The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-01-19
Judge Bland Testifies in Horton
Butler Contest That Naturali-
cation Was Legal.
DECLARES He READ STATUTE.
Regards Issuance Of 500 Papers
in Five Hours Session Not an
Impossibility Murphy
Produces Records.

The most important development since ths
taking OF testimony In the Horton-ButIel
contest began. occurred yesterday in +he
examination OF Judge c. G. Bland OF the
Court of Appeals.
In the days Immediately preceding the
closing OF the registration OF voters in the
fall. 1t was shown that about I.5o0 persons
had been naturalized by the Judges of the
Court OF Appeals. William T. Fisse. Of
counsel for the contestant. raised the poi-t
mat none Of these men had been legally
naturalized. for the reason that an Appel
late Court had no power to naturalize for
eigners. In support Of his contention he
read the. statutory provisions made for
such cases. and read number of au-
thorties from the courts Of several States
| which. he contended. were in point
| He argued that If the Court of AppeaIs
had no power 10 naturallze voters then the
Loo men recorded as naturalized on The
records OF the Court OF Appeals. are still
foreigners. and their votes were illegal
| Inc point attracted considerable atten-
uon among members OF the bar in ST.
Louis. and opinion ia about equally d.
Vided between the legality and the fileealitv
OF naturalizations by an Appellate Court
In his examination. Judge Bland stated
that he had no doubt of the legality of the
naturalizations by the Judges OF the Court
| OF appeals. Mr.. Fisse attempted to draw
him into a discussion OF the law. and the
reasons that had brought him 10 that con-
clusion. but he refused to enter any legal
discussion with counsel for the contestant.
contentinS himself by saying that he had
investigated the question and satisfied his
mind that he had the power TO naturaIizs
foreigners. This line OF examination was
then dropped. and Judge Bland was asked
ha 1Iar 80
naturalized by his court and II IT was pos
siole to have naturalized as many as so in
a session OF five hours. He replied that ID
", was: as ne could easily naturalize ten men
John H. Murphy. clerk OF the Court OF Ap-
peais. was the next witness. On Thursday
ne was called and asked to produce the
records OF the court He refused and At
torney FisSe threatened TO take the matter
before the Federal Grand Jury. When Mr.
Murphy took the stand yesterday both
witness and Attorney Fisse had cooled
Gown. and there was no repetition of the
trouble OF the day before Murphy an
and had been advised that It would be all
right TO show the records but he must nor
let them go out OF his possession. In re-
sponse. Mr.. Fisse declared his Willingness
to go TO the clerks office and have the
hearing there. II he Murphy) desired. Ii
vas not desired. and 30 the books were sent
Tor and examined.
Murphy was asked to turn TO his books
ana nno the names OF Michael Rattigan
1t was alleged. had registered and vote
ana had final papers from the court Muir
phy could not ind the names. He was also
asked 10 md the name of George c. Braun
niger. who had been naturalized, registerei
and voted The name OF Brauninger was
round Brauninger was afterward put on
the stand and he testified that he voted the
straight Republican ticket at the election.
John H. Denney of No. 1912 Spaulding ave
nue., deputy clerk in the Circuit Clerks
once. testlned that he tried to get a list
or the witnesses to the persons naturaifzsd
IN the Court of Appeals. and was Informed
that all the lists had been DESTROYED He
been naturalized and had voted had only
oeen IN this country a year or two. accorS-
ing TO Information he had received.
Other witnesses examined yesterday were.
Ernest j. Bernard OF No. 40ll Clayton ave |
nue.: Louis II. Forster Of No. IlOs Chestnut /
street. John L. Lane OF No. u South FIJI
teenth street; Edward Ffnnegan of No 4as7 |
Laelede avenue. and ". x. Mykins Of No. /
10 South Boyle avenue