The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-07-01
In TRANSFERRING His Com
munication Stenographic
Errors ObScured His
Propositions.
SECOND LETTER MAKES PLAIN
PENSACOLA CANDIDATES POSI-
TIoN ON THE ALLEGED IRREe-
ULARITiES THAT OCCURRED
IN THE RECENT PRIMARY.

ed by j. Walter kehOe, or pensacola,
to Dannitte H. Mays, of Monticello,
regarding the race for congressman
from the third district:
Pensacola, Fla, June %, 1908.
Hon. DanLitte H. Mays, Monticello,
Fla.
Dear Sir: Through an error of the
typewriter, which escaped detection
until after my letter of the 9th inst,
had passed beyond my control, my
propositions to you were somewhat
obscured.
The propositions intended and die
tated, were as follows:
1. Whenever and wherever it shall
be discovered that such illegal votes
have been cast in any precinct for the
congressional candidates at said cleo
ton without the connivance and con-
sent of the inspectors of such pre-
cincts that, then and in that event,
the committee do purge the polls of
such precincts by rejecting therefrOm
all illegal votes; and that the votes
cast for each candidate for congress
at any such precincts in said election
do be diminished by rejecting from
the votes received by each at each of
such precincts such a proportion of
the illegal votes cast in said precinct
for congressman as the number of
votes received in such precinct by him
bears to the total number of votes
cast in such precinct in said election.
2. That whenever and wherever il
shall appear that illeSGl votes have
been cast in any designated precinct
with the connivance, knowledge and
consent of the inspectors, IL any,
then and in that event the votes cast
at such precinct for congressman shall
be treated as tanned with fraud and
thereby vitiated and shall be rejected
in toto
In making these two propositions,
my Objects to reject all illegal votes
cast that can readily be discovered by
a mere inspection of the records, and
in doing so to follow the established
rules of law in all elections contests,
that is to separate all Illegal votes to
be rejected into two classes: ID
Those Illegal votes which have been
enormously cast and received under
the superstition that they were proper
and legal, and without any intention
on the part of the inspectors and
electors to violate the law; ca Those
illegal votes which were cast and re-
ceived with the knowledge and con-
nivance of the inspectors and electors
for the purpose of affecting the re-
suits of the election through an inten-
tional violation of the law.
In the first class the illegal votes
are cast through a misapprehension,
with no intention of violating the law,
and are regarded as mere Irregular
ties. In this class of cases the law
will reject them when the illegality is
established, without, however, giving
to them the effect of vitiating the to-
tai vote cast at that particular pre-
cinct- In the latter case the law looks
to the purpose of the officials and the
electors, and where a common design
to disregard the law, and thereby to
control the election is discovered,
such purpose and conduct is treated
as permeating and tainting the whole
vote cast at the entire precinct, and
for that reason the vOet is rejected
in toto.
In the first class, where the Illegal
votes are merely rejected for some ir-
regularity and the remaining votes
are to be counted, there must be some
method of apportion ng the rejected
Illegal votes to the candidates, where
1t cannot be discovered for whom the
legal or illegal votes were cast. In
this case. it is laid down by the legal
writer's on this subject that the Illegal
votes shall be deducted proportionate
" from both candidates according to
the entire vote cast for each at the
particular precinct from which the il
legal votes are rejected.
In your publ shed statement con-
tanned in the Tallahassee Sun of the
eth inst. you seem to admit iTregu-
larities resulting in Illegal votes. As
regards those you surely would not be
averse to pursuing the course which
/ have suggested and which l believe
is universally followed by the courts.
From information which / have re-
ceived. it seems that in one or two
counties. upon which you rely for
large majorities, many votes, appar-
emily of the latter class, were cast
This is indicated by a copy of a let
ter addressed by the governors pri-
vate secretary, Immediately prior to
the last primary election, to the cI--I
of one of the precincts in one o. ;'-,,
counties giving you an apparent ma
jorlty, copy of which leti1- | here
t. attach Notwithstanding his co.,
munincation and notwithStani Hing thu
according to a certified copy of the
registration list of the parIIcIla- pre-
cIDct referred to, now in my possess
ion, there were but 81 names appea--
ing upon the registration list in Iais
particular precinct as qua iied to
vote in this precinct at said eIectioI.,
there were 81 votes cast, rece we'd AID
canvassed al this particular precinct
according to the Official report OF t,,,,
canvassing board OF the coUlts. o.
which number you received 81 The
same condition appears, from :Ge
same data and with the sam. x;ert:t'r-
", 10 have existed in several oIiie-
precincts of the same county. In fact,
in the particular county referred to.
the condition is sa d to be general
am advised that copy OF the letter
from the governors private secretary
was furnished to the clerks of each