The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28

said election, and shall seal the said en-
yelope and write his name across the
seals and address the package to the
. president of the senate, or speaker of
the house of representatives, as the case
may be, to the care of the secretary Of
state, and shall forward the same bv
mail or other safe conveyance to the seat
of government, so as to reach there, il
possible, before the converting of the
legislature.
Sec. "a. At any time after filing said
papers with said returning officer, either
party to said contest may proceed, at his
own expense, to take such written test
money as he may deem proper, having first
served the opposing party, his agent or
: attorney, with copy of the interroga-
tories ne intends to PROFOUND to each Wit
J ness, and the name of the officer before
: whom such interrogatories will be an
swered, as well as the time and place OF
| taking such testimony
Sec. 70. Any officer authorized by law
or this state to administer oaths, 1pon
Delng SATISFIED as to any costs, including
ms own ices, that may accrue in the tak-
ing OF such testimony, shall proceed upon
: the application of the party desiring ii.
10 summon the witness or witnesses
named In the Undergraduates, and take
his or their answers, in writing and
under oath, to such interrogatores and
cross-interrogatories as may be propound-
ed in writing.
7 Sec 20. The answers of each wifi
D ness shall be reduced to writing and
signed by such witness, and sworn to bv
: such witness, before the officer takinr
the same, and shall be certified to by such
othcer, and sealed in an envelope. and
: the name of the officer shall be written
by him across the seals, and he shall for
e ward the same without delay, by mali
I or other safe CONVEYANCE, to the preSi-
dent of the senate or speaker of the house
e of representatives, as the case may be-
e to the care of the secretary of state att
, the seat of government.
: Sec. 27.-The notice and Statement Of
Z contest and the other papers pertaiuing
Il thereto shall, Immediately after the or
: ganization of the legislature, be opened
by the president of the senate or the
Il speaker of the house of representative,
+ as the case may be, and the same shall be
= referred to the committee on privileges
Z and elections of the house in which that
contest is pending, which committee shalt
7 proceed without delay to fix a time for
the hearing of said case, and after due no.
tice to the parties thereto, shall ingesu
gate the issues between said parties, hear
ing all the legal evidence that may be pre-
e scented to said committee, and as soon
e thereafter as practicable, report their CON
4 illusions of law and fact in respect to said
: case to the house by which said committee
+ was appointed, accompanied by all the pa
: ,pers in the cause, and the evidence taken
therein, with such recommendations as
may to them seem proper. Any one or
more of the committee dissenting from the
views of the majority may present Il mi
nority report. The rules of evidence and
the laws in force respecting the admissi-
bility of evidence, the taking of deposit
tons and the issuance and service of
process in the district courts of this state
shall be observed by said committee, 50 far
as may be applicable Said committee
shall have the power to send for persons
and papers, and the chairman of sad com
mittees shall have the power to issue all
process necessary to secure the attendance
of witnesses and the production of papers,
ballot boxes and other documents before
said committee, and such process shall
: be executed by the sergeant at arms of
the house in which the contest is pend
/ ing, or by such other person as may be
r designated by the presiding officer of
: said house, and said house shall as soGS%
f as practicable after said report has been
e filed, fix a day for the trial of the contest,
f and shall determine whether the contest
ant or contestee, or either of them, is
, entitled to the contested seat: and il IL
: shall be adjudged by said house that
e neither of said parties have been legally
= elected to said house then an election to
: fill said vacancy shall be ordered, as pro-
f Ivided by law. Such fees shall be paid 10
h witnesses and the officers serving pro
l. cess as shall be prescribed by the rules
@ of the house in which said contest is pend
n ling, and no mileage or per diem snail
@ be paid to either of the parties TO said
d contest until said case is determined, and
h in no case shall any mileage or per diem
I gt rln, ,nt,y~ p,NtN
test is decided.
d Sec. %. If the contest be for the validity
+ of an election for governor, lieutenant
n governor, comptroller of public accounts,
l.. treasurer. commissioner of the general
land Office or attorney general, the same
l. shall be tried and determined by both
f houses of the legislature in joint session
il and the provisions of this chapter govern
= ing in the case of contest for the validity
r Iof an election for members of the Iegis-
e lature shall apply to and govern in a con
e test for the offices above named, as far
as the same may be applicable.
d Sec. 20. If the contest be for the
k validity of an election held for any other
s. purpose than the election of an officer
or officers in any county, or part of q
S county, or precinct of a county, or in any
incorporated city, town or village, any
2 resident of such county, precinct city,
" VI any lluluutA VI SutAl
5, residents may contest such election in the
l. district court of such county in the same
n manner and under the same rule, as far as
applicable, as are prescribed in this chap
l. ter for contesting the validity Of an cleo
e ton for a county Office.
e Sec. 80. In any case provided for in the
e preceding section the county attorney Of
|, the county, or where there is no county at
f, torney, the district attorney Of the dis
II trict, or the mayor of the city town or
n village, or the officer who declared thG
e. official result of said election, or one Of
IL them, as the case may be. shall he made
h the contestee, and shall be served with
in notice and statement, and shall file his
reply thereto. as in the case Of contest
of such contest be adjudged against such
= contest, or against the county, city, town
. or village which they may represent, nor
shall such contestee be required to give
8 any bond upon an appeal to tie court of
u la,, IL. a.as