The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-01

bank until they were delivered to the
said II. T. kincheloe as county clerk
w. IT, PILGRIM.
Subscribed and sworn to before me
tbs seth day ol March. 1905
Cseal) LESLIE WOOD.
My Commission expires February
11,t0il
COMMITTEE on PBlViLEGEs ANn
ELECTIONS
Guthrie, okla, March 23, 1908
Mn Speaker.
We, your Committee on Privileges
aud Elections. having bad under con.
sidcration The contest Oi n @. Mur-
ley VS. Nv ~ n Allen as to which
Is entitled H. seat IN the House
loo Representatives from Alfalfa coun.
~. dcsirc 20 submit the following ro'
port to.wit:
Your committee, upon agreement OF
both contestant and contcstec made
a trip 90 tue town of Cherokee ON the
fourth day Of Mercb. 1905. for the
purpose ui counting tile ballots in the
election On September r. 1907 bui
could not procure said ballots on me-
tonnt Of the unwilllngnoas Of II. L.
Kincheloc. County Clerk who refused
10 submit the ballots TO The commit
tee.
on Saturday fcHowiEs said date q
subcommittee met In ihe District
court room of Alfalfa County, ia the
town Of Cherokee and summoned
Divers parties 20 appear before said
committee and submit evidence rcla
tive 90 suid election, the speaker &
tlis House being presenr and ques-
ti0ning the Witnesses touching such
matter Said evidence IS hereto at.
tached aRd made a part OF this re-
port
We have had several sitting of this
committee for the purpose OF hearing
evidence and argumcnt 5i counsel. and
subsequent TO the taking OF said eVi-
dence the said H. J.. Kincheloe was
summoned before the bar OF this
House Is show cause Why he should
not be fined for contempt Tor failng
and refusing 20 submit the ballots,
The action Of the House therein has
caused him TO yield aud obey the sub
poena and summons of this committee,
and on the fourth day of March. 1908,
al session held IN CherOkce, a.il-
alta County, said ballots were count
ed We found after "A recount of all
of The ballts cast in Alfalfa County
that j. G.. Murley, the contestant in
this case, had received a majority at
2S5 votes. Il being In the record Of
this case that the grand jury OF AiG
alta County had gone into a portion
OF the boxes In question for the pur-
pose OF investigating certain alleged
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 sub
niittcd by the County Clerk without
an order of the District Judge. aud
that subpoena duces tecum had been
issued by the District Clerk to the
County Clerk without such order, the
committee, therefor, 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, VIC
find that ID. @ Murley had received
a majority of al OF the votes cast ia
Alfalfa County in the election of Sep
tember n. 1907; for which reasons
your committee recommend thst d.
g. Murley be seated as a member OF
the House OF Representatives of the
First Legislature of Oklahoma. as en-
titled, by all rules of equity and law
aud 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 II
l.. kinceelne. having compiled with
the orders of this House in submitting
the ballots after twenty-fOur hours
imprisonment IN the Jail of Logan
Cvuety, be discharged from the GUS
tody OF the House as having purged
himself OF contempt and. therefore.
entitled 10 release under the orders uf
This House
! u Is the belief OF your committee
that the count of the return by tho
authorities of said county were er-
ronc0us. and that the frauds connect
ed herewith consist la a failure ~
count the ballots upon upon the re-.
turns OF tho clectici OF the various
precincts ia Alfalfa County; were
falsely and lraudulently made with
reference 10 the election ia said
county.
an Of which Is most respectfully
submitted
g. N LONDON.
chairman of Committee
}. 4. pASCuAl,
LEO HARRIS.
g. a. SKEEN,
a. q. SrErTMGND.
STINT. ..f AnI.Mrut.