The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-08-07

|
written by Governor Mead and adj
! dressed to Warden KEGS relative to the
employees of the state penitentiary who
were charged with fraudulent regis
| tration prior to the last city election:
Mr. A. F. KEGS, Superintendent State
Penitentiary, Walla Walla, Wash.
Dear Sir: Referring to our con-
versation in my office in relation to the
charges of perjury that had been made
against certain penitentiary employees,
and dismissed, you will recall that at
that time told you 1 would delay ac-
ton on the matter as you understood
the employees were about to ask the
attorney general for an opinion ON
their legal right to obtain a residence
and vote in the city of Walla Walla.
find on inquiry at the office of the at
torney general that no such opinion
has been asked. AS sufficient time
has elapsed to permit the opinion to
be asked and obtained, feel that the
matter must now be disposed Of.
1t appears from the record that, prior
to the recent city election in the city
of Walla Walla, complaint was made
against D. H. Woolery, H. Kinsman,
r. r. Hazelton, Charles B. Wood, T.
F. Donohue, Fred Scott, w. H. Dixon
and c.. l.. King, all employees of the
penitentiary, charging them with hav-
ing committed perjury by qualifying as
electors in Lewis precinct in the city
| of Walla Walla, the complaints alleg-
ing that they had not lived in the said
precinct for a period of thirty days or
any period at all. The cause came on
for hearing July 6, before Hon. Thomas
H. Brents, judge of the superior court,
sitting as committing magistrate. Sew
eral witnesses were examined for the
state. 1t appears from their testimony
that on or about the 18th day of May
man presumed to be Charles B.
Wood, who occupies the position of
captain of the guard at the penitenti-
airy, engaged two rooms in the States
man building, an annex to the Palace
hotel, in Lewis precinct, Walla Walla,
| and that twelve men were registered
on the hotel register as the occupants
| thereof; that the rooms contained
three beds and a lounge or sofa; that
in the early part of June the Defend
| ants named herein applied at the Of
flee of the city clerk of Walla Walla
for registration as qualified voters OF
Lewis precinct, gave their residence as
the Statesman building, and were reg
istered on their signing what pur-
ported to be an oath stating their
qualifications.
i It is a matter of fact that the peni-
| Tertiary, at which the men are en-
ployed, is not located in Lewis pre-
cinct. 1t is also a fact that the state
provides sleeping quarters and board
for all it's employees at the institution
and requires them to spend the greater
portion of their time, night and day,
there. Further, it is not claimed that
any of the men mentioned were resi-
dents of Walla Walla county prior to
their appointment, this year, to posi-
tons at Walla Walla, while it is known
that several of them, at least, were ap-
pointed from other counties.
The defendants were not given an
opportunity to submit a defense in
asmucn as the magistrate dismissed
the charges of his own motion when
the state had completed it's presenta-
ton. My only information as to the
defense which might have been made
is contained in letter from you and
in one to the same effect from Hon
John L. Sharpstein, counsel for the
defendants, in which he maintains that
each of the defendants at some time
mad occupied the rooms in the States
man building, each mad key thereto
and that it was the intention OF all tC
select that as their legal place of res
| idence by occasional occupancy, and
not to return to the place from whence
they were appointed. The question
that any of the men was not quail
fed voter of the state at the time OF
his appointment has not been raised
II Statements made that employees of the
penitentiary in the past have registered
and voted as these men sought tC
register and vote, 1 regard as no de-
tense whatever
Judge Brents dismissed the charges
on the ground that registration oaths
administered to the men registering
were improperly administered, did not
/ he in, "a nnntQy1onl9 fiOn