The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-01-23

extent have the alleged gross error,
frauds and mistakes been MADE. In th
manner ard conduct of holding the cleo
ton on November 4, 1858. in Oklahom
| territory for the election Of Il delegat
in congress from said territory of Okla
| bona in the Fifty-eighth congress of tn
| United States; nor can | determine -
as to defend myself from your allegation
! in whatp recincts the said various per
sons who are not naturalized citizens o
the United States Go the extent of $50
cast their vote in Beaver county no.
for whom said votes were cast. Nol
can / determine so as to defend mysei
therefrom, as 10 the precincts in Wood
ward county in which YOU alege were
cast 125 Illegal votes by various persons
| who were not naturalized citizens of the
United States. Nor can / determine so as
to defend myself therefrom as TO the pre-
cincts wherein you aIlege there were
cast 135 Illegal votes by various persons
who are not naturalized citizens of the
United States and We're not entitled 10
vote at said elections. nor be able on
that account to determine upon an ef-
| fectual defense under said alleged
charges.
''Fourth-The same is true as to the
elections named in the remaining portion
of the sacond paragraph of your alleged
notice of contest as TO Lincoln county,
! where you allese that $50 illegal votes
were cast for me by persons who Were
not residents of Oklahoma territory. And
as to Oklahoma county where you aliege
! that there were 100 illegal votes cast for
| me by persons who were not residents OF
| Oklahoma territory, also a sto Payne
! county, where you allege that $50 Illegal
| votes were cast for me by various per-
sons who were not residents of Oklahoma
territory; also as to Pawnee county.
wherein you alIege there were cast for me
100 illegal votes by various persons who
We're not residents of Oklahoma territory,
and as to Pottawatomie county. where
you allege that there were 100 illegal
votes cast for me by various persons
who were not residents of Oklahoma ter
ritory
"Five-The same objection Hes to the
vague and indefinite manner in which
you have alleged that mutilated ballots
in various counties were not counted. but
which had been cast for you in the vari-
Gus counties constituting the territory of
Oklahoma and I hereby give you notice
that | shall ask that all said charges be
suppressed by reason of their vague. in
which are alleged by you without reason
or knowledge of any such frauds or mis-
takes having been committed, but simply
as draSnet for the purpose of impos-
ing upon the 5Sth congress false, ma
licious and indefinite charges as to al
legged notice and contest.
'Sixth-Therefore, without waving in
any degree any of the dights guaranteed
me by the law or waiVing any of these
requirements Of the statutes which are
binding upon you, If You intend seriously
10 contest my election as aforesaid, and
protesting that l cannot be lawfully call
ed TO answer under the laws and statu-
tory rules and regulations governing
congressional contests. ! shall proceed to
deny all and particularly the facts al
legged in said alleged notice.
'.Seven-I deny each and all the allega-
tions of fact insuf.clently set forth in
the first, second third. fourth, fifth,
sixth and seventh charges or grounds,
as they appear III your said alleged no
tice.
Eight deny specifically that he
cause of the alleged frauds. mistakes
and errors set forth in the specifications
Aforesaid and numbered from l to :. in
elusive. the certificate of election as dele
gate in the house Of representatives of
the United States was improperly issued
to me. the said Bird S. Mcclure, when
proper compliance with the law would
have required that such certificate OF
election should have been issued to yoG.
W. NJ Cross. contestant.
Il aver on thc contrary. that | was
duly and legally elected by duly qualified
and legal voters of the territory of Okla
homa. by their ballots duly deposited.
returned ana canvassed by the proper
tribunal constituted by law as a dele
gate in the house of representatives, of
the 5Sth congress of the United States
for the said territory of Oklahoma. and
that my certificate of election as such
was duly and properly issued TO me and
delivered to the clerk of the house of
Representatives at Washington. D. {. And
that I am entitled to a seat in the 18th
congress as such delegate. the unfcunded
indefinite and unlawful charges which
YOU have prepared and designated rs
grounds of contest to the contrary
'Nine-Without waving my right to
exclude your SAID alleged charges for
lack of sufficient service. and to exclude
the same and by reason of pour failure to
make your said alleged charges reason
ably specific and answering more par
ticularly TO your third charge wherein
you alleged that ballots having your
name in both the Democratic and Popu-
list columns. and which YOU aTege Were
thrown out and rot conted to the amount
of 4.052 in the entire district. specifying
the same by counties only. and which
youalleg . should have been counted for
YOU Tor congressional delegate. I speci-
fcally deny the same. and charge that
il 1t be true as you aTege that in the
various counties of the district the num-
ber OF tickets which you allege or this
character were thrown out and not count
ed for YOU 10 the said aggregate number
of 405S in the district. such action was
proper and right under the laws Of the
territory OF Oklahoma because such ad-
ditional MARKING upon said ballots was
such a distinguishing mark rs enabled
your part.sans and Sonfeler2tes 10 sue
ccssfuliy obtain votes by bribery and
corruption. Such additional mari. upon
said ballot served To indicate that such
Illegal vote had been succ5 ssfully cast
for you. on the contrary. aver that
in Blaine county and other counties in
the district at the various precincts there
81. large numbers of ballots were un-
lawfully and Improperly counted for you
which had been marked BY the voters
opposite your name IN the Democrats