The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-07-04
Pensacolian Answers Mays
Reply to Kehoe's PROPOSE
ton for Count of Votes
Before Congressional Com
nittee.
pensaeola. Fla- july 2.

Hon. Dannitte H. Mays, Montaceho'
Fla.
Dear Sir: / have before me your
letter of the goth ult-, and note thal
in the outset you complain OIL NY
publishing mine of the Z'tn 10 you
without waiting for a reply Your as
sumption that a discourtesy was
thereby done to you is no doubt IN
duced by the apparent belief that the
subject matter of my letter was per
sonal to you and not OF concern 10 the
public. a belief in which do not con-
cur. I had no private propositions 10
submit without the knowledge OF the
public and, regarding the pubic as
more vitality concerned in the matter
than you or l as individuals couia
possibly be, / deemed II proper ana
Just that they should know my alu-
tude as early as you.
Your letter does not expressly De
cline or assent to the propositions
submitted. though the warmth OF
your objections warrants the INFER
ence that you refuse to consent 10
disposition of the matter along the
lines suggest. Though you apparent
" do not deny that illegal votes were
5 cast In, the. recent primary, and that
they contributed to the apparent re-
! suit. you not only object 10 the plan
of elimination 1 proposed, but, sug-
: costing no remedy or course of pro-
ceedins whatever. you coHtent your
self with saying simply: Il can see
/ no remedy In other words, without
denying my premise that Illegal votes
were cast, you place yourself in the
s attitude of saying to the qualified
I electors of the district that though
this be true and though such illegal
votes may have offset legal ones, yet
If the legal ones be counted the He
gal ones, though wrong. should also
be. counted. You cannot justify your
position before law-abiding people
Admitting, as you seem to do, that
Illegal votes were cast and counted,
you seek to excuse them by the sug-
gestion (a) that they were possibly
cast for me and OBJ that this is no
state election but simply a Democrat
ic primary" As to the suggestion
that such Illegal votes were possibly
cast for me, / challenge you to show
the fact and would be glad of any
proposition from you looking to the
elimination of all illegal votes, for |,
at least. desire no vote counted for
me that was not legally cast. Aside
from this. however, as TO your sug-
gestion that such votes were all cast
=
certainly did not yourself believe that
TO be the fact for. Al the -tma-nf- zsE1t
tHeTe We're qualified electors In
several precincts also, you yourself
received more votes than there were
electors qualified. I say therefore
that your suggestion that all Illegal
votes were cast for me could not nos
sioly have been made by you in good
faith 90
AZ To t-ou- oxo,.. -.
state election but simply a Democrat
ic primary" / beg to assure Won that
, this is a state election in the sense
mat II is held under and regulated by
express statutory enactment, as YOU
certainly are aware Surely at the
Tune OF penning that excuse you must
nave forgotten the fact that the pri-
mary law itself expressly provides.
No person can vote or take mart in
the proceedings of any primary cleo
ton who is not by the laws of the
state lawful elector, who has not
paid his poll tax legally due not less
tnan ten days before such primary
election is held, and authorized IN
vote in any legal election in the
ward or precinct for which such pri-
mary election is held"
Likewise 1t is provided BY the stat
uteS or this state: Whoever casts
knowingly an illegal vote at anv cleo
ZION In this state held according to
law, snail be punished by fmprison-
ment In the state prison not exceed
ing SIX months, or by fine not exceed
ing one hundred dollars" Certainly
IN the face OF these positive statutory
enactments. you cannot further SER
iously contend that Illegal votes cast
should be counted because this Is
simply Democratic primary" If
You do so contend, then it must be
apparent to thinking people that you,
TO that extent at least, condone vio-
latons OF the primary election law.
You and l sought election under this
law, each bound by the oaths taken at
the time of registration. and at other
times in public capacities To support
the law, and in that situation neith-
er of us. Ii seems to me. as law abid-
Ing citizens, can, with propriety, sane
ton the reception of illegal votes. The
primary statute forbids such votes.
and candidates seeking the support
of the electors, under this statute. can
less than other people AFFORD to dispaT-
age the statute by excusing Illegal
votes. simply because they are cast in |
"a Democratic primary" If the prac-
tee OF casting such votes were uni