Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-12-20
THE CITY ELECTION
IS DECLARED VOID
JUDGE HOPKINS ANNOUNCED
HIS DECISION IMMEDIATELY
UPON THE CONCLUSION OF THE
FINAL ARGUMENT IN CASE.
RESPONDENT FILES NOTICE OF
NEUTRALITY-SUSPICIOUS. OF LONG
EST TRIAL EVER HELD IN DIS
TRICT

Following seven hours of argument,
Judge w. B. Hopkins of the Twenty
eighth District court, yesterday after
noon rendered judgment declaring the
city election void. The attorneys for the
respondent, A. G. Cole, Immediately
asked for bill of exceptions and gave
notice of appeal.
| The case, styled the State of Texas
ex rel Louis Cobolini versus A. B. Cole,
was called OH the 21st day of Novem
ber, and has engrossed practically the
entire time of the court.
The testimony was completed Wednes
day evening and the argument was com
menced yesterday morning at nine
o'clock.
Th efirst argument was for the State
by Mr.. Davenport, who addressed the
court for about two hours.
Mr.. Davenport submitted great
many authorities in support of his con
tention that the election was void and
that the manner in which is was con-
Quoted made it mere farce.
Among many allegations i'll his ar
gument. Mr. Davenport said that the
ballot used in the election did not com
ply with either the letter or he spirit
of the Terrell election law, that the Sc
crecy of the ballot was not preserved,
and that there had been an insufficient
number of voting booths.
In response to Mr.. Davenport, Mr..
Creager in an hours talk introduced
proofs in refutation of Mr.. Daven-
ports argument. Mr.. Creager stated
that the recount of the ballots showed
that Mr. Cole had a majority OF six
votes and that there were four or five
times as many illegal votes for Mr..
Cobolin as there were for Mr.. Cole.
At 1 80 in the afternoon Judge Sea
bury. for the relatOr, addressed the
court Mr.. Seabury held that Mr.. Cob
olini would have been elected by six or
seven majority, if the duplicate ballots,
which were in contest were counted. he
then cited authorities to the effect that
they should be counted. Mr.. Seabury
spoke Of the manner of alternate yot
ing as being obviously unfair and de
priying the ballot of its secrecy.
In response Judge Graham said that
the Terrell election law made no prOvis-
ion for the printing of ballots to be used
i'll city election, and quoted section
of the law which requires that the bal
lots cast in al election be delivered to
the commissioners court, and pointed
out that the law makes no provision for
the canvass of the vote in a city cleo
ton. Judge Graham spoke for an hou'
Judge Gordon Boone closed the ar
gument for the respondent in an hours
talk. Judge Boone spoke of the case as
being a double-barreled proposition, in
which the case of Louis CObolini had
been merged in the ease of the state.
Judge Boone gave the charges on which
II of the votes east for the relator had
been attacked by the respondent and
gave proof in support of the grounds OF
attack.
The colsing argument by Judge
Dougherty laster a little over an hour.
Judge Dougherty said in effect that the
claim that the method of voting adopted
expediated matters was no excuse Tor
the method which was plainly at vari-
ance with the law.
He averred that, if the law did not fit
the conditions. the only remedy was TO
change the law and not create new
condition.
Judge Hopkins announced his decls-
ion Immediately upon the conclusion OF
the final arguments. He first cOmpll-
mented the attorneys in the case upon
| the manner in which they had conduct
eded themselves throughout the entire
hearing, remarking that there had been
none of the luminosity usually rexhib
tied by counsel in the hearing of case
of this nature.
Without further preface the court
then announced the decision in the
,brifest terms saving:
THE judgment in the case is thai
the election was void"
The announcement was received quiet
ly. and. as stated above, was followed
at once by notice of an appeal to th'
Superior court.