The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-03-05
REFUSES TO DELIVER
ELECTION BALLOTS
Recount is Necessary TO De.
termine Status Of ROsse
Membership Contest


s subpoena duces tecum was issued
By Speaker Murray yesterday even
90 the county clerk Of Alfalfa county.
The clerk has refused to deliver the
ballots cast for Representative Of al.
falia county to the house sub-commit
toe on PRIVILEGES and elections, who
are now al Cherokee tor the purpose
OF fecountinR the ballots. This action
is due to a contest instituted by Murlgy
against Allen. the republican who has
been holding down a scat as represen-
tafivo from Alfalfa county When
Il news WAS phonci 10 the Speaker
hs stated that he presumed The clerk
was acting merely for the purpose Of
self protection A hasty conference
was held and Chairman McCalla, OF
the legal advisory committee, brought
in resolution giving the speaker
power 10 issue subpoenaes to any and
ali persons to appear and testify in
any investigation before the house or
any OF It's committees, and also TO COM
mand him TO bring any boks, papers
on records TO be used as evidence in
such hearing, The resolution then
proceeds TO specify the clerk OF Allal-
IA county. orpny Of his deputies, and
empowers the Issuance OF a summons
to come before the committee and tcs-
THY and also 10 bring all ballots. tai.
Is sheets roll boks, etc
The recount Is not an effort 70 GUST
republican rs the overwhelming
democratic majority in the house pre-
cludes amy necessity for such action.
The recount was granted by the com
mittee only after long and persistent
EFFORT on The part Of Mr. Murley the
democratic nominee He was deieat-
od by only thirty-ssven votes and ask
ed q recount OF only Ave townships,
though recently the two contestants
agreed on q recount Of the entire
county Mr. Muriey asked for a uni
form count. which he said was merely
matter of justice 10 the people OF his
county II Was only after hearina
sworn testimony that the recount was
ordered
when the McCalla resolution came
before the house yesterday II was car
rled unanimously Branson believed
that the resolution would be ia conflict
with the election laws, which compel
tho SCALING up of the ballots and theil
Eaf keeping by the county clerk iol
one year and are not 20 be opened eN
cept on order Of a district Judge. Th'
speaker took an opposite view. statinl
that the statute had been enactes
prior 10 the time the constitution wen
into effect
The McCalla resolution carries on
f9eclncaily the provisions of sectiol
2. article 5. OF the constitution Thi
section provides that in any leeisla
tive Investigation either house of tn,
legislature, OF any committee thereof
duly authorized ay the house crcatn'
the samei snail have power 70 punisl
as Tor contempt disobedlence OF pre
cess or eontumacious or discrderl
conduct. and this section shall ais
apply to Joint sessions Of the legisls
hne. and also 10 Joint committee there
If. when authorized by joint resolution
Of beth houses
This section clearly gives the legi'
lature ur its committee power 70 sun
mon persons 70 appear and to compa
attendance said Speaker Murray
ms self Nrot she section in the ligl
Of an lnFesliraiion by congres8 som
wears ago Some sugar frauds wer
being investigated hy a congressions
eOrmiitec They summpnd a witnes
to anpear and bring certain books an
recoris. He refused 90 come hetef
the committees aud contempt pToceel
inra were instituted When the matte
reached the United States Suprem
court they decided that congress IA
no such powers nor had any of /
comWiitees This section Is intende
70 lJrcstall the possibility Of any sue
occHfrances in Oklahoma should q
leFslainfo desire 90 investigate co
pDlato OF other abuses This cOnte
matter IS clearly q case IN point