The Prescott daily news., 1913-07-10


 dcubtedly would have seen to it that no illegal votes were cast for Hays The Gazette did not point out that there are Tour ways of proving that one is 9 qualified voter; First: Those whose names appear on the printed list; sec ond; those who hold receipts and those whose names were inadvertently omit ted from the list; third those who have lived in county six months, and who hold receipt paid in another county; fourth; those who have reach ed the age of 2t years since the last tax assessing period
 As to Ouachita county, all lawyers know that the burden was on the con testant to show who were illegal vot- CTS. From their own admissions in the committee meetings, the contest ants attorneys were unable to do that
 With reference to the Boone county witnesses, which the Gazette says MT. Brundidges attorney stated would ar rive Wednesday afternoon; that he then asked thaS they be allowed until Thursday morning to present other evidence; that would have been too late for the committee to have certi fled out a nominee.
 The Gazette quotes from the opin- ion of Chancellor Martineau to estab- fish the fact that Mr. Brundidge was not given q fair hearing by the com mittee. That was the chancellor's opinion. Eight other lawyers of ability on the committee differed from his view on that subject The Supreme Court has yet voice in the matter.
 According to the ideas of many well informed lawyers, if the chancellor is correct in his theory of the law in the premises, he should have ordered the committee to re-assemble and to hear the contest for the full 40 days allo ed by law.
 As the Gazette correctly says. 'It has. of course, not been shown that Judge Hays is not the rightful nominee" However, @ reading of the Gazette edi torial would leave one to believe that it was the duty of the Hays men to not only hunt up the evidence for Mir. Brundidge with which to establish his contentious, but also to disprQxe the charges made by lim The burden is always upon the party who makes a charge; however, the committee were at all times ready and wiling 0 hear any testimony MT. Brunddse produc- ed Ten days had elapsed since the primary, during all of which time MT. BruEdidge had been crying Fraud" But when the committee met he brought them nothing to substantiate hose allegations. It was apparent 10 he committee that the sole purpose of AIr Brundidge's attorneys was. not 10 present the contest in the three days allotted but to use said tactics as would carry the hearing beyond the time Wh>N a Democratic nomi1ee could be declared aud certified out. In corroboratlon Of tha statement, we have only to point to the refusal Of VT. Brund;dge to comply with the motion of the committee. wherein il requested both BruHdidge aud Hays to signify heir willingness in writing whether CT not they would abide by the ruling of the committee, as required b. law
 Mir. Burdidge had gene into the campaign under the resolution of the committee, which provided for the holding of the primary of June 2t he had filed his solemn pledge in writing to abide by the result and not to be- o ;.,.1 T or otherwise, if defeated, and to sup. port the nominee. It did los6 to the committeeman like his attorneys were doing everything within their power to keep anybody from being de- cared the Democratic nominee.-0ot with any hopes that Mir. Brundldge would be the nominee.
 With all of the light before th n with the glorious history of the Demo cracy ofw Arkansas before them. i-e struggles in reconstruction days , its victories, the commi taomen did r1; want to turn Arkansas over to the Ee. uublicans as was done in our sister state of Tennessee. but, acting with S-ucere conviction upon the belief that Judge Geo. w. Hays had from the eff cial returns, received a greater numler of votes that his late opponent, and feeling confident they were voicins tAe sentiments of the great majority e. Democrats within the state, and were Coing that which would be to the best interest of the people of Arkarsas,-- they did what the law and their con science compelled them to do-docar-
 1 Judge Geo. w. Hays. the DenOcrat-