Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1897-01-27
THAT CONTEST BOND BILL
Is Searchingly Reviewed by Judge Shepherd
Tells How Democrats Acted to Prevent
the Investigation

AT his office in the Richardson block
Judge Shepherd was seen recently and
fully expressed hirself on the subject
Of the contest and ond bill.
Mr.. Tillman did not want to with
draw, but we urged him to do so, IRE
marked Judge Shepherd.
Continuing, he said:
Mr.. Tillman had q very strong pri
ma facie case. Upon the evidence we
mad before US of gross frauds and out
RACES upon the ballot, be was really
elected by plurality of more than
5000 votes.
In number OF counties in West
Tennessee we had sworn statements of
reliable white men going to show that
Republican votes, by the wholesale,
were counted forTay lor and the balance
OF the Democratic ticket. There was
nothing small about these West Ten.
nessee Democrats; they would not
think of stealing few votes, but W hen
they could get them in lots of 100 or
more they took them without com.
FUNCTION of conscience.
Hon. Josiah Patterson, who, like
Mr.. Tillman, suffered by these raids
upon the ballot boxes, is now exposing
the fraud in the counties of his district
by the testimony taken in his con test
with Mr.. Carmack, and Mr.. Tillman
could have easily proven even worse
frauds in some of the other counties of
the western district, if he had been
given opportunity.
Gov. Taylor, in published inter.
views, claimed he was as badly de.
frauded in East Tennessee as Mr.. Till.
man was in West Tennessee. He did
not plead not guilty for the Demo
Gratis, but his plea was what the law
yers call confession and avoidance:'
that is, he confess'd d Tillmau's charge
of fraud in West Tennessee, but said
he was entitled to avoid them or have
set off against them by alleged East
Tennessee frauds. The truth is, the
charge against East Tennessee is wholly
false; the late election in this end of
the State was entirely fair and honest.
Our Senators aud Representatives
courted the fullest investigation and
had no fear of the results. 1t would
seem that Gov. Tay lor, who origin ated
this slanderous charge against East
Tennessee, was unwilling for the Leg
islature TO give him an opportunity to
make good his charges. for the scheme
to make Tillman give bond came from
him and his legal advisers. am reli.
ably informed that w. l.. Granbery,
chief attorney for Governor Taylor,
and Frank M. Thompson, one of his
closest friends, drew and approved of
the bond bill recently enacted.
"Mr. Tillman did the right thing to
refuse to prosecute his contest after
that bond bill was past, for many rea.
sons. 1t made very unfair discrimi.
nation in favor of the Democratic con.
testant. Two years ago, Gov. Turney,
Democrat, was allowed to prosecute
his contest, not only without bond.
but the Legislature in advance appro.
priated the States money to pay the
expenses; now when Mr.. Tillman asks
the privilege to contest the election,
upon the ground of gross fraud, he is
Informed by the Legislature that he
may do 80 only upon condition that he
will subject himself to a penalty of
S25, 900, and the persons who have to
decide whether the penalty shall be
attached or not are members of the
partisan Legislature which passed thi
most unjust and obnoxious law. 1t
makes u difference yet sometimes
whose OK is gored. Of course l advised
Mr.. Tillman not to play against this
Democratic tick.
"One of the curious features of this
most extraordinary and unusual statute
is that it subjects the maker of the bond
to liability for the full penalty of the
bond, S25, 600, in case the contest is un-
successful and the other named condi
tions exist. The act in it's body does
not specify that costs are to be paid,
but says that if in the Judgment of the
joint assembly certain conditions exist
that body may so declare and order the
enforcement of the penalty of the
bond. 1t must not be forgotten in this
connection that neither the bond act
nor any other law of Tennessee def mes
or declares what shall constitute costs
in contest before the Legislature. So
the case resolves itself into this: The
constitution recognizes the right to
contest, but the Legislature says if a
Republican wants to avail himself OF
this right he must secure, with good
bond, penalty Of $4,000 as a prece
dent condition. When Mr.. Tillman en-.
tered upon his contest and gave the
Legislature official information there
of, the law did not require the execu
ton of this penal bond or any other
bond, but the Legislature does not hes
itate to pass retroactive law imposine
the penalty. When Mr.. Evans wa.
elected Governor the Legislature pass
ed retroactive law providing for con
test and giving to the Democratic con
testant most ample facilities for inves