Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-09-30
a,tistellaasuas geading.
GRACE AFTER WHALEY
Charleston Mayor Files Charges
Against Congressman from the First.

SnarIotSon mdyoT rH Euoo SH@b~
j Against Congressman from the First.
Mayor John p. Grace Of Charleston
has filed with Speaker Clark a hot pc
tition charging all kinds Of corruption
against Congressman r. s. Whaley
and asking for his expulsion from tn,
house. Congressman Whaley says tn
allegations in the petition constitute
tissue of lies, and are unworthy Of be-
lief II for no other reason than because
of Grace's alleged reputation as a char.
acter thief and personal and politica
enemy Of him and his house. The pc.
made either on personal knowledge OF
ITO the Honorable, the Speaker Of thu
House Of Representatives and the
congress of the United States:
"The petition of your petitioner re.
spectfully shows:
81. That he is the mayor Of the city
Of Charleston, and a duly qualified
elector in the First congressional dis.
trict Of South Carolina; that for many
years he has been closely identified
with the Democratic party, taking part
In its club meetings, conventions. pri-
maries and in the election Of its candi.
dates, by reason Of which he has gain
ed an intimate knowledge of the poll
tics Of his section and is qualified tc
swear that the allegations hereinafter
made either o npersonal knowledge ol
on information and belief are true.
"2. That heretofore, to wit, on the
S1st day Of January, 1918. Hon. George
s. Legare. late representative in con-
gress from the First district Of South
Carolina. died. leaving a vacancy ir
congress. ,.,.
IS. That thereafter, to wit, on the
4th day Of February, 1918, Richard 8
Whaley announced his candidacy to fl
said vacancy and began a canvass fol
the Democratic nomination, simultane.
ously circulating throughout the dis
trict, as your petitioner is informed
and believes, that whoever entered the
race must be prepared to outspend hin
in money. intelligence of which speed.
fly resolved the campaign into one OF
unprecedented vote selling.
~. That at stated times before and
after any primary or election for con.
gress, each candidate is required by
Federal law to file certain sworn state.
ments Of expenses, etc, showing thai
the cost Of such primary and election
has not exceeded $4,000 in the aggre.
gate, in pursuance Of which Mr.. Wha-
ley filed four statements, now on file II
the office Of the clerk Of the house Of
representatives, reference to which Il
hereby craved as often as may be nec-
essary, and which are hereby made
part Of this petition.
"5. That the First congressional dis.
Ave counties, inhabited propenderantly
by negroes; for the exclusion of whose
participation in politics It is the custom
by common consent for white men .tc
settle their differences in the Demo
cratic primary, the nominationlin which
is equivalent to an election; that there
were in round numbers but 10000 votes
cast in the Democratic primary In these
counties. in which Mr.. Whaley was
nominated, distributed in the five coun-
ties as follows: In Charleston county
GIGS votes; in Clarendon county, 7,51s
votes; In Colleton county, 1907 votes;
In Berkeley county, 953 votes; in Dor
chester county, 1908 votes. Total, H.
050 OF which on the face Of the re-
turns Mr. Whaley obtained 6,298 votes;
that thereupon Mr.. Whaley was de-
clared the nominee Of the Democratic
party and in a special election which
was held April 20, 1918, Mr.. Whaley was
elected without opposition to fill the
unexpired term. ..
"5. That in order to obtain these g..
29S votes, as your petitioner is inform
ed and believes, Mr.. Whaley spent ir
the first and second primaries and the
campaigns incident thereto not less
than 1000, or an average Of about $1(
for each vote.
"6. That Notwithstanding such ex-
cessive use Of money, and because, az
above set forth, he was required by
Federal law under oath to file state.
ments showing that he spent not over
5000, your petitioner alleges Mr.. Wha.
ley wilfully and knowingly filed false
sworn statements with the clerk Of the
house of representatives showing that
he spent altogether only the sum Of
s4,533.10. .....-. ...
az. That in filing such statements
Mr.. Whaley, in each instance, wilfully
and knowingly made oath, administer.
ed by a person permitted by law to ad-
minister such oath) to the truth oi
something which he knew was abso.
lutely false; and that such wilfully and
knowingly false oaths were made only
because to state the truth would be tC
exclude him from qualifying and TAX
ing his seat in congress.
"S. That section 343 Of the crimina
code of South Carolina Is as follows:
Whoever shall, wilfully and knowingly
swear falsely in taking any oath re.
quired by law, and administered by
any person directed or permitted by
law to administer such oath shall be
deemed guilty Of perjury, and on con-
viction, incur the pains and penalties
of that offense.'
THAT your petitioner alleges thai
under the plain meaning Of said Sec
ton and under the decisions of the su.
preme court Of South Carolina, Mr.
Whaley, by filing his wilfully and know.
ingly false sworn statements In order
to obtain his seat In congress, commit.
ted four separate and deliberate and
felonious perjuries.
"9. That Mr.. Whaley now sits ir
congress, therefore. because he openly
bought his nomination and election by
going out upon the highways and by
ways and debauching the electorate
and by using over twelve times as
much as the maximum Of money allow
ed by law In avoidance Of the conse-
quences Of which he afterwards com.
mitted four felonious perjuries.
Wherefore, your petitioner prays;
THAT the matter Of Mr.. Whaley's
right to his seat in congress be inves.
tigated, and that he be expelled from
that body II the allegations contained
in this petition be found to be true, anc
for such other and further relief In the
premises as to your honorable body
may seem just.
John P. Grace, Petitioner"
state of South Carolina:
Personally appeared before me Johr
P. Grace, who made oath that the fore.
going petition Is true of his own knowl.
edge, except as to such matters as are
therein alleged upon information anC
belief and as to those matters he be-
lieves it to be true.
John P. Grace.
Sworn to and subscribed before mt
this 18th day Of September, 1913.
Nv. Turner Logan,
(SeaD Notary Public"