Mississippi leader. (Jackson, Miss.) 1892-1895, 1895-01-01
NEWMAN VS.. SPENCER
The Grounds OH Which the
Democrats Seat Will be
Contested.
Fraud Charged and MISSISSIPPI
PTS Constitution Assailed.
Populist Leaders Sowing to the Wind to
Reap the whirl-wind.

The following notice was served upon
Hon. J. G. Spencer, and similar notices
have been served upon Messrs. Allen,
Money and Williams:
HAMBURG, MISS, Dee. 10, 1894.
Hon. J. G. Spencer:
SIR-Please take notice that Intend
to contest your pretended election on
the 9th day of November, 1894, as a
member of the fifty fourth congress of
the United States from the Seventh
district of Mississippi, and to maintain
and prove before that honorable body
that you were not, and that was, in
reality and truth, elected to said con-
gress as the representative from said
| district.
And hereby specially allege and
state the following named frauds and
violations of law, which 1 charge were
committed both before said election
and on the day thereof, in arranging
and preparing therefor, in the man.
agement thereof on the day ofelection
and in the making of the returns
thereof, by your partisans and sup
porters, and in your interest and sup
port and in the interest and support of
the Democrrtic party, whose candidate
for congress you were, whereby over
three-fourths of the electors of the
said district have been practically dis
franchised, and your pretended major
ity at said election has been most I'M
lawfully and fraudulently fabricated.
And hereby give you full notice that
these transactions, so INDUCED in and
committed by your party friends and
adherents, in the manner and at the
times and places hereinafter set forth,
are now and will be the particular
grounds upon which I do now, and
shall throughout said contest rely.
And hereby charge that your party,
in preparation for this and other cleo
tions to be held in this State, in the
year 1890 imposed upon the people of
the State of Mississippi constitution,
by article II of which it was provided
that all elections in this State shall be
by ballot, that no one shall be allowed
to vote who has not been duly regis
tered under the constitution and laws
of this State; that only those can reg
lister who are male inhabitants of this
State Except idiots, insane persons and
Indians not taxed), citizens of the Uni
ted States, q years old and upwards,
and who have resided in the State two
years and in the election district or
incorporated town or city in which
they offer to vote, one year, and who
have never been convicted of certain
felonies enumerated, and who have
paid, on or before the 1st day of Feb
ruary of the year in which the election
is held, all taxes which may have been
legally required of him, and which he
has had an opportunity of paying, ac-
cording to law, for the two preceding
years, and who shall produce to the
officers holding the election satisfac-
tory evidence that he has paid said
taxes, and shall be able to read any
section of the constitution of the State
of Mississippi. or shall be able to I'M
derstand the same when read to him,
or give reasonable Interpretation
thereof, and each voter must be regis
tered four months prior to the cleo
ton.
And / further charge that in the
furtherance of said scheme, your party
in 1892 passed registration and cleo
ton law which is chapter lib of the
Revised Code of the State of Missis-
sippi of 1892, which provided the ma
chinery for conducting registrations
and elections, by which it was provid-
ed that the governor, secretary of State
and the attorney general of the State
should constitute State board of cleo
ton commissioners; that this board
shall appoint board of election COM
missiOners in each county to consist of
three discreet persons who are free
holders and electors in the county in
which they are to act, and who shall
not all be OF the same political party,
if such men of different political par
ties can be conveniently had in the
county; and registrar of the county,
who shall be the clerk of the circuit
court unless he shall be shown to be
an improper person therefor; that the
said registrar shall register any one
appearing before him, who, upon ex-
animation, shall be adjudged entitled
to register as an elector; that the said
county board of election commission
ers shall appoint three managers to
conduct the election at each poll, who
shall not all be of the same political
party, if suitable persons can be had;
that the election shall be conducted
on what is known as the Australian
plan, official ballots only being used,
on which shall be printed the names
of all the candidates to be voted for at
the election, said tickets to be prepar-
eddy one of the county board of COM
missioners; that the election managers
at each polls shall make their returns
to the county board of commissioners,
and that these shall make their returns
to the secretary of State, who shall
sum up the votes and declare elected
the person having the largest number
thereof. That by means of the many
impediments and hindrances thus
placed in the way of the voters of the
State and the election machinery thus
so as To be- cOnfrollad nv