The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-05

ancc VS.. Bennett.
Mr. Blair raised the point OF order tina
the question was the enyrossment OF IN
bin on amendment.
Mr.. Patterson-This is case that Ia
been on trial before another judge, and
will let him finish It.
Mr.. Ward resumed the chair
Wolters moved to postpone further con
sderation OF the dental bill until 10 o'cioci
Friday morning. Adopted.
Tho report Of the committee on privilege
and elections in the contested election cas-
OF Pfigance VS. Bennett was called UP b!
Moore OF Lamar. 1t was read.
MT. Lillard moved postponement OF furth
or consideration OF tho case for one week
and called for the reading OF the resolution
offered yesterday by him and printed III
the Journal The resolution reads
Whereas. In the contested election cas-:
OF Brgance VS. Bennett, now pending he.
! fore this house from the Fifty-f0urth rep
roseutatlve district. the fact has developed
upon recount Of the ballots Of and from
/ said Fifty-fourth district BY the committee
I that In two precincts OF said district, viz.
plantersville and Pointers Prairie. there
/ is very serious discrepancy or difference
between the result Of said recount OF the
/ ballots by the committee and the result as
shown by the poll lists, tally sheets and
returns, as sworn to by the presiding OIL
! GERS, judges and clerks of elections in and
for said precincts and copy of which
was kept in the hands of the presiding
officer of each precinct Gas required by
law. aud which has been identified sworn
10 and presented in evidence before the
committee as rejecting the true result Of
an election as held in their respective pre-
cncts on November 3. 1896. for the office
OF representative for the .Fiftyfo fourth dis
trict.
And. whereas, A duplicate copy of said
poll lists. tally sheets and returns were
found in each box by the committee. duly
executed and sworn 10 by the election Of
iicers. which is found to show the same
result as the copy held by the presiding
Officers and by them turned over to the
committee
And, whereas, The ballot box from one
OF the aforesaid precincts, viz. Planters
vile, was open or loose when the same was
delivered to the sergeant at arms OF this
mouse by the county clerk of Grimes. as
IL shown by the testimony OF said clerk
before the committee.
And whereas The contestee in this case.
|. NJ. Bennett, does aver that he can and
VIII Mt his own expense prove to this house
ny the voluntary affdavlts of the voters
oil SAID flantersyille and Pointers Prairie
precincts that the ballots as now contained
IN said ballot boxes do not reflect the true
result of the election held in their respec-
tive precincts for the office of represent
atlVe on the Sd day of November, 1896
but that the ballot boxes have been tamp-
cred with and ballots taken out and other
ballots substituted for same, to the dctri-
ment and injury OF said contestee: and
he further AYERS that he can and will prove
as above indicated. that at lola box, pre-.
clnct No. ,. |. NJ. Bennett received about
90 votes upon what is known as the "cockeI
hat ticket" when in fact it is shown by
the recount Of the ballots In said box that
there are now only II of the said tickets in
the said box.
And, whereas, The said l. NJ. Bennett
mas received the dispositions of the presd-
ing officer and two of the judges Of the
election held November 3 last, at said
iolhter Prairie box, all of whom swear
mat the vote cast for Bennett and Brig
ance, respectively. was exactly as IL was
certified to on the tally sheets sent nm 10
the county seat Of Grimes county. and VERT
ned by the several election judges OF said
county who appeared before the commit
zee on privileges and elections here. said
eActlon Officers declaring in their affidavit
that if the count of the tickets made here
did not accord with the figures on the tally
sheet, then the ballot box had been tamp.
cred with after it had left their hands.
ana whereas, 1t is and should be the
purpose and desire of this housn tn do
even and exact justice to each party In
every election contest case; therefore
be it NV
Resolved That the house do hereby grant
the request of |. NJ Bennett, giving him
one weeks time in which to produce f,irtb-
or evidence in his behalf. in the shane Of
voluntary dispositions of voters. which evil
uVhoo ne proposes to procure without any
expense TO the State. (Sgned: Llllori
hogan Fields OF Hill, Kimbell. Garrison
Melton, Fisher) ''''
Llllard spoke to the resolution.
BAILEY asked II the evidence spoken of in
mlttee investigation.
Moore OF Lamar--It was not.
VOTERS OF Fayette. member OF the COM
ltlt'ee on privileges and elections. oppnsed
.ne Ie'uintion and went into an exhaustive
".usneht defending the action OF the com
III Lu'IeH' lie made an excellent address and
mad the undivided attention of The ,n,'m'
bors and visitors 'N'"
IN connection with the resolution the
nembers found the following circular an
Ihelr desks this morning: va
10 inc House of Representatives.
austin Texas. February 3. 1887 The r..
20, hol' W ,l'e committee on contested elections
ness tomorrow and is set for 10 O'clock
4. M Ihere VIII be u majority and min
orily report After said reports haze loon
read, resolution signed by number of
my democratic friends and which was e.
,e,,'u may VIII be called up and action
LII 'netyon before the house passes on
Hhur 81 the reports OF the commltte, ON
cIeotons- The resolution, as YOU heard
fo"h To-Day, simply asks this house In a.
nF ,he lusuco to allow me about weeks
W, nc , INC 20 produce before this BODY
IN 4, .t Ni''n l Know VIII be satisfactory