Evening journal., 1909-07-09
DEMOCRATS
WON'T SPECIFY
Continued l7rom First Pass.

Continued from FIRST HdEo.
Congress. in which it was set out that a
petition without specifying names Of il
legal voters, was sufficient, and he also
called attention TO decisions of Courts at
Law on the suffciency Of petitions in con-
tested elections.
He said IL was the duty OF every Legis
lativc body to pass upon the legality Of
the seat of any Of its members. lie said he
did not care how the case ended, but he
asserted that ie there was fraud and Mr..
Rash was 4lected by it, il should be shown.
In replying to Mr.. Whitemsn. Mr.. Joslyn
said that he saw no reason why he should
take up more OF Councils time. He still
contended That Mr. Rash was entitled 10
a bill of particulars.
Councilman Kane said he could not sec.
in view of Mr.. Whiteman's remarks and
the authorities he quoted. why the request
Of Mr.. Rash should be granted. He then
offered a resolution refusing Mr.. Rash's
request. but before Il was read, Mr.. Nc
Govern moved that Mr.. Benson's motion
10 accept the Rash petition, be laid on
the table.
Mr.. Benson asked for an aye and nay
vote and Mr.. McGovern's motion was car
ried by a vote Of s to 5. being a strictly
party vote.
Mr. Kane then moved to adopt his mo-
ton and it was carried an aye and nay
vote being taken as before.
Mr.. Rash's petition in part was as fol-
lows:
That your petitioner is unable TO prop
erly make his defense in the said action
because Of the very vague and uncertain
allegations made and contained in the said
petition of the said Benjamin B. Allen 50
filed as aforesaid.
And your petition further states and
shows 10 the council here that In and
by the said petition Of the said Benjamin
b. Allen, It is alleged in Section "B" OF
the third paragraph that upwards OF fifty
votes were cast by persons impersonatine
the persons whose names appeared upon
the book of registered voters in the Fourth
Election District Of the Second ward; and
in Section "C'' of the said third paragraph
It is alleged that there were upwards OF
twenty-five names illegally registered ir
/ the said district; and in Section ID OF
said third paragraph it is alleged thai
there were upwards OF ten persons regis.
tered from houses which never did and do
not now exist I'm the said election district
of said ward; that your petitioner has beer
unable to obtain any information whatever
in regard TO any persons who imperson-
ated other persons In voting and does moi
know and cannot obtain the names OF
voters used and so voted upon as alleged
and that your petitioner does not know
and cannot learn of any names illegally
registered in said district Of persons never
qualified TO vote in said district Of said
ward; and that your petitioner does not
know and has been unable to learn Of ans
persons or names registered from houses
VIII ch never did and do not now exist
within the said election district Of said
ward
Wherefore your petitioner prays that
the said contestant, Beniarin r Allen
may and shall file in this cause n "Bil Of
Particulars" specifying and statin. there.
in what persons cast the fifty votes as al.
alleged or the names Of the registered
voters used by such persons in casting
such illegal votes, and further specifying
and stating the twenty-five names of per
sons Illegally registered as alleged VIII,
we're never qualified to vote in said cleo
ton district of said ward as alleged. an,
further specifying and stating the names
of the ten persons registered from houses
which never did and do not exist within
the said election district Of said ward al
alleged.