Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1911-11-15

Congressman Edwin w. Higgins,
contestee IN the election case of Ray
mond j. Jodoin vs. Edwin W. Higgins,
from the Third congressional district,
has submitted through his attorneys,
william +. Henney, Michael Kenealy
and John +. Carpenter, brief in the
matter. with statement of facts and
authorities. as follows:
Statement.
The Third congressional district of
the state of Connecticut is composed
of the counties of New London and
Windham. and an election for the rep
resenfative in congress was held in
said district on the Sth day of Novem-
GER 1910, at which election Edwin w.
Higgins, the contestee, was a candi-
date on the republican ticket and
Raymond j. Jodoin, the contestant,
was candidate on the democratic
ticket On Nov. 80, 1910. the returns
q the presiding officers of the electors
meetings in the towns comprising said
district We're duly canvassed as re-
CURED by law by the secretary of the
state, the treasurer and the comptrol-
leT and as result of such canvass the
said Edwin W. Higgins was declared
elected representative in the Sixty
second congress of the United States
in said Third congressional district, he
having received 10,O11 votes and the
SAID Raymond ]. Jodoin having
celved 1888 votes. a plurality in favor
Of said Higgins of rs votes as appears
by the returns OF said officials set forth
at pages 16 and Ii of the Record, and
BY virtue of said election and said
declaration the said Higgins is now the
representative of said Third congress
Slonad district in said Sixty second
congress of the United States
The ballot used at said election was
OF the Australian type and contained
on one ticket the names of all candi-
dates. state and federal, who We're to
be voted for a said election and these
ballots were deposited in the boxes
used at said election, and at the count
the ballots We're removed from the
boxes. and after they had been count
ed were returned to the boxes and the
boxes sealed up. and under the law of
connecticut were required to be kept
in that condition by the town clerk
fer the period of six months from the
date of said election.
In returning the ballots to the boxes
the ballots rejected for any cause We're
separated from the others and collected
IL. separate bundles and so remained
at the time the ballot boxes were seal
ed up- Under the law of Connecticut
the moderators in said various voting
places in said towns are required to
put a memorandum upon the back of
all ballots that are rejected stating the
causes thereof.
For the purpose of preserving the
evidence contained in the boxes rela-
tive to the issues raised in this con-
test. contestant and contestee agreed
that Warren y. Burrows notary
public, should act as MAGISTRATE and
notary for the issuing of all subpoenas
for the empounding and holding of
said ballot boxes until the Same he
lawfully demanded and called for bv
the house of representatives of said
Sixty-second congress or its duly su-
thorized committee.
Record, Page 7, Par. rs.
Pursuant to said stipuia ton the
sealed boxes were identified before
said notary. and were sealed by him
for Identification and are sealed. and
held subject to orders of said Sixty
second congress or its committee. The
contestee has further stipulated to
raise no technical objections to any in
quiry or investigation which said con-
gress or its committee may deem best
t. make in the premises, simply in
sisting that if a recount is had ii shall
embrace all the ballots, both those
which were counted and those which
were rejected.
Brief.