Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-09-06

election held and should not deprive
the full qualified. voters Of the state
Of their franchise or from having
their votes counted for the candidate
Of their choice; and that the same
objections are true as to the allega-
tions contained in ground (k).
"(S) AS to O, the ground stated
is indefinite and insufficient. It does
not state at what precincts, or put
this respondent on notice with regard
thereto, and while respondent denies
the statement therein contained, he
alleges that even II they were true, 1t
Is only an irregularity not affecting
the result Of the election or the good
faith in which 1t was held, and that
the people 80 voting ought rot to be
deprived Of their franchise and Of
having their votes counted for the
candidate Of their choice. 1t Is not
alleged that any voter by the prema-
Of any, vote or that any illegal vote
was received by the premature OPEN
ing Of the polls.
"(9) AS to (m), which alleges that
more votes were counted for the Of
fee Of governor than there were
voters participating In said election, Is
statement too general and can not
raise any issue under any contests
without more particularly or speci-
flcation which this respondent can ad-
NIT or deny.
"(10) AS to (n), this is a mere
general assertion or expression Of
opinion, without any particulars, and
can not raise any issue, for there IL
no statement of fact from which this
committee can reach q conclusion that
there were any fraudulent and illegal
votes cast in the said election. II 1t Is
not alleged that such fraudulent and
illegal votes, II any there were. were
cast at said election for this respon-
dent.
Figures Given.
This respondent further submits
that on the face Of the returns made
to the state executive committee, Ii
appears that he received in said coun-
ties as a candidate for governor--
votes; that the contestant, Ira B.
Jones, received -- votes; and that
the other candidate John T. Duncan,
received votes; showing that
this respondent in said counties re-
ceived a majority of -- over both
other candidates. There Is no definite
and particular allegation Of the num-
ber Of votes which were fraudulent or
illegal which II cast out would destroy
the majority which this respondent re-
ceived as q candidate for governor, and
1t also appears from the returns re-
ceived in the counties mentioned In
this contest would give to this respon-
dent, throughout the whole state, a
majority Of - over both his oppo-
nents, and 1t is not stated In said Pc
tition or made to appear by any def
mite allegation or any showing except
by mere general and indefinite state
ments, that by subtracting the alleged
illegal votes he would not have ma
jority Of the legal votes cast at said
election for the Office Of governor, and
he therefore submits that the said
contest Is without legal grounds, with
out warrant Of fact to support 1t, and
should be disregarded and dismissed.
This respondent, further answering,
says that, Notwithstanding all Of the
statements contained in said notice of
contest which charge fraud and ille-
gality, there Is not a single allegation
that the said fraudulent and illegal
votes were not brought about by the
supporters and sympathizers of the
said Ira B. Jones; nor is 1t charged
that such alleged illegal practices and
Irregularities were brought about ~
participated In by those who voted
for, supported and sympathized with
this respondent
Denies Fraud. @
"This respondent does not believe
and denies that general fraud and
illegal practices were INDUCED in al
the primary held on August 81, and
that !said primary does not represent
the free and fair expression Of the
will Of the voters Of this state In said
election. This respondent has re-
ceived communications and sugges-
tions to the effect that fraud and i'm
position and irregular practices were
perpetrated and made in behalf Of his
opponent, Ira b. Jones'. at said elec-
ton; but this respondent will not and
does not hereby make any charge OF
fraud or Of corruption exercised or
INDUCED in by the supporters and
he is fully prepared to prove the same
without doubt. He Is aware, as all
men, must be aware, that In, the pri-
mary elections Of the state there has
been, and probably was in this pri-
mary, some illegal votes cast, from
Misrepresentation, from error as to the
law and as to the requirements Of the
statutes of the state and the consti-
tuition and rules Of the Democratic
primary. Such irregularities and such
errors were, in great part, II commit
ted, done as stated, under misappre-
hension; but this respondent denies
and will not charge or entertain any
idea that the primary election in this
state was other than q free and fair
expression Of the will Of the people of
this state. The grounds Of contest
here made have not in single in
stance charged that any single vote
which was cast for this respondent
was through fraud, corrupt purposes
or intentional wrongdoing. The no.
tice served upon respondent not only
fails to make such charges, but leaves
him without any opportunity Of abso-
lutely proving that such an asser-
ton, If made, would be false and un-
true. This respondent claims that
each and every vote cast for him was
that Of a duly qualified voter under
tuition and rules Of the Gemocratic
party. He, however, submits = there
be any intentional irregularity or
fraud in this election, that Very
member of the executive committe zee
to which this reply is add..--..sAd full
knows that 1t was hardly within his
power or that Of his supporters to
have perpetrated any fraud or wrong
in the election without the cognizance
and concurrence or assent of the
managers Of election and Of the off,
GERS Of the several Democratic clubs;
that in all Of the counties Of the state
except a few the custodians Of the
club list or registry were supporters
and sympathizers Of the contestant;
that the time within which the voters
could enter their names upon said
registry was controlled by his sup
porters and sympathiZers. The man
ayers of the election were his sup
porters and sympathizers, except in
a few instances such managers were
in the absolute control Of the conduct
Of the election at each precinct and
as to who were and who were not
qualified voters, and as to who we're
and who were not registered within
due and proper time, and who deter
mined upon examination Of the club
list whether the party was entitled
to vote or not. The count and tabu-
lation Of the vote cast at each pre-
cinct in the state except In few in
stances mentioned above, was made
by and under the control Of the man.
ayers at each precinct who were sup
porters and sympathizers OF the con-
testant. The several county execu-
tive committees who were to canvass