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

ierred the contested election case OF
\. II. Halter vs.. u. c. Dun, from the
Forueth representative district of Tex
as, composed of Brazoria and Mata-
gordn counties, for a seat in this house.
have had the same under considera-
follows
!. We find that A. r. Masterson.
county judge OF Brazoria county, was
the returning officer OF and for said
Forueth representative district.
:. That ns.such returning officer, on
the Both day of November 1894, pub
licly, In the presence OF contestant and
contestee and number OF their wit
nesses, he opened and canvassed the
election returns OF said district. and on,
to-wit, the same day. Nov. 3d. 1894,
issued certificate OF election TO r. C.
Dun as the representative for said
district.
.. That the contestant, N. II. Halter
was present and saw the returns
opened and canvassed and heard the
result declared, as stated above. and
was then and there aware and on full
notice that said Dun was declared
elected and the certificate OF election
90 issued.
4. That the returns so canvassed
showed, and it was SO declared by said
returning officer that Duff had re-
ceived 1910 votes and Halter l166 votes.
3. That the contestant, N. II. Halter.
did not serve or attempt to serve any
notice of an intention to contest on
contestee. his agent or attorney until
the fourth day OF January, 1895.
The contestee. Duff, having filed a
motion to dismiss for want OF jurisdlc-
tion, by reason OF the failure OF the
contestant to serve q notice Of an in
tentlon to contest within thirty days
from the return day OF election, your
committee. on the above state OF facts,
were of the opinion that said motion
was good, and should be sustained and
the case dismissed. and l am SO in
structed TO report.
Notwithstanding the above conclu-
sion reached by a majority of your
| committee they proceeded to hear and
determine the facts In the case. and re-
port the following in addition to the
above:
!, Both the contestant and contestee,
with their respective attorneys were
before your committee,
2. The contestant introduced two GER
tiiicates, one from the returning officer
OF said district. A. Il. Masterson. coun-
" judge of Brazoria county, showing
that r.. c. Duff. the contestee. had re-
ceived n majority OF all the votes cast
in said district for representative. This
certificate was n certified copy made
| by said county judge of his poll book.
| or register OF votes, made by him
when he opened and canvassed the re-
turns for representative of said dis
| trict on Nov. 80, 1894. The other GER
tihcate was a certificate from the coun-
| ty clerks of Matagorda and Brazoria
| counties, showing that the contestant,
| N. IL. Halter. had received a majority
Of the votes cast. This certificate was
certified copy Of purported canvass
| and estimate of the votes cast for rep
| resentative, senator and other state
| and district officers the date OF said
canvass and estimate made by the re-
| spective commissioners courts OF said
counties being the Monday following
/ the election.
3. We found from the certified copy
| of the poll book, or register OF the votes
of each precinct in Brazoria county.
| and the total vote in Matagorda coun-
| ty, as made out and forwarded by the
county Judge OF said county to the
| county Judge Of Brazoria county, that
| In Brazorla county the county Judge
estimated the votes cast for representa-
| tive at Sandy Point. Precinct No. 3;
| Perry's landing. Precinct No. 4; Phair.
| Precinct No. z, and Chenango, Precinct
No 8, from the tally sheets, there be-
| ing no returns.
That at said places the said judge
estimated that contestant and con-
testee received the following votes: At
| Sandy Point, Dun 80. Halter $40; at
Perry's landing, Duff "a. Haller 100;
| at Liverpool Duff Z, Halter 0; at Che
| mango, Dun 40, Haller JOG.
That at Quintana, Precinct No. 5,
| said Halter received no votes but
there were ten votes cast for IN, IL.
Aller," and were by said county judge
counted for contestant.
From the above state OF facts your
committee holds:
| 1. That said contest has never prop
erly been before this house. nor this
committee, because the contest was not
| commenced In the time limited by law,
to-wit, in thirty days from the date Of
return.
In passing on this same question,
raised in the case of Lindsey VS.. Luck
EFT, 20 Texas. SCI. Judge Roberts held
that the law giving the right to con-
| test an election had limited the right
| to begin the proceedings to within ten
| now thirty days after the day of re-
| turn, and that unless the contestant
| compiled with the law prescribing the
remedy he was precluded by his own
neglect See also Wright vs.. Fawcett.
AZ Texas, 2o7; Mccrary on Elections,
p. 2G0
| The committee therefore sustained
the motion OF contestee TO dismiss the
contest
The committee further held, upon the
| facts adduced after sustaining the said
notion
| ]. That the certificate OF the county
| Judge of Brazoria county. the return
| Ing officer of said district, executed by
him IN conformity with article 17i6,
Sayles' Digest. is conclusive of this
case. From same 1t appears that con-
| testant, Halter. received 1106 and con-
| tes;ee 1910 votes, being majority for
| contestee OF IA votes. We hold, how
| ever, that the votes cast at Precincts
3. 4, and s In Brazor!a were Illegally
| estimated, and that same should not
| be counted for either party (Sayles'
Digest, articles 1893 and 1900, and that
the ten votes at the Quintana precinct,
| cast for "Aller," should be deducted
| from contestants vote. This being
| done gives contestee a larger majority,
| to-wit. sos, than lie given him by the
| returning officer who issued him the
certificate of election.
We further believe that under the
| law the certificate issued by the county
| clerks OF Brazoria and MataEorda coun-
| lies, showing an estimate made by the
respective commissioners courts OF
| said two counties OF the votes received
| by contestant and contestee in said
| counties. upon which certificate con-
| testant rested his whole case, to be
absolutely worthless as evidence. for
| 49,, raaEOnq.