Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1910-11-30
T|ERNEY
REPLIES To
THE COURT
Continued from Page one)


do not know. of my own personal
knowledge, to be true, yet / presume
that those responsible for their pub
lication have reliable information up
on which to base their statements,
and, do not deem it my duty to
either refute or confirm any article I
have in mind which has been publish
ed.
If you will point out to me any par
ticular article. and if it states some
thing which l know to be untrue,
assure you that l shall be very glad
indeed to state the truth in regard
to it. think such course would
only be fair and reasonable, but /
do not propose to hold myself res
ponsible either for the truth or falsity
of articles containing statements of
which | have no personal knowledge.
Regarding your demand that |
produce before your court any
evidence which / may have of frauds
committed at the recent election in
this county, | must decline to comply
herewith
in the first place, the selection of a
tribunal to consider and pass upon
any frauds, which may have taken
place in this County, is for Mr.. Wiley
and his attorneys to make, and is one
which | do not think it is my duty
to determine for them.
In the second place, even if had
this right, am compelled 10 say. with
much regret, that the Democratic
party OF this county has already had
the benefit of one of your rulings.
You will recollect that / recommends
ed and nominated for appointment as
democratic challengers TO serve ~
the recent election in accordance with
law. democrat at each precinct in
this county, and that you refused to
appoint any of said challengers. Part
OF Section SO, Chapter 3, of the code
or West Virginia, is as follows: And
challengers of election SHALL be an
nomination. OF the respective County
Chairman of the two leading political
parties Emphasis mine). Accord.
ing to my view this made it n plain
duty of yours to appoint these challen.
gers. For some reason best known to
yourselves. you failed to do so. and
II had the says so, would certainly
not wish to rely for the determination
OF the rights of the Democratic PARTY
upon court, which as / see il. has
already failed to give to it its rights
and also failed to perform a plain
statutory and mandatory duty. ]
might add, however, that am inform.
ed that the attorney for Mr.. Wilev
ut the canvassing of the returns of
the recent election, made the follow
ing motion before YOU which YOU an.
nounced that you would not consider
This day came Rankin Wiley. bv
1. f. Henritze, his attorney, and. not
waving any right to contest Or pro.
test which he might have, moves tho
court to throw out all Of the ballots
cast at every precinct in this county.
because the county court failed TO
appoint challengers, in accordance law
law, when recommendation and nom
nation had been made for the Same
in due time by the chairman of the
Democratic executive committee of
Mcdowell county. West Virginia. on
the ticket Of which the old party the
said Rankin Wiley was the candidate
for Congress.
And, not waving any benefit of the
said motion, he furthermore moves
the court to throw out all ballots cast
at the following precincts i'm this coun
"; Pageton, No. ~ Works. Crozier.
Bottom Creek, Vivian. KYLE. Lex
Berwind Maybeury, Turkey Gan. Al
gonna. Mcdowell Roanoke. andgraf
kimball, Iluger. Marytown and Peery.
vile because the returns i'm the said
precincts were not signed. i'm accord.
ancc with law. by the Commissioners
ana POI Clerks. al their respective
Precincts
And. furthermore moves the court
to throw out all ballots cas- at the
Jed Precinct in this county because
the proper officers at that precinct did
not certify, IN their return, the mum.
Der Of ballots destroyed, and not used
after the closing Of the polls, in &C.
cordancc with law.
Z And. asked that the votes M the
Wclch precinct, in said county be
cast out ana not counted for The fur
ther reason that r. s. Taylor who was
duly elected by The Democrats AZ the
polls for challenger. and qualified as
d. g..