The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-03-31
test case Of Murley VS.. Allen.
COMMITTEE ON PDTVILEGEs AMI
ELECTION.

M Speaker.
We. your COMMITTEES on Privileges
and Elections. having had under con.
sideraiion the contest OF ID. q. Murley
vs. w. II y Allen, as to which is en-.
Titled 10 a seat ia the House Of Repre-
sentatives from Alfalfa County desire
to submit the following report ,fo-wit:
Your committee, upon agreement of
both contestant and contestee. made
a trip 70 the town Of Cherokee on the
9Th day of March. 1903. for the purpose
OF counting the ballots In the election
on September II. 1907, but could not
procure said ballots on account OF the
unwillingness Of II. l.. Kincheloe,
county clerk, who refused TO submit
the ballots TO the committee.
On Saturday following said date a
Subcommittee met in the distric.
court room OF Alfalfa County. in the
town OF Cherokee, and summoned
divers parties to appear before said
committee and submit evidence rela.
tive to said election, the Speaker Of
this House being present and question
ing the witnesses touching such mat.
ter. Said evidence is hereto attached
and made a part of this report
We have had several sittings Of this
committee for the purpose OF hearing
evidence and argument Of counsel. and
subsequent TO the taking Of said evi-
dence the said H. l.. Kincheloe was
summoned before the bar OF this
House to show cause why he should
not be fined for contempt Tor failing
and refusing to submit the ballots.
The action Of the House therein has
caused him to yield and obey the sub
pOena and summons of this commit
tee. and on the 4th day of March,
1908. at a session held in Cherokee
Alfalfa County, said ballots we're
counted We found after recount
OF all OF the ballots cast in Alfalfa
County that d. G. Murley, the con.
testant in this case, had received a
majority a. 235 votes, il being in the
record Of this case that the grand jury
Of Alfalfa County had gone into a por,
tion OF the boxes In question for the
purpose OF investigating certain al
legged election frauds. and it appearing
to the committee that It might not be
well TO consider the boxes broken
open by the grand jury, which were
broken open irregularly and contrary
to the law in this that they had been
submitted by the county clerk without
an order of the district judge, and that
subpoena duces tecum had been Is.
sued by the district clerk to the
county clerk without such order. the
committee, therefore, proceeded to
count the remaining boxes which had
not been opened. and from a recount
OF these boxes only, eliminating the
boxes opened by the grand jury, we
find that d. G Murley had received q
majority OF all of the votes cast In
Alfalfa County in the election on Sep
tember II, 1907: and for reasons your
committee recommend that d. G. Muir
ley be seated as a member OF tbe
House Of Representative OF the First
Legislature OF Oklahoma. as entitled
by all rules of equity and law and by
the returns in any manner In which
they may be counted to said seat.
We therefore recommend that he
be seated as such representative from
Alfalfa County
We further recommend that said
H. L. Kinoheloe h&sing complied wiki
the orders OF this House In submitting
the ballots after twenty-four hours i'm
prisonment in The jail OF Logan Coun
| ty be discharged from the custody ol
the House, as having purged himself
OF contempt, and, therefore, entitled
to release under the orders OF this
House.
Il is the belief OF your committed
that the count of the returns by the
authorities OF said county we're erron
eous, and that the frauds connected
herewith consist In failure tC
count the ballots upon the returns o
the election OF the various precincts
IN Alfalfa County, were falsely and
frandulently made with reference Il
the election in said county.
All OF which Is most respectfully
Submitted.
J. M. LONDON.
Chairman OF Committee
J. T.. PASCHAL
LEO HARRIS,
G. A. SKEEN,
II. G.. STETTMUND.
Mr.. Paschal moved the adoption o
the report and recommendation
therein contained.
Mr. Chappell submitted the follow
ling minority report on the same sub
liect and moved it's adoption
Mr. McCalla presiding.
Mr. Speaker:
We. members of your Committed
on Privileges and Elections wish L
make the following minority repor
in the contest case Of Dan Murle,
Tvs. w. r. r. Allen for a seat IN thi
House from Alfalfa county:
After having had several meetins
of the committee. a subcommittee o
three members. namely. Charles Lon
don, chairman; Leo Harris and A.
Sands were appointed TO go TO Cherc
kee. the county seat Of Alfalfa count
land count the ballots Of said county
after having made a canvass OF sail
ballots the subcommittee reporte.
that in several precincts the ballot
had been tampered with TO an exten
lst was impossible 20 ascertain tn
win OF the voters on Alfalfa county
The returns from said county. on ill
IN the Secretary Of States Office shoy
lW II. n. Allen to have received
plurality OF 81 votes, and he was Is
sued certificate of election and wa
seated in this House. aud has beer
lserying as a member of said Housl
\ for 100 dapo II fa further uhouy d.