Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-02-13

county Judge OF aaid counties. art
icles liza and iT16 Sayiet' Dlgcst) The
commissioners courts then. having no
right 10 canvass tho returns for rep
rcscntative. their canvass ana estimate
was a nudity, and n certificate VI same
proves nothing.
Every opportunity was given contest
ant 10 get the proper evidence before
this committee. II he had made appli-
cation Tor a subpoena he could have
had the county judges OF said counties
hcre; his failure TO do so can be charg-
ed TO no one but himself.
The burden OF PROOF was upon con-
testant. lie relied solely upon said
certificate. which. establishing nothing,
naught is left 10 your committee but to
report TO the house Recommending that
the contest be dismissed and the con-
ieatee be confirmed in his seat. he be-
ing legally and justly entitled to the
same.
PATTERSON. chairman;
GOOD,
6iARONEH,
JENNINGS,
ROBBINS,
OWSLEY.
BRIGANCE,
HARREI1.,
RUDp.
Following is the minority report:
Hon T. S. Smith. Speaker OF the
House-A minority OF your committee
ON privileges and elections, to whom
was referred by resolution the contest
cases for seats IN the house, with in
structlons 10 investigate said contests
on their merits and report, have had
the contest OF N. H. Haller contestant,
against II. c. Dun. ooutestee, under
consideration. and submit the fol-
lowing:
In pursuance to the resolution OF
the house instructing the committee on
privileges and elections 70 investigate
the contest cases on their merits and
| report its findings 10 the house, we beg
TO submit the following report:
!. We find that on November G, 1894,
at n general election held in the For
tieth representative district OF the state
Of Texas. composed of the counties OF
Brazoria and Matagorda, that X. c.
Dun received in Brazoria county 1ii2
votes and in Matagorda county the
said r. c. Dun received 1888 votes. ag-
gregatlng 1910 votes, for representative
to the Twenty-fourth Legislature.
9. And we find that at said election
contestant, N. H. Halter received In
Brazoria county 1886 votes and In Mat
agorda county 1874 VOTES aggreEating
1860 votes for such representative.
9. We further ind that on November
I nNt 1919 Allt NbhiAS JAhhN VI AaAdGNAAu
county. who was the returning officer
for said Fortieth representative district,
estimated the returns OF said two coun-
ties. and that the returns from Mata-
gorda county omitted 10 show that the
said Halter received any votes In said
county and that said Duff had received
1873 votes.
We further find that Haller and Dun
were present when said returning officer
opened and estimated said returns, and
that said Halter objected to the certi-
1 ficate of election being issued TO MIR.
Duff. and stated that he got votes in
Matagorda county, and that the re-
! turns were not full returns, and re-
quested the said returning officer to
wait and he would go over TO Malta
gorda county after the full returns,
! and 1t was refused, and he did go over
TO Matagorda county and found out
that he did get the votes there. Halter
| told Mr.. Dun at the time that he. Duff.
/ had admitted that he had only hea.
| Halter four votes there, and Mr.. Dun
replied that his information was pri-
vate and not official. pnd thcreupon
[ the returning officer issued the oertlh-
| cate of election TO Il. c. Dun, dated
November 30, 1894
| 4. We further ind that the contest
was filed by the contestant on January
4, 1896. and served on the contestee on