The weekly Alaska citizen., 1919-05-19

didate for election to the office oi Delegate to Congress on the repub lican ticket and one Charles A. Sul ger was a candidate for said office on the democratic ticket. That the said Charles A. Sulzer is now deceas ed. and this proceeding Is therefore ex parte.
 ?. That on or about the 17th day of April. 1919, the canvassing board created by law to canvass the returns of said election. certified that said Charles A. Sulzer had been duly el. ected at said election.
 3. That your petitioner Is now con. testing the legality of said election and the validity of said certificate in proper proceedings before the house of representatives of the United States. and for the purpose of said contest desires to obtain certain tes. timony concerning said contested election. and desires to examine un. der oath respecting the said contest. ed election the following named per. sons stationed at Fairbanks. Alaska. who were at the time of said election enlisted men in the military service of the United States and voted at said election. and whose right SO to do is. in said contest. questioned. viz: John E. Pegues, Herman B. Stenbuck. E. D. Whittle and Durwood NJ. Hooker. and your petitioner de. sires the issuance of a writ of sub poena directed to each of said per. sons to attend. for said examination, before the Honorable Judge of said Court on the 21st day of May. 1919. in the District Court room at the court house in Fairbanks. Alaska. at the hour of o'clock p. m. of said day, then and there to be examined res. pecting said contested election, pur. suant to the provisions of Section no ct seq. of the Revised Statutes of the United States.
 And your petitioner will ever pray.
 MORTON E. STEVENS,
 Adorned for Petitioner. Territory of Alaska. ss.
 Henry T. Ray. being first duly sworn on oath deposea and says: That he is the agent of the petitioner herein. and that he has heard read the foregoing petition. and knows the contents thereof. and the facts there. in stated are ture as he verify be. lieves.
 HENRY T. RAY.
 Subscribed and sworn to before me this 14th day of May. 1919.
 CECIL H. CLBGG. (Notarial Seal)
 Notary Public in and for Alaska. My Commission expires Oct. 3l. 1sl9."
 Chapter eight of the Revised Stat. utes. sections 105 to 130 and amend. ments thereto covers the subject of & contested election for a seat in the house of representatives in 30 far as congress has determined the same by legislative enactment. Under the Constitution of the United States each house is made "the judge of the cleo. tions. returns and qualifications of its own members" and in order to cor. rectly determine the merits of a con. tested election, the house of repro sentatives has the power to prescribe such rules of procedure as will in its judgment best subserve the ends of justice and determine the matter as of right between contestant and con. testee. always bearing in mind the fact that the people of the district "are the real parties in interest" On the 5th day of November. 1913 general election was held In the Territory of Alaska for the purpose of electing a delegate to congress from Alaska. members of the territo rial legislature and four road com missioners. All of the returns from the several precincts were not receiv ed by the canvassing board until about the 18th day of April. 1919 Thereafter and on the 17th day of April. 1919. the canvassing board de clared Charles A. Sulser elected delegate to congress from Alaska The said Charles A. Sulzer died or the 18th day of April. 1919. and tc All the vacancy caused by MT. Sul zer's death the governor of the terri tory has called a special election tC be held on the 3rd day of June. 1919 Section no of the Revised Statutes