The Oklahoma City times. [volume] (Oklahoma City, Okla.) 1908-1984, 1915-07-15
WILL TRY
ELECTION CASE
lConlInuca rom Page ono

the statute, they may refer 1t to the
supreme court of the United States.
Another fact about the ease that IA
not generally known is that the grand
father oInusc got into the case by ne
cident, II may be- said II was plead
ed by the two election officials as II
defense for their action They were
charged originally with q violation Of
section nineteen Of the federal penal
code, which has nothing tu do with
elections, but provides punishment In
cases II n conspiracy 10 deprive any
person ~ his rights ~ a citizen. IL
was alleged that the two KlngfIsher
election officials had %cousplred to
prevent persons from exercising their
right TO vote for congressman.
Was Made q Defense
The grandfather clause was brought
into II I'm this way under the state
law, the defendants blended. they had
the right 10 deprive certain persons
Of their right 10 vote. They were en-.
forcing the state law aud their defense
was that II was a constitutional.
Judge Cotteral held the grandfath-
or law unconstitutional and not Il SUI
flclent defense for conspiracy "a
charged under the federal statute. The
defendants appealed to the circuit
court Of appeals. From there It was
referred 10 the supreme court NJ the
United states without any action on
the part ~ the defendants.
The supreme court upheld Judge
C'ttcrnl and the case will now be-
certified hack tO the United States
circuit court NJ appeals, from which
the mandate will come bnck ~ the
district court here II must be- con
flrmei by that court ana unless they
are parduncd the defendants must
serve the time Tor which they were
sentenced Quinn and Rcnll were pre-.
ciuct election officials I'm Kingfishcr
county and had refused to give ballots
tn negroes who desired 10 vote for
congressman.
4 More Important Case
Another decision that was handed
down nj the same time by the United
States supreme court Is really NJ
more Importance that the decision In
the Quinn and Bcull ease, since II N
trcls every state In the union. II was
the ease against Dan Hogan aud Tom
Moselry, county election officials In
blaine county, charged with 70 con.
,ulrncy 10 not count the ballots I'm
eleven precincts In that county. II
was based on the same fedora. statute
nud was prosecuted hy Homer y
Roarlmun, ut that time United States
district attorney.
In the Blaine county ease Attorney
Bunrdman took the position that the
right " suffrage rs provided for I'm
the federal constitution guaranteed
the right 10 vote aud ulso the right
10 have the vote counted. BEFORE TINT
time II had been held That the right IN
vote Ind been exercised when the ballot
Nas put iu the box, nud II was not
considered the government Interested
Itself further after that right had
been exercised Attorney Buurlmnu
carried the case mp IN the United
Stntcs supreme court and the decision
" That court npsrts all former drri.
Ions aud establishes the right tu reg
ulntr all evils aud frauds In congress.
sionnl elections.
Confused With Grandfather Case
This decision was handed down M
the tumr time the decision was mnIr
I'm the klngfishcr county case and has
been confused with H. II IS % most
sweeping decision aud affects congress
slunul elections ur ull elections I'm which
ballots are Gust FOR congressman ur
United States senator I'm other words.
II establishes the futt that the federal
government protects the voter I'm hlg
rirhts from the moment ne leaves his
home to cast u ballot mp tn the time
thut ballot has been counted aud the
returns made
The Blaine county case was usrd
against Attorney Roarlmun when he
was United States district ntturnc,
aud II WIS charged that he had been
guilty ~ perniclous political activity
The charge against Hogan and
Moselcy was thnt they had couspirri
against the voters " eleven precincts
10y refusing to count their ballots Tn,
refusal was FOR the purpose VI defeat.
Ing the Republican congressional can
didntc In that district, Dick 4. Nor
gan II was n complicated case. and
the election officials are said 10 hay,
had the help " politicians In okla
hulna city In figuring II out
Went TO Highest Court
ny manipulating Of the hullots and
throwing out eleven precincts In Blain,
county the officials counted In n Dem
ocratlc county clerk, nm assessor ant
a county commissioner The defeat
I'd candidates for those offices inst.
tuted contests and two NJ the case,
came "a the state supreme court Al
] three Of the officials defeated by tn