Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1896-04-17
LIBERAL
Construction Of ReSoIu-
tiOnS Expected.
CHAIRMAN JAMES q. DuDLEy.s
LETTER TO DEMOCRACY
GIVEN TO THE PUBLIC.
THE COMMITTEEACTS
STATE EXECUTIVE COMMITTEE Ex-
PRESSES IT'S OPINION.
All ballots stating rininIy The AZ
THE COMMITTEEACTC
STATE EXECUTIVE COMMITTEES nx-
PRESSES IT'S OPINION.
All ballots stating PIninIy The AZ
nrmntive or Negative of the Fin
aneiaI Question win be Counted.

ais ANA', ApIii iO-t5peclal-)--Ine
following letter has been given out for
publication by James G. Dudley. chair
man of the Democratic executive COM
mittee OF Texas;
Headquarters Democratic Executive
Committee of Texas. April 16.-On the
26th OF February last. in letter written
TO Hon. a. $. Walker, Jr.. OF AUSTIN
gave my constructions Of the resolu-
tons, adopted by the state executive
committee, in reference to the tickets
TO be voted at the primary elections, to
be held June G, to the effect that the
revolutions OF the committee contem-
plated substantial compliance only. so
that the vote of every Democrat might
be counted. | stated that the law in
reference to elections is well understood
to require only a substantial compl-
ance Herewith, and TINT the same lib
erallty in constituting the resolutions
of the executive committee would be
expected.
1t has been frequently held by our
supreme court that all ballots which
fairly and substantially comply with
the requirements OF the statute and
from which It can he fairly ascertained
how the party casting the ballot In
tended to vote. Will be held substan-
tial compliance with the law and must
be counted. 90 Tex. y. il: c. Tex. p.
1893.
The county executive committees IN
counting the vote OF the June primaries
would scarcely adopt rule more rigor-
Gus than the rules OF law above referred
TO. and no one had the right TO assume
THAI his vote would not be counted.
According to my construction. the es-
sentlal feature of the resolutions
adopted by the executive committee at
Austin is that a primary election shall
be held in every county in this state
on the sixth day Of June. at which the
people shall be given an opportunity to
vote on the question submitted As
said by Chief Justice Roberts In the
case cited In &c Texas, It Is essential
that the election be held at the time
and place provided by law. and that the
people deposit their ballots In the bal
lot box, the form OF the ballot is dlrec-
tory and must be counted. II II can be
fairly ascertained from 1t how the par
ties intended to vote.
Having received 30 many letters Of |
inquiry on the subject of the ballot |
within the past few weeks. ! deter
mined to submit the matter TO each
member OF the executive committee for
an authoritive construction which l
a ~. Y
had no intention of doing more than 10
obtain an Official construction Of the
resolution in reference to the form Of |
the ballot, the committee VIII not be
called together. BY n vote Of 20 yeas to !
4 nays (seven not voting l am instruc-
ted 10 issue the following as the con-
struction OF the committee:
To the Democracy and the Different
Democratic Executive Committees OF
Texas:
whereas. there seems to be mis-
apprehension on the part OF some Of
our brother Democrats 10 the effect that
only ballots In the exact form and lit
eral language as provided In the reso-
lutions adopted by the committee at
Austin viii be recognized and counted
at the primary elections TO be held on \
June 9th. The resolutions OF the com
mittee, as 10 the form Of the ballot.
provide for and contemplated a stub
vote OF every Democrat may be count
ed. Therefore. ali ballots which fairly
state the affirmative or negative OF the
financial question TO be voted upon
and by which II can be fairly asrertnin-
cd how the rarty cnsting the ballot IN
tended to vote upon the question az Is
sue. shall be held TO be substantial
with the resolutions adopt
Cd by tile committee, and viii be count
ed By the county executive committees
In determining the result Of such cleo
ton.
j. l.. Young. II. a. Finch. A. Z Walker.
Jr.. l.. Il. McInnis, J r. warren. r. NJ.
Johnston {. A. McMeane. Joseph Faust,
NJ. NJ. Fielder. : ~. Harper. w. q.
Kingsbury. George Mccormick. $. J.
HendriclS, j. l.. Linn, c. l.. Lauderdale,
]. O. Nicholson, @. " Barefoot Il H.
Busney-
Nays-II l.. Moslyy, n .. Marsh T.
C. Oltorf W c. Wear,
Not voting--C l.. Dunlap, y. r. Hiil.
G. A. Carlen. j. $, Kcaghey c. ID. Neal,
Arch Grlnnan, X. T.. Hun
JAMES G. DUDLEY.
Chairman Democratic Executive Com
mittee OF Texas
TEXAS nAsKnRs' ASSOCIATION.