitted
to number any of the ballots cast, aud la
ward No i, whore they failed aud
emitted 30 number thu FIRST ten " the
ballots cast. aud that the uunumhprcd
ballots thus cast aggregqtmg lIl1, were
by the managers of said election, con-
trary % law counted
That the defendant received his lurg-
est vote la SAID wards. Nos. . aud e.
whore the safeguards OF the law were
thus disrcgarled, and excluding said
liiT unnumbcred ballots FROM the COM
putatiOu OF the remaining ballots duly
numbered, the rclator received III votes
more than the said defendant. aud "a clear
plurality Of all the votes cast at said
election and was, IN fact, duly elected.
And the county attorney aforesaid, by
the relation aforesaid, further presents:
That, in addition TO the aforesaid illegal
ballots. the. following Illegal ballots We're
cast ut said election In said ward No. l
for The said defendant aud were counted,
cuuyussed and returned for him and in
cludcd In the aggregate vote announced
for him, namely:
The votes Of Bud Daley. ]. l.. Maho-
ney and Jerry Rogers who were ut the
time of said election and during the
progress OF voting confined IN Inc Gala.
boose of suld city for the offeusc of
drunkenness IN a public place OF which
each had been duly convicted and fined
In the sum of So, which anc was then
aud there unpaid That before the close
OF THE bullOting an official OF said city.
who was partisan Of the defendant
aud acting in his interest corruptly pro
posed TO the aforesaid persons and 10
any other qualified voters who might be-
confined In s0id calnbOOse 10 release
them from custody without the payment
OF their Tines aud before the expiration
OF lhelr term of confinement II they
lwoud vote for the defendant. that The !
aforesaid persons accepted said proposi-
ton aud were thcrcupOn dschar gcl from
custody, and pursuant 10 the terms and
conditions Of such release, cast their mi.
lots for the defendant
Ana the county attorney aforesaid.
does iurther present thar he has reason |
10 believe and does believe. tint graya
frauds and irregularities were committed |
~ the, Fifth ward Of said city, against
the relntor "s"'"''
That excluding the aforesaid logoI
ballots ana correcting the errors md |
lIltgulaHues committed in the Fifth |
W"'u 1S 9lnn's'iid, the rclator received /
az salu election moro votes tlnu the |
ueirhdnnL or any other candidate for |
snld Office, and that he received N Mn |
ralily Of all tho legal ballots cost os |
aforesaid, and was duly elected IN snid /
nulcr, ana entitled % be installed there .
IN ana said defendant h an intrrden
aud should be ousted thercf,nin Tl,at /
the said Office Is of the value az SaNO
per month, $500 per unpuu. ma SICno
Tor the entire term wow
WHEREFORE, prpmFes vOnsidarad tbe
county attorney aforesaid. upon the re.
lsluh aforesaid prays leave 20 leave this
lnl"iuluuon, and that the defendant he
ciIe herein, and TO show by what an.
thorlty he holds the said office. and man
Hhhl nearing, that judgment b. rendersI
ou'ting him therefrom, ANA estahlisbin"
'N' Ilsht OF the relator thereto and far
1u1U, "hd ior further general and snecial
Fvn.tI JOHN T.. GILLESPIE.
county Atty Of Dallas County. Toy
HARRIS & KNIGHT
IT, Nj. ErHRlDGE
Slot. "a ~ Counsel.
4, hryan II Barry, relator In the fore
gong information, on oath state tLot tbe
i1ets therein set forth are true TO the
oest OF my knowledge and belief
~, BRYAN n. BARRY
mere Is certain to he n bittcr f.bt
lelMoen the fncIinns frnm nn,r ~. "n"e