Evening journal., 1901-01-25
Hearing Will be Continued
Here Next Week
lDDICKS STRIKE At BALL
Union Republicans Try to Reduce Ills
Allowance Grand Army
Men Heard

| STAFF CORES saondcncc Evening Journal
Dover Jan. 25.-it was a drawn bat
tie, as far as it went, between State
Senator McNulty, Democrat. and
Howard d. Ross the Republican claim
ant for his seat. before the Senate
Committee on Elections in the State
mouse parlor yesterday.
William S. Hllles. attorney for the
contestant, attempted to bowl Senator
McNulty out on q technically. The com
mttee heard argument, and refused to
permit him TO do IT.
Then j. Harvey Whiteman, attor-
ney for Senator McNulty, asked the
committee to bowl out Mr.. Ross
by striking out OF his list OF
specifications those which were most
vital to his contest This. too was re-
fused, and the committee decided to
hear the evidence and let the case 20
on It's merits.
To save time and money. aud for the
convenience Of the witnesses II was de-
cided 20 take testimony in Whining
ton on Thursday, Friday, and, possibly,
Saturday nights Of next week The
Levy Court room may be used. The
sessions will begin at and end at 10
o'clock
II is not believed that the hearings
viii be closed before week after next
forty-three witnesses already have
been summoned. and between 200 and
300 anidaNits will be- presented.
WORKING ON TECHNICALITIEs
AZ the opening OF the sitting yes
terday. Mr.. Hilles offered a resolution
directing the clerk cf the Senate TO re-
turn 20 Senator McNulty his specinca-
TONS 0i-0bieciion 60 the right Of Mr..
ltlas ~ the seat lt was rcritrd Ia
! Tie resolution that MIR. Ross served no.
| tice on senator McNulty on December
| o, and on December 10 delivered a
written specification OF the grounds
upon which he intended to make con-
test for the seat. Senator McNulty. it
recited, had failed TO deliver TO Mr..
/ Ross the specifications Of objection to
the right OF Mr.. Ross to the seat with
/ In fifteen days after receiving the no.
/ tice, as Is provided in section 2. chap
I ter %, Of the Revised Code; and
whereas, McNulty has not fled alleged
specifications of objections within If
teen days after receiving the notice
aforesaid, the papers should be re-
turned.
This presentation of the resolution
was followed by argument by Mr. Hill
les, in which he held that the statute
provided rules for the conduct of con-
tests but he admitted that he enter
tained an idea that the Senate could
pass above the statutes on account OF
| IL being a constitutional body.
Mr. Whteman cCntended that Sem
ator McNulty was not a contestant but
a member of the Senate, his certificate
/ having been certified 10 duly by the
Judges Of the Superior Court. lie had
no specifications to present
"We have filed no specifications. for
we don't intend 10 rely on them,' he
said. I'VE have filed our answer. and
/ that within the time prescribed by law.
! MT McNulty relies on his title TO a
| seat In the General Assembly by rea-
son OF the fact that he received a ma
! iority of the votes cast In his district
/ No specification Is required where the
sitting member does not intend to re-
criminate IL he dOes rely On recrimi-
nation he shall deliver specifications to
the contestant at the same time he de-
] livers his papers to the speaker. /
shall move that the contestants specih-
cations be forthwith dismissed on the
/ ground that nowhere in them is an
allegation that admitting everything
therein to be true, the result Of the
election would be changed. We have
IN these specifications of.the contest
ant an absence of the most vital allie
cation. even II everything else in il be
true.
Mr. Hilles replied by reading ex-
tracts from Mr.. Ross petition. They
went to show that if the allegations
Of the contestant are found TO
be true the result OF
the election will be changed. In an
swer to the contention OF Mr.. White
man that no specifications Of objec-
tions were required to be filed by SEN
ator McNulty he called the attention
Of the committee to certain parts OF
/ Senator McNulty's papers which were
subscribed TO by him as specifications
After the noon recess Mr.. Whiteman
made a motion that twelve specihca-
tions In Mr.. Ross complaint be
stricken out on the ground that they
related to votes that never had been
cast He contended that votes never
cast cannot be legally counted, or the
intent Of the voter presumed.
At the conclusion OF the argument
the committee sat behind closed doors.
ruled out the efforts Of both lawyers to
end the contest on the strength Of
technicalities. and fixed the time and
place for the next hearing.
ADDICKs STRIKE AT BALL.
Congressman L. Heisler Ball the re-
| lir'r0 Renuhlicar Sfete treasurer IS
not favoIite with the Addlcks lea les
He has done too much work in the
Regular Republican cause to Please
them. and now they see a chance TO get