The Greenville morning herald. [volume] (Greenville, Tex.) 1890-1956, 1910-08-04

Application for Recount.
state OF Texas, County OF Hunt.
To the Hon. Democratic Executive
Committee OF Hunt County.
Your petitioner b +. Vaughan,
makes this his application Tor a r..
count of the votes Tor the position cl
representative No. /, in the Demo
cratic primary election held in Hunt
county, Texas, on the 2Srd day Of
MY, l9l0, and as grounds Thereto.
lie shows to your honorable commit
zee the following facts:
That your petitioner and the Hon
Jos. r. Nichols were opposing can
uidates for said position in said pri
mary, the name OF each being on the
ticket as such candidate and Their
reing no other candidate In said p,i.
mary for said position. that US mat
Ter of fact this petitioner received IN
said primary, as he is informed and
'erily believes, a majority OF the Legal
votes cast in said primary for the
position aforesaid and that, but TO
the mistakes, Irregularities and illeg
aiities hereinafter set out, would hay.
been declared the nominee of the
democratic party for such office; bu,
that owing to such mistakes, iiregu.
larltIes and illegaliUes the face O.
the returns of the election Officers
showed that his opponent, the. said
Joseph +. Nichols, received a 1eW
more votes than your petitioner, thu
exact number being uncertain owing
to the conflicts hereinafter shown be.
tween the returns and the taln
sheets. and that for this reason tn,
democratic executive committee on
the SOCh day OF July, 1910, declared
the said Nichols to be the nominee
Of said party for said position.
Your petitioner shows that the {
we're cast in said primary election III
Hunl county 1851 votes and that THAI
Lumber OF qualified democratic vot
ers in said election and that Their.
should have been that number OF
votes cast in the race for representa-
tive No. l, and your petitioner al.
leges the fact to he that there was
IN fact 1861 ballots actually voted IN
said race, but that on account OF
some mistake or accident there were
IN fact in said race but j5ig of these
totes counted, leaving 3l2 votes not
counted At all and unaccounted 70.
on the face of the retulns OF the OF.
ticers holding said election, that i'm,
u'ediately after said election was
reid the result OF The same was sent
10 the newspapers by some one of
those holding same from each box In
the county and that the result so sent
TO The papers aforesaid gave sald
Nichols majority over your petition.
er OF a votes; that when the execu
tive committee first actually cast M
the result of said election, as shown
by the returns OF the officers holu.
ing same. they found and SO declared
the following result. Nichols 2iSI.
Vaughan 27Sl votes, and that this is
exactly what the result was shown to
be by returns aud certificate of those
who held the election, thus showing
q majority of only three votes for
Mr. Nichols, that after this result
was announced the tally sheets were
reeNamned by said committee ami
that the result as shown by said tally
sheets was as follows: Nichols 27Sl
Vaughan 27G5, thus showing Nichols
nominated by 10 votes instead II
three as shown by the returns certi.
fled to by the officers holding the
election and instead OF A as report
Cd to the newspapers.
That while as above stated there
were. according to the tally sheets
hut 5j49 votes cast in said race and
according to the returns but sixteen
more than that number there We're
cost in said election according to the
returns thereof In the race for govern
or 10 more than that number. in the
race for congress 1i9 more, for coun
~ clerk 1876 more, for sherin l24
more, for tax collector ~ more ana
tor treasurer 1866 more, while said re
turns show that there were cast f,r
lieutenant governor 81 votes less thar
pald vote In the race between your
petitioner ana said Nichols and for
attorney general 81 less, for state
treasurer 5l4 less. for comptroller
1903 less, for railroad commissions
1873 less, for the sane tunexplred
term 81 less, for state superlntend
cnt SO less. for land commissions
25s less, for commissioner of agrlcul
tnre 90 less for Judge court of crim
inal appeals 8lG less. for United
States senator 2i7 less. for represeu
tatye place No ., 10 less for district
clerk 50 less, for tax collector 60 less,
for county surveyor l57 less.
Your petitioner shows that each ba.
lot cast by each voter in said cleo
ton contained the names of all the
candidates In each race. that, assum
ing that each ballot was cast by an
Intelligent voter, which ne alleges
10 be the fact, the total vote cast IN
each race If correctly noted and
counted, should have been substan.
TALLY the same; and that If said bal
lots had been correctly counted and
taid tally sheets correctly kept and
faid returns correctly made and certl
tied there would have been no d's.
crepancy between the returns aud the
tally sheets as above set forth; that
the irregularities and discrepancies
above shown cannot be wholly ao.
counted for on the mistake of those
who voted in said election but thai