Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-09
MR.. WACHTER TO WIN
WISEACRES THINK HE WILL
HAVE EASY VICTORY.
will Formally Open Fight for Mayor
at Big Mass Meeting-Have
New Slogan.

New Slogan.
BALTIMORE, February 0-Representa-
tive Frank C. Wachter will formally open
his campaign for mayor OF Baltimore with
a great mass meeting at Broadway Insti-
tute Hall on February IL. He will be the
principal orator of the evening, and William
M. Kerr and William F. Broening, two of
Mr.. Wachter's warmest admirers, will be
among the other speakers. The impression
prevails among many Baltimoreans that
Mr.. Wachter will have very easy time
winning his fight this time.
The Wachter clans have adopted Win
dication and Victory" slogan, which is on
all the literature which is being sent out
from headquarters.
The following statement has been issued
by Chairman Schulz: 1.-The municipal cleo
ton of 1903 disclosed a remarkable state Of
affairs. The close returns their face
showed beyond doubt that Mr.. Wachter
was strong public character and enjoyed
the confidence of the people. The result of
the primary election evidenced the strength
of Mr.. Wachter within his party, and when
! the returns of the general election became
known it was obvious that no more avail
able man could. have been selected by the
republican party for that nomination.
After the election expressions could be
heard on every side that he had been elect
ed mayor of Baltimore. These expressions
became certainty within the next few
days thereafter. The mass of our voters
were convinced that fraud had been perpe-
trated to the detrinent of Mr.. Wachter.
Petition for Recount.
Believing that the will of the people
had been thwarted, there was nothing left
for Mr.. Wachter to do but bring his action
of contest before the superior court of Bal
timore city, which he did on May 20. 1868.
1.-The petition filed by Mr. Wachters at
torneys recited the facts in connection
with that municipal election, setting forth
that the board of election supervisors in
canvassing the returns had given plu-
rality of 564 votes for Mr.. Wachter's OPP
ponent, but in doing SO had failed to in
clude the ballots in the boxes Of four pre-
cincts. The petition then set out with par
ticularity the various fraudulent acts upon
the part of different judges and clerks Of
election throughout the city.
after the usual preliminary legal for
malities and while his opponent was
strongly intimating, If not actually saying,
that he preferred no title to election at
all to one stepped in fraud, Mr.. John p.
Poe of counsel for the respondent, came
forward, and instead of following the lead
of his client began at once to throw in
the path of equal and exact justice every
one of those obstacles with which over
forty years Of practice had made him
familiar.
First came an answer, coupled with ex
ceptions to the sufficiency of the original
petition. Every layman thought that n
speedy end would be had of the contest
when the necessary general replication
had been filed and leave to take testimony
was granted. but they did not know the
limits of the resourcefulness Of the coun-
sci who was fighting against the exposure
of fraud.
After the original petition had been
filed the respondents counsel came INTO
court with petition to the effect that his
side was not yet ready to take testimony
and would not be ready until the demand
contained in the answer for more par
ticular and itemiZed statement of fraud
should be passed upon by the court
Plurality Cut Down to 1O3.
Thine was and always will be a valua-
BILE asset for those who desire to cover up
the devious and mysterious footprints of
the fraudulent. Delay was what those
who profted by the seeming defeat of Mr..
Wachter wanted; but in this effort they
failed, for the court promptly overruled
the stand taken by them and the taking of
testimony began. The entire summer was
consumed in the arduous task
Again the counsel for Mr.. McLane came
forward with exceptions, having for their
purpose the preventing Of the counting Of
the ballots in the boxes of the four pre-
cincts which had not been made by the
| JUDGES Oh THESE preclnClS. lnlS Time again
the distractions proved of no avail, for the
court, after consultation, allowedNthe bal
lots in these boxes to be counted, and di-
rected the board Of supervisors to count
them so as to make complete canvass
of all the precincts in the city, and when
this was done the apparent plurality of
Mr.. Wachters opponent was reduced to
1O3. But it must, however, be borne in
mind that the court did not order the
opening of a single box or the recounting
of a single ballot of those that were re-
turned to the board of supervisors at the
close of the election.
I'm the fourth ward alone Mr. Wachter's
attorneys charged that 147 of his votes had
been rejected, in the fifth ward 167 in the
eleventh ward 224. in the fourteenth ward
lis. in the fifteenth ward 1O3, in the six
teenth ward 1865, while in all the other
wards ballots were rejected in numbers
ranging from II to "a, SO If the boxes
in any one of the wards first mentioned
had been ordered opened and the ballots
would not have been different. The court
however, disallowed further investiga-
ton.
Rules of Evidence.
1.-THE result Of the efforts of Mr.. Wach-
ter to have recount of the ballots ceased
to be matter of doubt when the court de-
cided that they would be guided in their
inquiry by strict rules of evidence. Those
rules, it is we'll known, exclude much in
formation which would be quite sufficient
to determine the conduct of any reason
able man in the most important transac-
tons Of private life. These rules daily save
scores of culprits whom judges, Jury and
spectators firmly believe to be guilty. 1t
Is clear that the failure of Mr.. Wachter
to have the ballots recounted and the
fraud against him exposed under such cir
cumstances cannot stand against him be-
fore the bar of public opinion.
THAT he was defrauded and despoiled
out of the fruits Of his honest efforts was
never seriously doubted by any man who
took the slightest pains to inform himself
upon the subject. The vindication sought
can only be had from the people, and to
that tribunal Mr.. Wachters appeal is
made