El Paso herald. (El Paso, Tex.) 1901-1931, 1912-08-17

tinued. you know how I stand on this
proposition, and as you know that cast
The deciding vote in these matters, you
NAV have an inclination just now TINS
matter of time and expense Will De oe-
cided. I also think l have a Sood IN
Outstanding OF the law governing 1-e
CHAIRMAN Lea intimated that the re-
suit of the meeting OF the SUB commit
tee to inquire into the matter, Wnlch
was taken under Amusement, would re-
suit in the majority Of the committee
voting to continue with the contest
Ring Wishes Boxes Opened
The ants are not the only ones VINO
want the ballot boxes of some OF the
precincts opened and their contents
examined, as was evidenced Dy the an
swer to the petition of the ants 1tied
with chairman Tom Lea BY the attor-
ney, T. A Falvey, for the ring.
According to the answer IN this IN
stance. which was read Dy chairman
Lea at a meeting Of the members OF
the sub committee, and the attorneys
for both sides, held Friday afternoon
in the county courtroom, the ring, II
any of the boxes are to be opened, want
the boxes from precincts Nos 4, 20 ana
Il. to receive a like treatment
The alleged grounds Tor this re-
No. it is charged in the answer that
40 voters cast their votes Tor the con-
testant who did not reside in that pre-
cinct and were therefore not enIlueu
to vote therein. In precinct NO. 10,
the answer alleges that so votes were
cast for the contestant by persons who
were not qualified voters In precinct
No II it is set out that IS votes were
I cast by persons who were not quall1led
voters. It was stated in the petition
l that the COnteStee was unable at tnlS
time to give the names of those voters
/ who cast their ballots in those three
| precincts.
! Wherefore" the answer continues,
/ the contestee prays that If the ballot
/ boxes objected to are to be opened and
! examined, then the cOntestee prays that
/ the ballot boxes in precincts Nos i,
/ 16 and II be likewise opened
] That the executive committee has not
/ the power or the jurisdiction 10 near
/ and determine the contest, viii be the
| main ground on which the ring VIII
/ base its defence. It was alleged that
the returns from each OF the voting
/ precincts were duly returned and de-
| livered to the chairman, and that the
! executive committee canTassed the re-
turns and the cOntesteeS were found
| to have received the majority OF legal
| votes cost. 1t IS further alleged IhaI
| the committee made a list of the can
/ didates who had received the highest
| vote and the chairman certified to the
list and returns. That the names OF
| those declared to have been the nom
inees of the primary We're pubnsneos
and that no objection by the contest
| ants as to the validity OF the nominal
! lions of the contest was filed in writing
! with the county clerk within the five
| days as specified by law Judge ta1-
! vey Friday afternoon indicated that
| a strenuous fight would be WaSed on
I the point that the executive committee
did not have jurisdiction over the con-
test
The first meeting Friday afternoon
| was held in chairman Lea's office.
Judge Falvey, representing the con-
| testees announced that judge PeytOn
F. Edwards. and John H Harper had
| been selected as the ring s members Tor
the sub committee. c. W; Marshall and
J. B. DOnahue were selected Friday
| morning by the ants as members or
that committee. Tom Lea, chairman OF
the executive committee, and an ac-
| knOwledged anti adherent Will be IN
the position TO cast the deciding vote
( should the case arise where the two
ring men and the ants on the sub COM
mittee become divided on question
W. B. Ware, ex-chairman of the
county Democratic executive commit
tee, was present at the session.
| After appointment OF the sub commit
tee the matter OF the agreement TO De
] signed by the attorneys and approved
/ by chairman Lea, whereby some method
of procedure might be adhered to IN
tine course of the trial of the contest,
pared by judge Falvey and submitted
to those representing the anti contest
! ants, was approved and signed
/ According to the agreement, for the
, ! purpose of facilitating the hearing it
was agreed that each contestant should
I have the right to offer all testimony
I that he might see III 10 introduce II
! support of the allegations of his con-
test and the testimony shall be reduced
to writing. The objections offered TO
any testimony and the grounds are TO
/ be noted, and in every case to be sub
mitted by the sub committee to the eX-
! ecutive committee as a whole.
BY the agreement every contestant is
. given the right to offer any evidence
! in support of the allegations in his
! answer, and to refute any allegation OF
I the contestant. Should there be any
! objections to any testimony offered by
l the contestee by the contestant Of vice
| versa the same is to be noted.
When all of the testimony has beer
heard and reduced to writing the sui
J committee, by the agreement, is or
{ dered to submit it to the fun commit
; 1 tee at a meeting to be held.
A-reeraent Must BE binding.
, It is provided that the agreement as
, I, signed is to be binding on all parties
concerned, contestants and contestees