The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-12-07

DO you consider 1t a pert Of the orist-
nal returng"
1T has been certified and considered
SUCH said MIR. pcaks.
| In the afternoon Mr.. Wilson, for the
republicans, took up the election troubles
| in the passed counties" He discussed
| them in alphabetical order beginning with
| Christian county. In which the allegations
were made that during the election In one
precinct ballot box was opened to per-
| init the stamping OF q ballot which had
| been placed in the box unstamped the
suspension OF the voting while the election
officers wrangled, the failure Of the clerk
OF the election properly to stamp one OF
the ballots. etc.
Mr.. Wilson declared none OF the
! grounds given would warrant the board
In refusing TO count the votes. He pur-
sued the Same course with Fleming coun-
ty. where the judges had offered o new
certificate giving less votes to all the can
| didates than that fled by them at frst.
| He read evidence to prove that tho second
certificate was filed nineteen days after
the first one had been entered and urged
| therefore that IL was lnadmissible.
| In Green and Harrison counties the test
was withdrawn. Jefferson was reserved
for later argument and Mr.. Wilson took
up Knox county. where the democratic
contest Is based upon tho allegations Of
| tho tissue ballots and interference by the
|
said that they had been compelled to fle
their certificate by writ of mandamus,
| The writ he claimed, said nothing about
| the manner in which they were to count
| the vote. They we're only ordered TO 10
ahead and count IT, There was therefore
! no hardship on him or others.
| The question OF the tissue ballots was
then brought up. None of these ballots,
to which objection had been made by tho
democrats as being of tissue, were OF tbs
| sue paper as the word is generally I'M
! derstood. They are printed on very thin
white paper. such as newspapers COM
monty use for the taking of proofs. When
held up to the light black mark Ia
| plainly discernible through several folds
OF the paper The argument OF N.Y. Will
son on the tissue ballots In Knox county
| was also an argument for the counties OF
johnson, Pike and Magofhn, where the
use of these ballots is also charged
He claimed that 1t was the duty OF the
election Judges 10 reject the ballots when
| thew ware printed and not wait for a num-
I her OF days before sending their charges
against them. 49,,
Would you consider a ballot invalid
because IL was OF sufficient thinness TO
enable the stamp to be SEEM
mo sir"
rs It void II the paper is actually
transparent not like this paper, but so you
could see mt through it,
THAT ia II matter to be considered be-
fore a contesting board" replied the law
! yer. 1.-THE election officers are the ones
TO pass on II In the first instance.
! After consultation it was agreed that
three hours and Atty mfutes be allowed
each side for argument.
MIR. Wilson resumiug. called attention
TO the fact that the protests from different
counties regarding the Dse OF tissue bal
lots were similarly drawn, many PASSAGES
In identical language being used He
claimed that none OF the votes should
3. be thrown ont on account of the phper on
which they we're printed for tboy had been
accepted by the, county officials and be,
ca,Ise in none ~ the cases where the
election Judges had certified against the
use of tissue ballots, had they certified
that the votes had not been properly cast.
Unless they certified To that he said. the
votes could be counted. The word eS-
anime in the statute defining the powers
of the hoard, he declared, meant that tho
board should examine the statement of
votes cast and not enter into the method
OF their being cast which was matter
for tho contrasting and not :he canVass'ng
hoard.
Nelson county came last, fhe contention
hy the speaker being that the second
certificate from the election commissioners
was not a duplicate certificate inasmuch
as the first certificate gave votes TO W. r.
Taylor there being no such candidate,
The second giving votes 70 the republican
candidate IN his proper name w $. Tay-
I lor, was in reality frst certificate, as IL
was the only certificate giving votes to
the actual candidate.
| recess of twenty minutes was taken on
account Of the illness Of Commissioner
Pointz, who was overcome by the heat
and close air OF the senate chamber.
/ 4
ocrats. The word "examlno' In the cleo
! ton law meant he declared, far more
! than that the commissioners should per-
| form the simple physical act OF looking az
! the returns. He then paid HIS attention
! to the tissue ballots, declaring them H.
! legal by every construction of law.
! How are the commissioners TO come
| into possession of the fact that the ballots
are OF tissue7" asked Mr.. Ellis.
| by the statements OF the seven Off
GERS of election and by the stubs In the
poll book" was the reply.
Are these officers certifying In their
certificates" asked Mr.. Ellis, TO what
they themselves know or what others
know?'
"To what they know themselves"
| He argued that the second certificate In
Nelson county. which the republicans
claimed was original. was In reality
/ uupilGhlcs ne bdlu luhl dtiUTHtyb
wrote them all and of necessity were
compelled to use the same language to
state the same fact
| Mr.. McQuowen closed his argument
with statement regarding the republican
methods in Jefferson county. He declared
the certificates OF election from that coun-
ty should be thrown out, because the OFF,
cials who made them did so with United
States marshals at their back. They were
compelled, Mr.. McQuowen said, TO sign
certificates which were false because OF
the attitude OF the marshals. The cer-
tifcates should now be thrown out. he
| said, because they were made Under duress.
The argument at the night session was
opened by Judge Alexander p. Humphrey
for the Taylor SIDE
| He contended that the board Is merely
a canvassing board without judicial powers
and that the supplemental returns from
several counties and the record on which
| the Louisville contest is based, are not
| legal before the board and can not be le-
gally considered He argced that the
| county election commissions in making up
| these records had exceeded the authority
conferred on them by the 1aw and also
that the claim that the tissue ballots had
been used In various counties was not
| verified by competent evidence.