Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1922-01-11
COL. OLDHAM REVIEWS
CONTEST TESTIMONY
Sends Each Member of State
Senate Exhaustive Brief of
Evidence

The committee named by the
State Senate to hear the contest
filed by Col. K. {. Oldham against
Wm. l.. Wallac as senator from
this district Is expected to meet
at Frankfort one night this week
10 consider the testimony. Col.
Oldham has prepared an ex-
haustivc brief OF the evidence.
which he has sent 10 every mem
Der of the Senate as well as tho
Contest Committee. He reviews
the provisions of the Constitu-
lion and the Statutes completely
as affecting grounds upon which
he alleges Mr.. Wallace is ineli-
giblc to hold the office OF Sena-
tor from this district
Those who are not familiar
with the case Will read what Col.
Oldham SAYS with interest:
To tae Members Of thr Kentucky state
SENATE
, Gentlemen
have "a contest pcudiu- b-for. your
honofaDi, body and. believing that my
grounds tur contest are meritorious
! and that . au i"-aily entitled 20 the
seat now claimed by the Senator from
thc -glh S'natr.iaI district. : submit
.ni- brief vhi-u sin acquaiut you with
] 81 ltE lru end facts involved.
90 D. hoped thaJ YOU viii understand
trat tbis IS contest r.rd iu good laith
and that . a.l supported by the Law OF
/ the Commonwealth which iS 80 plain
that 70 is needless that should appeal
Co any narrow o- partisan feeling in "a
senator 90 had to make that sort
OF au appeal D would NOT accept the
seat which . nos. sevk and claim.
Gentlemen. B. what claim H. the
law ur th. Commonwealth. . am cntiJ-
Ted o., Go, relief sought and should re-
ccirr 10 g.. y"ur hands re=ardl-s~ "r
S. hetE,- 3 am "a democrat or "a repuiJ-
ear.
Tia. contestant r-s.iu Is simply ask
ll-. d. O. gaur decision under your oaths
us Sstat.r~ aud that you uphold The
Constitution ot The Commonwealth
which ss th, "r-anic law "f the land.
iH- suprrm. laN which can not Do
,iau--d .r ul,-r-I by the vote of cv-
cry m-mD,r OF thr Gsu~i.i Assembly.
statement or Fart~
TH, counties "I Madison. E>tiil.
cu -l.g. ftuskca~t'-. and Jack
SOON r.rif,.-- ta. @eth Senatorial dis
J-ict .I the state Of K-rJucEy At a
special election held iu said district
u~ D-c-mb.r 70 Ia-l Hon. William T.
Wallace. 81 Frankfort Ky. was elect
20 a.. tr. state S-uut- and now holes
-,,d claims l-.u ri-it tr said office.
SIR Wallace WAS raised ia Madison
.ault, t-v.. in -afI senatorial district
rar hua been absent from tEe county
and irHu the siStIirj r1utint'~>y Tor
u.or. tHau fur years. Prior to that
uus %. Nus 900 tn, '-uig. and went to
iu,. a-uv from Madison county in the
early part "t 1917 Prior to going to
the army. u. WAS resident "f Rich
mond Ey.. and was engaged in the
practice. -T law ia Richmond had u
partnership with LiS fa-Err. c. e. Wa
rar- Urur his RETURN home in the
carly part 90. 1912 or about that iim.,
uy declined Goo c"utiuu" th" partner
-sip With Dis father. hut removed O"
Frsiu', l.r;. t>y. whrr, Ec opened a law
office AND ,yi-r. bee has since pructic-
ID and resided. Hi. business letter
heads state. l..at b." is ASS aciated with
Hon. Edward O. ul:rar of Frankfort
ks. u o.. practice of law. tie has
,,.p.at-aly refused tn return to Madi-
som .,aut, q. practice his profession
Ar. Wallace did not 80 60 Frankfort
-or tL, purp.-, of performing th" dut-
rs. CO.. amy office though hc did. in
March. 1921. ac,,p, the appointment a.
Judge Advocate for JEr State or Ken
tuckv Tlts appointment was cor-
Hrmcd by the Secretary of War OF th"
United states aud Mr. Wallace did
not resign said appointment before he
WAS voted Tor in his race for state
!. .uator.
For more than two years hc has ae-
.uaIly resided in Frankfort. his busi-
ness las been IN Frankfort. ne has con
tinuafIy lived and boarded there. and
ms no personal property and has no
office in the e9th Scutorial district.
He E.. "a man without family. and is
rnma-rfcd For more than two years
Ne. has performed no act Of citizenship
in IN. district. except that h" did vote
I'm Nndi-on county but was allowed 10
du so without objection from anyone.
The Two Questions Involved
There are two legal questions invol-
we'd in determining his right To the
scat ne now claims and both relate 10
provisions Of the Constitution Of Ken
tucky and 10 the Kentucky Statutes.
First-DoeS the Constitution fixing
residence" as q qualification Tor state
Senator mean an actual or legal
residence
SECOND. May State Senator hold an
other office OF trust or profit under the
state cr United States or both aud. at
the same time hold the office Of SEN
atorc
The First Question
BEGINNING the discussion a To
Continued on 2ud Fage)