New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-06
A NOVEL ELECTION CONTEST
USE OF BALLOT MACHINES ALLEGED To
BE ILLEGAL.
THAT is WHY MR. RYAN SEEKS TO GUST NIX
BREWSTER. WHO HOLDS rHD SEAT IN
THE HOUSE FROM THE xxxIsT
NETWORK DISTRICT.
frY TELEGRAPH TO THE TRIBuSE.l

NETWORK DISTRICT
frY TELEGRAPH TO THE tribune
vosbiroton March a-Electlons Committee NO.
. NJ the House of Representatives to-day heard
arguments In the contested election case Oh n!""
against Brewster. OF the XXXIst New-f ork D's"io"
This case hinges on the question as 10 whe'he' '"'
election should be declared void because ]" III.
city of Rochester the votes cast LOT nya' "'
brewster. respectively. recorded by means Oh
an automatic balloting machine Inc coh'es'a".
does No, assert that he Is entitled TO the seat pu'
saws that ne has instituted the contest chiehy Do
cause "the statutes of the United states nav
hoer ovarridden and violated" and incidentally
asks that he may he awarded the expenses VI ~
contest not exceeding. of course. szWo' 49,
In that portion OF the district outsiue 'ne ~.
Of Rochester-which includes the remainder ..
Ntorroe County-the ballot machines were ITO.
used and In that portion Mr. Brewster receive"
q52 votes and Mr. Ryan received 1880 s's ~
former a majority Of 1904 votes III t"e s ..
Rochester where the machines were useu' ''"
votes were cast for candidates for Cons'ees "
which Mr. Brewster received l7.4i7 ana MI N'a.
l22ll giving the former majority Vi ~
city and $500 in the district. ,,
In behalf Of the contestant 1t was se'o
argued to-day that the entire vote VI ~" 49, -
Rochester should be thrown out oec''Se w 49,.
,ised statutes of the United States pfeso''o' NC" s
all votes for Representatives in Congress '"", %
hv written printed pdiio'S'
that the Use OF the ballot machine was '.e,
ona Further that the election should be oecia 60
void although no claim was MADE tna' ''
votes cast in the nineteen townships ou'''u.
Rochester were not in accordance WIN 'n' '0
letter OF the United States statute ...
In behalf of Mr. Brewster. IL WIS s,oa
tho State OF New-York under tho aut nority v nre
bv the Constitution Of the Uniteo r ~ holding
sc:riha "the times places and manner VI a nd II
elections for Senators and Representative, nro
u,as shown that the State by a Consltut h IA
wison as well as by legislative enac,nr aa chnes
granted authority to cities 10 use oa''o'
70 record the choice OF the eieGtUsa patiently and
Members OF the committee listeheo prhn;r rg,,-
t,antfvev 10 counsel both sides men s 80 80
,nents were logical and we'll arranged, anu ~ a.,
nrescnted in q lucid manner. Tne conteS az no on
iornev made the most OF what appeaie' ~ "
exceedingly weak case . ..,,h, that the COM
There il not much ground to oouot ina, .n nr,ous
,,t,.oa viii dismiss the contest by a unaIliU cIr
vote II so IL will be the fourth one ., roaTn
dec;dad nv this committee in favor OF s'tlhk ne ~
hec s bp ps Of whom are Republicans. while one
"a a Democrat All of the cases re!erieu ~
nonuittee have now been argued poth on WI. S
briafs and by counsel, and Its DOCKET WIZ .be ~
oiaored before the end Of the session one VI eue
onsas still nending-that Of Jones against oatcn-
,n@e ~ the lid Mississippi District-nVoves soi,
s,ts,utionai questions which are also lnVoIVtu !"
caees nending before both the other t,lec.ioll. @
nittees OF the House. and It Is propape ina 'S MS
,ostione will not be settled until after Joli .o
a,tation If the members OF the three couHiittee''
~ Two ~ the South Carolina cases the arsu-
rnarts on theee questions were unusually anu eN
coadnelv elaborate and exhaustive, anu TIC u'''-
eon "a awaited with deep interest