The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1922-08-18
HALL GIVES CONTEST
UP AFTER RECOUNT

"
the election contest proceedings initia
ted some time ago on behalf O.
Charles Hall, defeated candidate fol
the republican nomination for Cover
nor at the primary election May 10
came to an abrupt conclusion in thu
circuit court at Salem. when U'Rer
OF counsel for the contestant announc.
ed that in the face Of the rulinge ot
the court with relation to the intro.
duction of testimony and the appar.
ent erroneous information received
from contestants informants that il
had been decided to abandon further
prosecution of the case.
"The rulings of the court which
have prevented us from interrogat-
ing witnesses with relation to whom
they voted for and the principles and
reasons which prompted them to
change their party affiliations at the
polls on primary election day have
taken us by surprise" said Mr.. U'Ren
in announcing abandonment of the
case.
Apparently there is no appeal
from this court, but we shall now
direct our appeal to the electorate.
This appeal will urge that the pri-
mary law be made more effective
as it relates to the change Of party
affiliations and church influence.
Our informants apparently have
been as much mistaken as are our
differences with the courts rulings"
Jay Bowerman, Of counsel for
Governor Olcott, contestee in the
proceedings, in addressing the court
following Mr.. U'Ren's announcement,
said an effort apparently had been
made to make it appear that the
campaign was a fight between the
Catholics and Protestants.
By stipulation of the attorneys it
was agreed that the cost bill be
prepared in Portland and submitted
to the court at some future date.
The bill, which will include the
attorney fees, together with the wit
ness fees and other incidental expen-
ses, will aggregate several thousands
of dollars. Payment of the costs
will be determined by the court fol-
lowing arguments to be held within
the next few days.
The court ruling which resulted
in abandonment of the proceedings
followed the offering of testimony
by John Theodore Brentano, resi-
dent of the st. Paul precinct in Mar
ion county. Attorneys for the con-
testant attempted to wrest from this
witness information with relation to
the name Of the gubernatorial cam
didate for whom he voted and the
principles and reasons which promp-
ted him to change his party affilia-
tions at the polls from democratic to
republican. Mr.. Brentano refused to
reveal this information, and was sus-
tained by the court.
The court held that legal voter
who changed his party affiliations
in good faith at the polls at the
primary election, even though ac-
cused of casting his ballot illegally,
cannot be compelled to testify as to
the identity Of the candidates for
whom he voted at any election or
point out specifically the principles
and reasons which prompted him to
change his party affiliations.
Mr.. Brentano had admitted on the
witness stand that he had been
lifelong democrat, but that he
changed his party affiliation at the
polls on primary election day be-
cause he preferred the platform Of
the republican candidate to that of
the democratic aspirants. II Judge
the principles of a party by its can
didates," said Mr.. Brentano, '1in that
under the primary law there is no
party platform involved
Both John Collier, chief counsel
for the contestant, and Attorney
U'Ren, argued that the mere fact
that Mr.. Brentano has said he had
changed his party affiliations in
good faith was not sufficient and
that the contestant had the right to
demand that the witness name the
candidate for whom he voted for
governor. "This witness has been
hailed into court, charged with be-
ing an illegal voter" said Attorney
U'Ren, "and we believe the court
should hear all the facts to deter
mine what constitutes good or bad
faith in re-registering of electors.
This court cannot read the mind of
the witness and no person other
than himself has any knowledge of
whether he is telling the truth
Attorney Collier added that i it !