The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-01-23
NJ CURE !;
REPLIES
TO CROSS
Makes Public Statement of
Contest Case.
EVERY POINT COVERED
Will Move to Suppress Notice
of Contest.

Guthrie, o. T., Jan. 21.-Bird Mcclure
has sent his answer TO the notice of con.
lest received from Bill Cross not long
ago. 1t completely smothers Cross ana
his little game to protect his betting
friends who put up money on him is at
an end Dudley and Mitchner will handle
the case when it comes up al Washington
acting as McGuire's counsel
The answer is as follows, in the most
important particulars:
Dear Sir: Notwithstanding that the
result of the election for a delegate to
represent the territory of Oklahoma in
the Fifty-eighth congress of the United
States duly determined and announced
by the board of canvassers. duly author
ized by law. the 18th day of Novem-
ber, 1902, and the certificate thereof duly
issued and delivered TO me and that the
thirty days allowed by section 1G5. Re
vised Statutes, L. s., within which any
person desirous of contesting my election
as such delegate should give me notice
in writing of his intention TO contest the
same, has expired. l did not receive any
such notice within the specified period
hereby that shall move the proper com
mittee on elections in the house of repre-
sentatives in the Fifty-eighth congress of
the United States to quash your alleged
proceedings for the reasons above stated.
'Second-Fhe only notice of your al
legged contest of my election as delegate
for the territory OF Oklahoma in the
house or representatives for the Fifty
eighth congress of the United States,
consists in n paper enclosed in an en-
velope which l received unopened on the
2S;h of December. 1902 which paper en-
velope l found in my mail on my return
10 my home in Guthrie, Oklahoma terri
tory, on the 18th day of December. 1902
on which was a United States registered
mail stamp. which, upon opening, I found
10 contain your alleged notice of contest.
dated December Il, 1902 No personal
service of such alleged notice, as re-
Cuired by the laws Of the territory of
Oklahoma, nor any domiciliary service
IN compliance with said laws. has been
made upon me OF your said alleged notice
OF co ltcst. nor has the statute governing
such service been complied with in any
particular. l shall, therefore, for the
aforementioned reasons. move to SUD-
press your said alleged notice of contest
end insist that no notice of contest has
been duly served upon me as required
by law. Whatever answer therefore [
shall make to said alleged notice of con-
test is made under protest and in the
firm belief that no notice such as is cor
templated by law, has been made or
served uDOn me
''Third-Nithout waving any Of the
benefits accruiEg 10 me by reason of the
said failure to serve notice of contest
upon me within the time prescribed by
law. as aforesaid l shall proceed to move
that the said alleged notice of contest
SHAH he disregarded by the election COM
mittea OF the Fifty-eighth congress and
by the house Of representatives. as well.
and FOR the additional reason that the
same Is not specific in any of its alleged
grounds as is required by section 105 of
the Revised Statutes of the United States
md for this reason | ought not TO ne held
70 answer said alleSed notice of contest
irasmuch as from the statements therein