Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1913-01-02
THE COURTS FINDINGS
IN CITY ELECTION CASE
JUDGE HOPKINS FILES REPORT
SHOWING WHY HE HAS De
CLARED BROWNSVILLE'S LAST
MUNICIPAL ELECTION VOID.
FINDS COLE RECEIVED 671 AND
COBOLINI 657 LEGAL VOTES. BUT
THAT METHOD OF CONDUCTING
ELECTION WAS IRREGULAR.

District Judge W. b. Hopkins has filed
with District Clerk l.. KOwalski his find
ings in the matter of his decision in the
case recently tried in the district court.
termed the State of Texas Elk Rel Louis
/ CobOlini vs.. A. b. Cole. wherein Judge
| Hopkins decided that the municipal elec-
ton held i'll this city on April was ille-
gal and void. The, findings of fact and
conclusions of law cover twenty-foul'
| typewriter pages, in which Judge Hop
kins goes into detail concerning the al
legged Irregularities Of the election.
| In his findings Judge Hopkins relates
that there was only one organized party,
! the democratic, in the election. and that
there were two candidates for the Office
of mayor, whose names were required to
be printed on the official ballot as indie
pendent or nOn-partisan candidates. He
also found that there were two indepen-
dent, or non partisan candidates for the
Office of city marshal, and two indepen-
dent candidates for the Office of alderman
Of each of the four wards Of the city.
| He declares further that the respond
ent and one candidate were endorsed by
a local political organization known as
the "Independent Party or the "Indepen-
dent Club" He finds that the controlling
majority in the council at the time of
and just prior to the election was com
posed of men affiliated with the independ-
ent party, and that these members werc
supporting A. 3. Cole for the mayOralty.
That the official ballot used in the cleo
ton was not in the form prescribed l.
law. under the orders of these partiS""
members of the council.
That the presiding Judges in the four
wards were adhercnts of the Independent
party; that large number of voters as
scmbled at the polls on election day, and
many wore blue or red insignia, to indi-
cate whether they intended to vote for the
democratic, or blue" ticket, or the indie
pendent. or red ticket.
Beginning with the alleged irregulari-
ties in the various wards. he finds that IL
structions were issued by the presiding
officer to election judges to prepare bal
lots for illiteratc vOters-that when an
illiterate voter should express a desire to
vote for the "Independent Party" or the
"Independent Ticket or "Red Ticket"
his ballot should be cast for Cole for
mayor and the other candidates endorsed
by the organization known as the 'Inde
pendent Party" but when voter should
desire to vote "Independent" or "Indc
pendiente.' that further inquiry should
be made as to whether he desired to vote
for the respondent. A. B. Cole, or for
Benjamin Kowalski for the office of
mayor
Judge Hopkins found that the last IN
struction was practically disregarded by
the officers who prepared the ballots.
The findings relate that in the first
ward polling place regular policeman
was stationed at the entrance to the poll
ing place by the presiding Judge, and
with other peace officers present. was in
structed to permit one Red and one
BLUE" and only one Red" and one
Blue" to enter the polling place. except
that Americans and such MeXicans as
were known to be able to prepare their
own ballots should be permitted to enter
the polling place whenever they offered
to vote.
He finds that at about o'clock in the
evening the supply of Red or indepen-
dent voters failed. and that group was
no longer able to supply its representa-
tive in the alternate system of voting
adopted; that thereafter two Blues or
democrats. were permitted 10 approach
the polling place at one time. but that
voting was purpoSely DELAYED by the po-
licemen in charge. to permit those in
charge to send out and obtain other vOt-
ers. and that OH three occasions when a
Red" voter could not be found. a drunk
en- man, not qualified to vote, the same
man in each instance, was permitted to
approach and enter the polling place,
Blue" or a democrat being thus replaced
each of these three times. He finds that
four duly qualified voters remained at
the polling place in the first ward for
several hours in order to obtain an OPP
portunity to vote. had such opportunity
been accorded them, and that each of
them would have voted for Cobolini, the
relatOr.
In regard to the second ward. the find
ings were somewhat similar to those in
the first ward, except that it was found