Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1897-01-20

He is Constrained TO Abandon His Contest
By the Partisan Action of the Legislature,
Which Bars His Rights and Threat
/ ems Him With Heavy Penalty.
Hon. George-N. Tillman has furnish
ed the following card for publication:
Nashville, Tenn, January 16, 1897
To the Public: Since | gave notice to
the Legislature of my contest for the
Office of Governor that body has en-.
acted a law, which has received the
approval of the Governor, requiring
that before proceeding with the con
test contestant shall enter into a bond
10 the penal sum Of S25, 900, payable to
the State, conditioned upon the faith.
full bona fde and successful prosecution
of the contest; the penaly to be enforced
should the joint assembly determine
the contest unwarranted, or not in
good faith, or malicious, or made for
political effect or without reasonable
cause.
While | have been willing to make,
and have made. reasonable sacrifices
in the interest of fair elections and a
better State Government, upon reflec-
ton and the advice of friends. have
determined not to assume so large a
liability as a bond for $25. 600, enfor.
cesble at the will OF the joint assembly
of the Legislature. ] think such an act
lie deserving OF the severest condemna-
ton. The contention that it 10 necessary
to discourage frivolous contests is q
mere pretext. This act is peculiarly
rnstxot - ,;a- nf Edo fant that and
my political associates have been en-
gagged since the election in the labor of
Investigation and preparation Of evi.
dence. at very great expense, relying
until recently upon the contest law as
it existed, under which the former con
test was made by the Democratic can
didate who had been defeated upon the
face of the returns. 1t was not neces-
sary to pass the above named act for
the purpose of discouraging contestants
for the office of Governor. The burden
which falls upon a contestant in law
yerB' fees, and other voidable ex.
penses, the sacrifice of private business,
the labor and disagreeable accompani-
monts of such q contest, and the prob.
ability in the case of a Republican
contestant in this State of a decision
adverse to him, would seem to be suf'
icieDt encouragement to a man OF
mora than ordinary public spirit and
OF moderate fortune, and when the
Legislature in addition threatens him
with a penalty of S25 900 for presuming
TO make the contest the encouragement
reaches a point amounting almost to q
prohibition. Such o law is violative
OF a sound public policy; for the Legis-
lature ought to be ready and willing,
at public expense, and in the interest
of fair and honest elections and of the
trust and confidence of the people in
their institutions, to enter upon a
thorough investigation of alleged fraud,
upon the sworn petition of a reputable
candidate for the office of Governor.
The law requires a contestant to make
oath to his petition, and a man OF good
conscience could only make such oath
after diligent inquiry into the sources
and reliability of the information upon
which his petition is based.
While as a lawyer | am clearly Of
opinion that the law is unconstitutional,
nevertheless | am unwilling to assume
the risk of an adverse decision of this
legal question. Upon the most diligent
and careful investigation, the sitting
of the evidence gathered, eliminating
doubtful matter, it is my opinion, as
well as that of my attorneys. that upon
the evidence already in | received more
than 5000 majority of the legal votes
cast, and the investigation still in
progress was revealing daily additional
frauds, but because of the act above
mentioned l shall abandon and discon.
tinue my contest. Respectfully,
GEO. N. TILLMAN.