El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-04-19
That Contest.

A great deal has been said pro and
con upon the streets concerning tho
contest of John O'Keeffe VS.. Joseph
Magoffin instituted before the city
council. AS but. few are aware of the facts
concerning the same, and as many feel
tion of the long drawn out contest OF
1889, beg the public to indulge me in
| the following statement:
VIII lie Mr.. O'Keeffe was up at Selden
| Investigating the charges of fraud in
connection with the voting of Mexicans
| upon certificates purchased for that
purpose, unnistakable evidence was
| workers bad illegally registered
large number of voters from different
lod ging houses in the city, and that the
certificates of some railroad men who
were out of town had been used, and
these men impersOnated at the polls by
hobos. 1t was known that Registrar
Howe had tried to have none but legal
voters registered, and no investigation
was made previous to the election, but
when parties appeared to vote claiming
residence at the Delaware house whom
CAPTAIN Frank Carr did not know and
at the ST. George who were unknown
to the proprietor. Mr.. Andrews, an in
vestigation was thought proper and
was commenced, with the result that
these illegal registrations were found
to have been practiced quite extensive
proof that parties who were out OF
town had been impersonated it WAS
thought proper to file this contest.
The public should bear in mind,
that registration cuts off the great
labor which would be entailed on
contest without it. The voter ia locat-
ed by the residence, given to the re-
oil ho hod
that place, it clearly proves him to
have voted illegally.
The democratic candidates are not
blamed for this illegal work. It was
4 done by class of men who should be
frowned upon by all good citizens.
Some of the men thought to be respon-
sible for it have been looked upon as
hard working, honest industrious
men.
One railroad man, who was imposed
upon. stated that he did not dream that
the man whom, upon solicitation, he
allowed to keep his certificate, would
use the certificate for any such pur-
pose. We believe that if the demo-
cratic candidates had known what was
but now they should acquiesce in an
honest, straigh forward Investigation,
let the result be for or against them.
Now, as to the proper method for
contest. There is no claim of the con-
testees, but what before the amend
ment to the constitution upon which
laws were enacted in 1895 that the
city council was the proper body before
which to contest. At the time the
legislature enacted the bill to make
the amendment active, they did not, in
the general bill, confer on the district
court authority to hear and determine
contests of city officers, but did in the re-
of the general laws governing
cities and towns, say the council should
qualifications of it's mem bers. Now, it
was decided in the Krakauer-Caples
case that this law was final and al
,hOugh Mr.. Krakauer was eligible to
jhe mayoralty when they declared tho
vote, yet the decision of the council
hat he was not, could not be re-
viewed as they were the sole
qualifications of the members. If
his council declare the returns as now
Mr.. O'Keeffe is forever
barred from any rights he might have
oy an investigation, while if they hear
The contest it can be decided in q week
who is rightfullJ elected. The pro-
yisions of the charter and the decision
n the Krakauer-Caples case make this
opinion unassaiiable and no decision
ustains the contention of attorneys for
,ontes ees that contests for mayor or
alderman should go to the district court
o be heard.
Now. tits hoped that every good
itizen will encourage this contest be-
ore the city council, not for the pur-
,ose of keeping one man out, and put
ing another in, but to Investigate the
registration and illegal vot-
ng with a view of eliminating, as far
IS possible, such acts in the future.
Very respectfully,
J. A. SMITH,
Chairman committee of contest.