Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1911-11-15
brief, WITH STATEMENT OF FACTS
Submitted by Congressman Higgins in Contested Elec-
zion Case Brought by r. J. Jodoin From This District
Requests in Case of Recount.

entirely a matter Of conjecture. AS
the case is submitted it is alleged by
the contestant that a recount would
show a plurality of the ballots cast
for him. but the evidence of this fact
he states is sealed up in the ballot
boxes. and AYERS that it is impossible
to know what mistakes may have
been made until the boxes are opened
and the ballots examined. In his no.
tice of contest the contestant alleges
that errors have been made in the
count against the contestant in 80
towns in the district. and sets out the
number and character of these errors
in paragraph 8 at page of the Rec
ord. The position Of the contestant
seems to be that these allegations are
not susceptible of proof because what
ever errors have been made can only
be shown by an examination of the
ballots which are now sealed up in the
ballot boxes. That a recount would
support his allegations it is clear he
ca mot know The contestee, on the
other hand, produces certificate of the
authorities charged with eXa mining the
returns, which certificate shows him
to have been duly elected. and alleges
that a recount and the correction of
any errors that have been made would
enlarge and not diminish his plurality.
The case of the contestant. thus far
submitted. fails TO indicate proba-
bility that he has a plurality. Upon
this state of the pieadings the contes-
tee has stipulated to waive any objec-
lions he might make to recount of
the ballots (Record. page Z, paragraph
1S), and has insisted in his answer
that in case recount should be had.
such recount shall embrace all the bal
lots cast at said election for repre-
sentative in congress in each and all of
the towns in said Third congressional
district (Record. page 5. paragraph %,
leaving the question whether the bal
lots shall be examined to the Judgment
OF said Sixty-second congress or its
committee
If there is TO be a. recount of the
ballots, contestee submits ii could best
be taken either upon a subpoena issued
by a judge of the federal court in said
congressional district (Sec. ITO, r So,
or. if had in Washington. in such man
ner and by such authority there as
said congress or its committee may
hereafter decide.
Warren B. Burrows. a notary public
Y as given, by the stipulation between
the parties, very limited authority. III
was to act the magistrate and no.
tary for the issuing of all subpoenas
for the impounding and holding Of said
ballot boxes until the same be lawfully
demanded and called for by the house
OF representatives of said Sixty second
congress or its duly authorized COM
mittee" (Record. page Z. paragraph
100
The magistrates Jurisdiction is ex-
hausted and he is simply holding the
BOXES IN CUSTODY SUBJECT TO congress
sional order.
The inquiry as TO the contents of
the ballot boxes and their legal sig
rificance is judicial one, and the tes-
timony could be taken most satisfac-
torily to all concerned by a federal
Judge sitting in Connecticut and under
his supervision or by the congressional
committee itself having jurisdiction in
the premises. The testimony taken
under the supervision of the federal
judge would be more likely TO present
the case to the committee concisely
and with the issues clearly defined.
Such a result could hardly be expected
from an inquiry by a notary public,
whose functions would be largely cleri-
cal and whose rulings might simply
multiply the matters in dispute.
Moreover an examination of the bal
lots by a federal judge might convince
-he parties as to the true result and
dispose of the controversy and relieve
the committee and the house from the
necessity of further action in the
premises.
We respectfully ask therefore, that
If recount is ordered a federal judge
in the congressional district may be
applied to TO conduct il. or that the
boxes be ordered to Washington and
the committee direct the examination
tn be made in such manner as in its
judgment shall seem best.