New-York tribune., 1895-02-12
FIGHTING FOE FREE GOVERNMENT
H. CLAY EVANS PRESENTS THE LEGAL ASPECTS
OF HIS TITLE TO THE GovERNoRsHIP
OF TENNESSEE

OF HIS TITLE TO THE GOvERNORsHlf
OF TENNESSEE.
Nashville. Tenn. Feb II (SpeciaD. D.-Henry Gay
Evans (Rep), who shown by the race vi '
official returns was elected Governor over Fe'e'
Turney Dem). the present incumbent to-uds'
through his attorneys. filed his answer 10 '"e .
ton of Mr.. Turney In the election contest case
answer Is Of great length and comprises specihc re-
plies TO every allegation made by MI luiheS' ~
also specific charges of ndirecton. irregularities u
frauds in a number of counties. to wnch ior"ia' w
lection was made by Mr.. Evans when the returns
were published by the Speaker. The answer III -
emphasizes Mr. Evanss protest against the proeeeu-
ings adopted by the majority Of the Legislature
upon the grounds OF unoonstuonaty. as SHOWN
in the protests entered upon the journal. lie IN
ssts that the Contest act is retroactive
and that i, does not allow the con-
testee to be heard in person or by connsei
before the Joint convention. thus denying him whom
the p.ople have chosen Governor the right accorded
by the Constitution Mr.. Turney's petition he says
does not meet the requirements OF the act Is "o.
sufficiently specific. and Is In the main s'rhs VI
generazations dealing in matters not bearing on ine
merits Of the controversy.
The contestee calls attention TO the fact that ny
ono NJ tho provisions of the act all charges made IN
tho netIticn which are not denied to be consid-
cred true The answer says: This narrow pro'i-
sion cuts off all usual modes OF pleanns KNOWN |"
the courts OF the country by when material o' III
material and irrelevant arguments may pe iSioie"
49, d,snosed Of otherwise than by denials Especially
&c this most remarkable provision In the lnVestiea
,,o, ~ an election in which not the candidate only
Inn, tho naople of the State have an interest ana d
r,gh, N have full investigation OF the truth Oh
everv charge with view to arriving AT d" 'ie
facts This provision ignores the right OF the peop
~ choose their own officers but making II pos'loe
to defeat that choice by techn'caI''eS Vi pea.,
which do not even obtain In courts "nere p'""'
,,,vors and nrIvate rights are alone at issue
The answer then takes up seriatim the a''esa
,,an. n, Nr Turnev in regard to the election he'd
for Governor on November 6. 1894 1t insists tnae %
- cav Evans was elected Governor anu zen henie g,
that Peter Turney received the tna, the act of 1892
which declares that election Judges mius. - noli
certain specified evidence OF the payrIec ons,,,u,on'
uh,cb nrovIdes that a voter may be required 70
produce the Judges Of election sassiaWr W R,vans
aains IN further that the contestant does not
complain, except in few Isolated onfestee
bbrs bo ,bat Tho laws OF the State were "systemat-
ically deliberately and Intentionally ignoreu h con-
precincts and in the counties mentioned oi h
ies,ant The contestee then answers specifically the
charges made by Contestant Turney OF e:eGGn 5 nf
regnaties . oh,ec,sd IN tne se sv Mr. Tnrney
Mr. Evans then re-entering his protest agahst
the unconstitutional pro cesdngs by Gicn nwarnor m Of
Tennessee. enters at length into detalied cou'e T.,
charges Of election Treguares ana sraudS and ds
tricts where he charges that the pole-taX law was
violated and votng-places where other election ir'
The petition Of Mr.. Turney and the answer OF Mr.
Evans together with Mr.. Turney's final replicato
charge Of by the committee Of investigation. which
will begin work & few days The committee me met
man and Representative Fitzpatrick (Dem) secre:
tary The chairman appointed subcommittee OF
four. with RepresenatlVe JARVIS a. a nna re
rules under which the committee will work