The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-12-09
Kinds of Illegal Votes.

Here IOllOWS Al Stulelueill VI tllc Val
ious kinds of illegal votes cast and a
recital Of the fact that unless otherwise
ordered that the ballots cast in Novem-
ber will be destroyed before the Feb
ruary election.
EIevcnth-That said ballots should be
preserved TO defeat fraud, and to per-
petuate the evidence IN the suit now be-
gun to determine the right of your ora
tor to be seated as member In the
house OF representatives in the Fifty
eighth congress of the United States.
from the Tenth Congressional district of
Pennsylvania.
Twelfth--That if said ballots are tam
pered with through fraud or dishonesty,
or stolen. or destroyed in conformity
with the statute, the evidence which will
be needed in the above stated contest
case, in which your orator Is plaintiff,
will he impaired or destroyed. and your
orator will be irretrievably injured there
by.
Thirteentll-That there is no remedy at
law to preserve the ballots in such times
as they may be needed as evidence in the
case stated brought by your orator
against the defendant.
Fourteenth-And your orator prays
that subpoena or subpoenaS may issue
from your honors directed to the GUS
todians OF the ballot boxes OF each and
every election ulSIrlcl Ol tne leilti Soh-
cressional district of Pennsylvania, di-
recting that said custodians be and ap-
pear before your honors. the judges OF
the said district court of the United
States for the Middle district of Pennsyl-
vania, III the court room in the federal
building upon Il day or days to he desig-
mated by your honors, and to bring with
them the ballot boxes of each and every
election district in the said Tenth Con-
eressional district of Pennsylvania. con-
tanning the ballots and all other official
DaperS which they contain, to be depos-
tied with your honors for safe keeping
until such time as the said boxes may
after a hearing by a decree or order is
suing from your honors be emptied or
the ballots and other official papers, and
said ballots and other official papers be
sealed and preserved until such time as
they may be needed as evidence in the
case brought by your orator against the
defendant, In which case proceedings
have been instituted and are now pend
ing
Two Commissioners.
Attorneys Holgate and Connell pre-
sented the petition and Mr.. Howell
and Attorney Clarence Balentine were
present in Judge Archbald's chambers.
1t was mutually agreed by both par
ties that two commissioners, one to be
named by each side, should be desig-
mated by court rs the persons to open
the ballot boxes. remove the ballots
therefrom and after scaling them UP
deposit them with Clerk L. r. w.
Searle.
Attorney Balentine said that the only
objection Mr.. Howell raised was to the
place of deposit. He would prefer to
have the ballots deposited in the court
house. Judge Archibald replied that he
had no authority over any official in
the court house, but that he did have
authority over Clerk searle, and he
must designate the latter.
lie issued an order calling upon all
election officers to surrender the bal
lot boxes to the commissioners. who
are to be named to-day by both par
ties, and directing that the ballots re-
moved fSom the boxes be sealed up and
deposited with Clerk Searle The or
der also directs the commissioners to
report to the court as to the condition
in which the ballot boxes are found.
The commissioners will be named by
both sides this morning and it is ex-
pected that they will begin their work
to-day. They will arm themselves with
certified copies of the order of the court
and will take large bags along in which
to put the ballots after they are taken
from the boxes.