The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-01-17
Election Commissioners Put Into
Effect Plan TO Determine Vote
in Twelfth District.
OATH OF SECRECY IMPOSED.
Horton Butler Contest Develops
That Republicans Care More
Ia Learn TraitOrs-Wit-
nesses Saw No Fraud.

The recount OF the ballots cast In the
Twelfth Congressional District at the cleo
tion on November .. 1869. began yesterday
afternoon at O'Clock III the Election Com
missioners Office In the City Hall The
count will be continued from day to day
until the district is completely canvassed.
Several days ago the Election Commits
sioners signified their willingness to furnish
the attorney for the contestant with ceTti-
fled copies OF the returns from the district.
but this was not satisfactory. a demand be-
ing made that the ballot boxes be opened
and the votes recounted. There being a
conflict between the Federal and State law
1t was impossible for the Election Commits
sioners to comply with the one without
violating the provisions Of the other. The
I State law expressly provides that after the
ballots have been counted. placed in the
ballot boxes and certified by the Election
Commissioners. the boxes shall not. under
any circumstances, be reopened except upon
an order from Judge of State court.
The Federal law provides that in all con-
gressional contests the contestant. II he de-
sire. shall have the right to recount the
ballots cast in the district. and any election
official having said ballots in custody Is La
BILE for contempt II he refuses to permit
recount to be made.
ne Election commissioners. uLulnk lners-
selves in this dilemma applied to the Circuit
Court for guidance. They fled a petition
asking the court TO either make the tempo
rary restraining order permanent or to ad-
wise them of their duties In the premises.
The case came before Judge Fisher. and he
refused to do either holding that the Com
missioners were the sole judges OF the law
In the premises. The advice OF counsel was
sought and the attorneys frankly admitted
that the proposition was an entirely new
one and they could not advise them safely
as to their duty.
Plan for the Recount.
Left TO their own resources. the Comrnis-
sioners decided. inasmuch as tee recount
was asked in a congressional contest. and
as Congress was the sole judge of the quail
fcations Of its members. the proper course
for them TO pursue was to permit the bal
lot boxes TO be opened for the purpose OF
recounting the ballots. after having adopt
ed certain precautionary measures TO safe
guard the votes and at the same time TO
preserve the secrecy of the ballots.
The plan adopted for the recount admits
the following persons to be present: Two
sworn deputies from the Commissioners
Office. the notary who Is presiding in the
contest a stenographer and two persons
either notaries or attorneys. to represent
the contestant ard contestee respectively
one NJ the deputies will take the ballots
out OF the box. see that they are legally In
dGrsed and call the person for whom the
vote vas cast. The stenogrspher viii take
down the vote as IL Is called and the other
deputy will stand back of the typewriter TO
see that the vote is recorded as called. As
soon as the vote of a precinct Is canvassed
and the total vote obtained. the ballots viii
be put back I'm the ballot box. which will
be resealed and all present will put their
initials across the seal. An oath OF secrecy
will be exacted from every person present
at the recount.
Commissioner Kingsland said yesterday:
| Our position has been a most trying one
.r1w N
do what was right, and to this end sought
advice from attorneys and the courts.
| From neither could We obtain 1t and In the
end had TO fall back upon our own
| judgments TO our duties In the premises.
"The plan We have hit upon is the best
We could devise. At no time in the course
| os the recount will the ballots be permitted
| TO go out Of the possession of our deputies,
| and as they are our agents. constructirely,
| they will not go out OF our possession. The
those who will be present at the recount
will guarantee that no one will learn how
any person may have voted. OF course.
| this is in conflict with the strict provisions
OF the law In this State. but IL is in COM
| pliance with the Federal law. and where
the two confiicted We saw no other way Of
acting"
Expensive search for Traitors.
AT the recounting yesterday. Notary ].
Clarence TaUssig presided. Attorney Arthur
Shepley appeared for the contestant and J.
/ NJ. Walsh for the coDtestee. The session
| adjourned at o'clock and will be resumed
| this morning at 10.
| The fact is rapidly developing that the
Horton Butler election contest is being con-
! Quoted no less for the purpose of ascertain
ing which Republicans went back on Hor-
! ton at the last election than to obtain a
seat in Congress for the contestant The
| fact has been developed that Horton him
I self satisfied that Butler got more
votes than he did and that he CHorton) was
( opposed to a contest. but the Republican
bosses would not have II so II is under
stood that they don't care whether Horton
( ever gets INTO Congress. but they do want
/ to find out where the leak was who were
I the traitors. the trusted men In the coun-
ellis Of the party that played them false.
II they can discover these facts. Is
claimed they will be satisfied no matter II
! II does cost the Government $4,000 to do it,
and the contestant and contestee a similar
/ sum- This is considered the easiest way to
get the Information
The line of examination for the last few
days has unfolded the little game that was
up. Republican election officials by the
score have been summoned and have testi-
fed. In the main their examination has
been largely In favor OF the contestes.