The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-07

Louisville, made the second argument for
the Republican candidates. He began with
replying to the objections raised against
counting the votes of Christian. rieming
and Knox counties. The Green and Har-
rison contests were Withdrawn, and Jeffer-
son was passed. The question of tissue bal
lots came up in the Knox county case.
None of these ballots, TO which objection
has been made by the Democrats as being
of tissue are of tissue paper. as the word
is generally understood. They are printed
on very thin white paper. such as news
papers commonly use for the taking of
proofs. When held up to the light a black
mark Is plainly discernable through several
folds of the paper. The argument Of Mr..
Wilson on the tissue ballots in Knox was
accepted as an argument for the counties
of Johnson, Pike and Magoffin, where the
use of these ballots is also charged. He
claimed that 1t was the duty of the cleo
ton judges to reject the ballots when they
were presented. and not wait for a num-
Der of days before sending their charges
against them.
NOT AN INVALID BALLOT.
LET me ask you a question. Mr.. Will
son." said Commissioner Ellis. would you
consider a ballot invalid because it was OF
sufficient thinness to enable the stamp to
be seem
"No, sir"
'.Is it void if the paper is actually trans
parent, not like this paper, but so you
could see right through it?''
THAT is not a matter to be considered
before a contesting board" replied the
lawyer. 1.-THE election officers are the ones
to pass upon II in the first instance"
Mr.. Wilson calleu attention to the fact
that the protests from different counties
regarding the of tissue ballots were
similarly drawn up. many passages In iden-
tical language being used. He claimed that
none of the votes should be thrown out on
account of the paper on which they were
printed for they had been accepted by the
county officials and because in none or the
cases where the election Judges had cert-
fed 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 should be counted. The
| word examine" in the statute defining the
powers of the board, he declared, meant
that the board should examine the state
ment of votes cast and not enter into the
method of their being cast. which was a
matter for a contesting and not a canvass
ing board.
Mr. Wilson ended his argument with Mel.
son county.
A recess of twenty minutes was taken on
account of the illness of Commissioned
Poyntz, who was overcome by the heat and
close air OF the Senate chamber.
MQUOwEN'S SPEECH.
Louis McQuowen. of Bowling Green. wa;
the second attorney to speak for the Dem
ocrats He opened with a description OF
| the proper construction to be put on the
| word examine" in the election law. which
meant, he declared, far more, than that the
commissioners should perform the simple
physical act of looking at the returns. Ht
then paid his attention to the tissue ballots
declaring them illegal by every proper
construction of law. closing his argument
with a statement regarding Republican
methods in Jefferson county. He declared
the certificates Of election from that count!
should be thrown out because officials VIII,
made them up did so with the Unite'
States marshals at their backs. They wer'
compelled, Mr.. McQuowen said, to sign Ger
tificates which were false because of tn,
attitude o. the marshals. The ceruficate
should now be thrown out, he said, becaus,
they were made under duress.
The argument at the night session wa
| opened by Judge Alex p. Humphrey for th'
Taylor side. He said the two principal Is
sues involved were as to what the powers
of the board Of election commissioner
are and as to what record this body hai
before it, his contention on the forme
point being that the board is mere.v a can
vassing body without judicial power ant
holding that the supplemental returns from
several counties and the record on which
the Louisville contest is based are no
legally before the board and cannot be con
sidered. He argued that the county elec
tion commissioners, In making up thes
records had exceeded the authority con
ferred on them by law, and also that tn
claim that the tissue ballots had been use'
in various counties was not verified b,
competent evidence
The board adjourned at o'clock t
meet at go tomorrow morning.
NEBRASKA SENATORsHIP.