El Paso herald. (El Paso, Tex.) 1901-1931, 1913-04-03
KELLY SENDS An
ANSWER TO STUART
Perfectly Satisfied With
Election Judges, He
Says; No Changes.

Answer to F. B. Stuarts letter to the
mayor relative to a division OF election
judges between the TWO city tickets
has been sent to Mr.. Stuart, signed by
mayor C.. L. Kelly The answer say $
the mayor has no intention OF remoV-
ing any of the ring judges ana that ne
knows nothing ABOUT anybody utlLS
under Indictment for selling votes LndL
he never told a grand juror to serve Tor
his sake; that he does not need help on
the grand jury and never expects 10
need 1t, that the election fraud con
tests last year were decided IN IaEor
Of the ring and that II the oppOSillon
has anything more OF interest on eiec-
ton fraUus. it should put the inIorma-
ton in the hands Of tie grand jury
The letter says:
LAS I gather from a reading OF your
letter, YOU do not contend that l. as
MAYOR Of the cit yof FL Paso have
any authority to remove the elecIlOn
officers wAO have been appointed and
to substitute others Of your choosing
or of the choosing Of the Independent
candidates for various city offices at
the election to be held on Tuesday.
April s. You simply assume that upon
a request MADE by me, IN good 1altn,
any judge heretofore appointed would
resign, that one Of your choosing or the
choice of those when you are sup
porting, might be appointed
Those who have been appointed as
judges Of the election to be held on
April s were appointed by the mayor
pro TEN during my absence in Austin
had nothing whatever to DO with the
assignment of these various judges
However, the appointments seem to ne
to be excellent ones and know Of no
reason for asking them 10 resign L
am satisfied from such information as
have been able to get that the ap-
pOintments were legally made; that ]
am without power Of removal. and I
wouldn't exercise the power If had II.
No Republican Vail.
A. ION oil
officers might have been selected from
the Republican party, / need only say
that there has not been Republican
party ticket in a municipal election il
FL PasO for more than 10 years The
Republicans are not complaining OF any
failure to give them repreSen IatiOn IN
the election; they have no ticket in the
Held and II would be oI1IculI 70 see
just how the Republican party could
object 10. the selection made; IN all
events, II has not objected. No other
organized party has a ticket in the
field; none has asked for representa-
ton; therefore IT is assumed none wants
any representation You, of course, un-
derstand that the Independent candl-
independent candidates; not the candi-
dates Of a party and not entitled to
recognition as such.
Election Contests.
you say that the election contest Of
last year showed that more than 90 VlO-
1auOns Of the election law had taken
place and you challenge me to contra
diet the statement by pointing out that
was decided in favor Of the cOntestee
by the executive committee, and as the
only case tried in the district court was
decided in favor OF the contestee by
judge Douglas, and as L have no per
sOnaI knowledge as to the transaction,
/ am in no position to assert or deny
the legality of the election, but must
assume that the court and committee
he fnfNF
Of these violations OF the law. as you
say you have, do you think that your
duty as a citizen requires you to sub
init II to the grand jury2 You certain
~ have my permission to do so.
Grand Jury Incident.
You ask why I stood on the outside
Of the door Of the district court room
when the last grand jury was being or
gained by judge Isaac1s. That's easy.
i d1dnt DO It Did you know that I
didn't do il when you asked the ques-
ulOns or were you miSInfOrmed2 You also
ask why I insisted upon one man who
had been summoned 10 appear and act
If qualified, as grand juror. serving as
such, stating. in substance, that I want
ed him not to claim his exemption. as
ne expressed MS intention of doing, but
10 act upon the grand jury for my sake
and to help me The answer to that Is
not far TO seek It's false. Did YOU
were you misinfOrmed2 I have never
needed any help before a grand jury
and 1 never intend to need any Can
those who are giving you advice in this
matter say as muh7
AS to the causes you mention which
are now pending in which certain Mex
leans are indicted for violation of the
eIecUlon laws have only to say that
] do not know one OF the defendants:
that 1 know nothing Of the transac-
lions; 90 not know whether they are
gulIty or innocent and, so far as I am
able to recall, never knew of the exist
ence OF the indictments until I read
your letter. I certainly have no defence
TO make for them if they are guilty,
ana no interest In them, whether they
are innocent or guilty / have no
knowledge Of when they were arrested.
whether they should have been arrested
sooner than they were or could have
been
His Final Proposition.
10 terminate this CORRESPONDENCE
now, and so far as the appointment of
judges IS concerned. ] viii make no re-
quest OF any election officer for the
benefit Of the Independent candidates
except upon the following conditions:
II you and the Independent candi-
dates viii designate, in writing. any
electon OFFICER whom YOU and they
charge to be wanting in sufficient in
lelllgence or integrity 10 properly con-
duct the election Of April 8, the case
VIII be Immediately innvestfgated- and
if, in the judgment of three men Zone
10 De selected by you, one by me and
one by these twO). your charge is well
rounded VIII join with you in the use
OF any lawful means you may suggest
10 secure the mans removal and the
substitution for him Of one whose ap-
polntInenU VIII be entirely satisfactory