The weekly Alaska citizen., 1919-05-19

AAs<H0NIA S4 1LC4Vs FA1Nl under which the petitioner. b. his agent. is appearing. provides:
 When any contestant or returned member Is desirous of obtaining tes. timony respecting a contested cleo. tion. he may apply for Q subpoena to either of the following ofllcera who may reside within the congregational district in which the election to be contested was held:
 First. Any judge of any court of the United States.
 Second. Any chancellor. judge or justice of . court of record of any state.
 Third. Any mayor. recorder or in. tendent of any town or city.
 Fourth. Any register In bankrupt. cy or notary public"
 This section must be construed in connection with the plain provisions of the following sections:
 Section l05. Whenever any per son intends. to contest an election of any member of the house of represen- tatives of the United States he shall. within thirty days after the result of such election shall have been de. termined by the officer or board of canyassers authorized by law to de termine the same. give notice. in writing. to the member whose seat he designs to contest. of his inten ton to contest the same. and. In such notice. shall specify particularly the grounds upon which he reiies in the contest.
 "Sec 108. Any member upon whom the notice mentioned in the preeed. ing section may be served shall. with. in thirty days after the service ohere- o4. answer such notice. admitting or denying the facts alleged therein. and stating specifically any other grounds upon which he rests the va. lldity of his election: and shall serve @ copy of his answer upon the con. testant.
 Sec l07. In all standardization cases the time allowed for taking testimony shall be ninety days. and the testimony shall be taken in the following order: The contestant shall take testimony during tho first forty days. the returned member during the succeeding forty days. and the contestant may take testimony in rebuttai only during the remain ing ten days of said period.
 "Sec. 1os. Tho party desiring toI take a deposition under tho provts' ions of this chapter shall give the op- posite party notice. In writing. of thel time and place. when and where theI same will be taken. of tho name of the witnesses to be examined and their places of residence. and of thei name of an officer before whom the same will be taken. The notice shall be personally served upon the oppo- site party. or upon any agent or at torney authorized by him to take testimony or cross.examine witnesses in the matter of such contest If. byl the use of reasonable diligence. per sonai service cannot be made. the service may be made by leaving al duplicate of the notice at the usual place of abode of the opposite party. The notice shall be served so as toI allow the opposite party sufficient time by the usual route of travel toi attend and one day for preparation. exclusive of Sundays and the day of service. Testimony in rebutta1 mayt be taken on Ave days notice.
 "Sec. Ill. The officer to whom the application authorized by, the pre- ceding section (Sec. llsl is made shall thereupon issue his writ of subpoena. directed to all such wit nesses as shall be named to him. re- quiring their attendance before him. at some time and place named In thel subpoena. in order to be examined respecting the contested election
 Sec. 12l. Tho testimony to bel taken b either party to the contest shall be confined to the proof or dis proof of the facts alleged or denied in the notice and answer mentioned in sections one hundred and Ave and one hundred and six.
 Sec. l22. Tho offlcer shall causeI the testimony of the witnessed, tol gether with the questions proposed by the parties or their agents. to bel reduced to writing in his presence. and in the presence of the parties orl their agents. If attending. and to bel duly attested by the witnesses res pectiveiy.
 Sec. 1s5. Tho notice to take depo sitionB, with the proof or acknowl. edgment of tho service thereof. and a| copy of the subpoena, where any has