The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-12-26


days, admitting or denying the claims
Of the contestant and naming the
grounds on which he claims to have
been elected. The testimony in the case
must be taken then within 90 days, the
contestant having the first 40 days, the
contestee the next 40 days and the con-
testant the 10 days following. The tes-
timony is taken by deposition. The par
ty about to take the testimony must no
tify the other party to the case in wri-
ting of the time and place, giving also
the names and residences of the witness
es summoned This notice must be
served personally or by attorney in time
to allow the other party to be present
when the testimony IS to be taken, but
testimony may be taken in two or more
places at once. both parties being rep
resented by attorneys.
Subponas for witnesses may be is
sued by federal judges, state judges,
mayors, recorders or no5aries, or in an
emergency, by two justices of the peace
acting jointly. a witness cannot be
compelled to go out of the county in
which he livos, but no other reason viii
exempt him from attending the hearing
under penalty of $50 fine for contempt.
When the testimony has been taken,
it is reduced to writing in the presence
of the contestants or their representa-
tives by the officer in charge. who must
seal it and forward it Immediately to
the clerk of the house of representatives,
indorsing the envelope so as 80 show
what it contains.
The clerk Of the house sends register
ed letters to both parties, notifying
them to appear before him at time
named, which must not be more than
90 days after the mailing Of the letter.
AT that time the clerk, in the presence
of the two parties or their attorneys,
opens the packages and takes out the
testimony, and he sends to the public
printer such parts of the testimony as
they agree shall be printed. In case the
parties disagree the clerk selects the
part to be printed. The clerk must pre-
pare a suitable index to the part print
ed The remainder of the testimony he
puts in his Office safe to be kept for the
use of the elections committees when
they shall meet
Cost of a Contest.
Copies Of the printed testimony are
sent to the parties, and the contestant
must file brief Of facts and authorities
within 80 days. This is forwarded to
the contested, who must file a brief
within 80 days after he receives it.
These briefs are printed at the expense
of the two parties, but the testimony isl
printed at government expense. The3
government also pays most of the costa
Of the contest. The contestant and con-
testee file WI ID the clerk of the commit
tee on elections sworn statements Of eK-
penses, and these expenses are paid by
the house to a limit of S. 600 on each
side. The expenses allowed are seldom
below 81, 600 in any contest. To these
nre added cost of printing, the expenses
Of the committee, etc, which make a
contest cost the government Sc, 600 or
az. 900. AS for the contestant. he sell
dom gets off for less than s.. 600 or
So, 600 on his own account, and If he is
unsuccessful he finds the contest expen-
sive. If he wins, his salary as con-
gresham makes good his outlay
Unfortunately election contests are
often delayed for months. and Of recent
years some have been postponed SO long
that congress has come to an end leav-
ing them unsettled. A contest seldom
brings much satisfaction to the contest
ant
The ground on which the Tennessee
contests may be brought-fraud at the
polls-is the usual basis of election con-
tests. Some Of the testimony which Is
taken to support these charges seems
very trivial and unconvincings but it