The Pensacola journal., 1908-08-20


the laxity OF the past, though | hap
pen to know that In a majority OF the
counties the law has been rigidly en-
forced.
The Constitution makes 1t one OF
the duties of the Governor to take.
care that the laws are faithfully en-,
forced, and he has been called upon
BY a number of interested parties to-
do everything in his power TO see that
the law is compiled with in the elec-t
ton to be held May 18th. He being
absent from the Capital, I have taken
the matter up in his behalf.
have procured from Mr.. Demflly,
the tax collector, a sworn statement
containing the name of every white
citizen in each precinct of the county,
who paid his poll tax in time to be
allowed to vote on May 18th. I have
copied from this sworn statement the
names Of all the men in your precinct
who thus qualified as electors copy
of which / herewith enclose. Mr..
DemilIy has sent copy of this state
ment'to Honorable Samuel P Chairas!
Supervisor of Registration. so that
he may note on the Registration
Books the names Of all who paid poll
taxes within the time prescribed bf
law. Learning also that local dis
putes are a possibility, I have taken
the precaution of writing to M.
Chaires, suggesting that he so careful.
ly note the qualified voters on HIS
books that he will be able to testify,
IL it becomes necessary, that his
Office copies are exact duplicates of
the ones sent out to the polling places.
On the copy Of the registration book
sent TO your precinct, Mr. ChaiTes will
note every man who is entitled to
vote by reason of having paid his
poll tax, or by reason OF homage or
over-age- The law. requires that you
be sworn to allow no one else to
vote, you would be violating your oath
to conduct the election according to
law; and section 265 OF the General
Statutes provides that such violation
shall be deemed perjury. for which
Offense the penalty is final loss OF
citizenship, and twenty years i'm
prisonment in the state prison. =
Appeals to Inspectors. !
feel that your desire is to COM
ply strictly with your oath, and with
the law of the land. but during the
rush and hubbub of election day you
will have but little time to acquaint
yourself with the law governing you
on that occasion Therefore. 1 deem
it not amiss to call your attention TO
the above points. This law applies
also to the inspectors and ! respect
fully ask that you allow them to read
this letter
I am sufficiently advised of the 10
cal situation to know that if the poll
toll
copies of the registration books,
there will be bitter contests which we
would all very much regret.
The only way in which the Cover
nor can take care that the election
laws are enforced, is BY precaution-
ary measures before election day
Since he has been appealed to, IL be-
comes his duty to act. and in his alb
sence, I, as his Secretary, have TAX
en- such action as the law and the
exigencies of the situation seem to
warrant. The enforcement of the law
will debar many of the Governors
friends from voting for him. but his
first duty is to see that the law ia en-
forced. all other things being second
airy.
Respectfully.
(Signed) DANIEL A SIMMONS.
Private Secretary.
Mr.. Kehoe, by his attorneys, con-
tended that this evidence showed that
IN Leon County in the three precincts
named that illegal and fraudulent vOt-
ing was practiced and induIged in TO
such an extent as To vitiate entirely
the election Of thosa three precincts.
that the managers and
inspectors who received and can.
VaSS5d these votes were a party 10
the Illegal voting. knowing them to
be illegal at the time and therefore
making them fraudulent votes
No evidence was introduced BY Mr..
MAYS OF his attorneys. Further ar
sument was heard on behalf of the at
toTneyS. and then the committee re-
tired into executive session to consid-
er the contest and make no their de-
cisiOn- In executive session. without
division, without a roll call. and ap-
parently without objection. the COM
mittes adopted \ motion made by
Mr. Wells OF Washington County. de-
claTing that % Illegal votes had been
cast IN the counties Of Leon and Mad
ison; the next question that arose
was what disposition was to be mada
of the % Illegal votes. motion was
made by Mr. Wells, declaring that by
reason of these 80 illegal votes, it
was impossible for the committee to
say who had received a majority of
the legal votes and declare no cleo
ton; that motion was lost by a tie
II