The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-12-19
PAPERS
PREPARED
BY CROSS
Notifies Bird Mcclure That
Contest Is Filed.
Saws He Was RightfuIIy Elect
ed as Delegate.

has mailed copy to Bird s. Mcclure,
who defeated him.
Mr.. Mcclure is not in this city a pres
ent, being on a few days visit at Kansas
city. No one in the Republican ranks,
nor many in the Democratic ranks. have
thought seriously OF contest, for every
one beHeYes that Bird Mcclure was
! elected honestly and they are glad of it,
| The contest case can end but one way
and that way viii be the confirmation
of the vote.
c. Porter Johnson prepared the pa
pers on the grounds for contest and the
| following letter.
To Hon. Bird S. Mcclure. Pawnee, Ok
lahoma Territory:
Sir: You are hereby notified thoa I
win contest your right - seat ir the
Fifty eighth congress of the United
States as a delegate in the house of rep
resentatives from the territory of Okla
homa. for the following reasons:
"First-rhat gross frauds. errors and
mistakes We're made in the manner and
conduct of holding the election ,towit:
November 4. 1902 in Oklahoma territory,
for the election of a delegate TO con-
gress of the United States, which errors
and mistakes were as follows
SPECIFICATION.
"Second-That in Beaver county, Okla
homa territory. there were cast one hun
dred and fifty Q5O legal votes b. vari-
Gus persons who were not naturalized
citizens of the United States; and in
Woodward county there were cast oae
hundred and twenty-five OPS illegal votes
allied citizens of the United States; AMI
IN Woods county there were cast ,lc
hundred and twenty y-five illegal votes ~
various persons who were not naturalized
citizens Of the United States and were
not entitled under the laws Of Oklahoma
territory to vote at said election, aad
that all of said illegal votes in aIi Of
said counties were cast and counted for
Bird s. Mcclure. contestee, for the offic2
of delegate to congress from Oklahoma
territory. That in Lincoln county, Ok
lahoma territory, there were two hundred
and fifty ESQ illegal votes cast by per-
sons who were not residents of Oklahoma
territory; that in Oklahoma county there
were one hundred 600 illegal votes cast
by persons who were not residents of
-lahoma territory that in Payne county
there were one hundred and fifty $50
illegal votes cast by various persons who
were not residents of Oklahoma territory
and that all of said illegal voters In all
of the above named counties voted for
Bird S. Mcclure, contestee. for delegate !
to congress- and that said votes were !
illegal and improperly counted for said |
S Mcclure, contestee.
V-i,a+ ,rrose fro,rTc ,sfc4oIra- md 7
errors were made. in that large num-
ber of legal votes cast for W N. Cross. |
contestant, were thrown out as nUtilaJ- |
ed ballots which were not mutilatc1 bal
lots, but were in the usual and legal |
form and in all respects complied with |
the laws of oklahoma territory govern
ing the election of delegate in congress.
said ballots thus thrown out as mutilated |
ballots were ballots upon which the name
of W. NJ. Cross appeared in the Demo-
cratic column and IN the Populist col
umn. and the voter stamped his said
ballot in both pemocratic and Populist
celpmn; that the number Of said balr'ts
sc soted and thrown out III the various
counties were as follows. to-wit Blaine
county, twenty-four C2D; Beaver county
eighty-six (S6); Day county, siXty-five
(65): Dewey county, ninety seven on;
Custer county. one hundred and seventy
eight as. Comanche county. one hun
dred and eighty-thres QSl; Cams iian
eigllty-eight Css>: Caddo county.
cre hundred and thirty nice O39) Gar
field county. three hundred and eleven
ClD; Cleveland county siX''-tw0 n@): |
Grant county one hundred and nin' teen
ll9}; kiagfsher county Two hundred and
forty t-4U Kay county. sev, n;y-segen
O. lincoln county. one hundred ard
seventy-four u7D: Oklahoma county. .. c
hundred G00; Noble couE.y. one hun
ired and twenty-six G2fi; Payne county.
Dne hundred and seventy nine ,1T9); Paw
nee county. one hundred anl eighty three
lS3); Pottawatomie county. one hundred
and seventy nine G7e). Woois couI.tv
four hundred and gshy (e>) Woodward
county, two hundred and twenty-five
4. .ashitl cour.v. one hundred ana
iourtceu OID. Roger at iss a>r. thirty
s.',n 80; ali o. which said c-ilt
are located IN and q part Of Oklahoma
territory. and none Of said ballots were
counted for said ". NJ Cross. contest
ant. but should have been, as the inten-
lion Of the voter was not only appsr-
snt. but manifest upon the fare Of the
ballot
SPECIFICATION.
'-Fosirt ll-Thas gross frauds errors and
were made by various election
11iciais in various precincts in different
OF Oklahoma territory Il count
ng and compiling the votes cast Al the
.aid election. II that eleven hundred
100 illegal votes cast for Bird 5. Nc
Suire.- coatestee. were counted FOR said
8iEd : Mcclure: and three thousand
,.ne hundred and hfty-eight ce.sss5 legal
-otes cast for " n. Cross. contestant
we're thrown eut as mutilaie5 ballots and
xere not counted for sad " n. Cross
when ln fact they should have been under ,
he laws oT oklsherna territory govern ,
NJ election for delegate in congress
SPECIFICATION.
.'Fifth-That Bird s. &cGusrs, accord ,
q gto the fraudulent ard illegal re-
uras of said election officials. received
orty-five thousand. eight hundred and
hree lss.S.~l votes and said " Il Cross.
.cco7ding 20 said fraudulent and illegal
.e1urns. received forty-fs-e thousand.
cur hundred ard nine Is So votes. CIV
ng sid contestee only a majority upon
lie face or said Illegal ard frau6ule-sf
.eturns = tire hundred ard n5asty- -four :
so votes.
'Sixth-That there we're coaufed fos q
aid Bird :. Mcclure eleven hundred !