Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-02-12
OBJECTION TO

Continued from pas. one.B
house By u n. Smith, independent
candidate for representative.
Upon announcement last week that
Montgomery had been seated by the
lower house without the COMMITTEES
on elections and --ivileges having
made IN investigation Of the election
IN Hidalgo county, the Good Gov
eminent League Immediately started
circulation Of the petition 10 be
presented 10 the Legislature. Four
days we're allotted the precinct
chairman to secure signatures.
Following is the text Of the petit
ton which will be presented the
legislature:
Under and by virtue Of Art. J,
Sec. p. Of the constitution Of the
state of Texas. investing in the citi-
ems Of this state the right 10 ap-
ply TO those intrusted with the pow
ers OF government for remembrance,
We the undersigned citizens Of Hi
dalgo county, Texas, being a major
ity Of thee l.gal voters Of said
county, hereby submit the follow
ing:
"Hon. 2. NJ. Smith. a residen. clti-
rem of this county, an honored and
respected member OF the bar, who
during the World war gave his GER
vices overseas and now carries in his
breast a shsrpnel received from the
enemy; a son Of a Confederate SOL
der and a native Of Texas demo
cr2t. was a candidate fer representa-
tive Of the 73rd district. being or
posed by Mr.. ". r. Montgomery in
the election OF Nov. s, and in n
honest opinion. was elected BY q
large majority ~ the legal votes Of
this county. The political mschin-
cry. however. was controlled snd
manipulated by the faction Of which
Mr.. Montgomery Is a member. and
upon the face Of the returns in the
hands of this faction. Mr.. Montyom-
-er1-y vas declared elected. and re-
ceived the certificate of election.
u Only Tribunal
"Ths only tribunal having igris-
diction 10 determine the contest for
this office, is your honorable body.
The doors Of the courts sre closed
for relief. Mr.. Smith. within tbs
time and in the manner required By
law. filed his notice ard statement
OF contest. alleging some 1900 lie
ral votes had been cast for his OF
ponert in the election and specifi-
cslly giving the names Of the vot-
ers and precincts where cast. o n
fact every detail was set forth with
unusual particularly. Mr.. Mont
gomery filed his reply. which con-
sists among other things Of extreme
technical objections not going to the
merits Of the controversy. and at
each meeting OF the committee TO
which the contest had been refer
rcd. his attorneys sought in every
manner to prevent a hearing upon
the merits. but, be IL said 10 the
credit Of the members Of the com
mittee. they rejected the technical
objections and decided to- try the
controversy upon its merits.
after the opinion Of the attorney
general was rendered. IN which he
stated the committee had no suthor-
itv 90 hear the contest outside OF
Austin. Mr. Smith urged action in
the matter and IL was set down fer
hearing fer Wednesday,. Feb. 8. ~ Q
.. ~. The ballet boxes vers or
dered BY the committee % be dsliv-
cred ~ Austin. sni Mr.. Smith and
his attorneys made evary rrspsrs-
item ~ support TIE charges and
allegations in the msnnsT provided
by law.
without Precedent
Without any notice, and without
Mr.. Smiths having any opportunity
Of being heard. this contest was dis
missed by your honorable body. and
there il no recourse open to Mr..
Smith or the citizens who have been
disfranchised by such action. We
do not believe the members SER
iously considered the precedent es-
tablishsd BY such action. Even the
meanest criminal has the right 10 q
full and fair hearing. II your hon
orable body believes that this actlon
is proper under these circumstances.
then the great mass Of people Of
this county as we'll rs n majority Of
the legal voters will have 70 sub
NIT.
However, We present this petition
for your consideration and trust th-t
action will be taken hy your body
u remedy the great and serious
wrong that has been done Mr.. Smith
ss well rs the citizens Of this eoun-
IS. We ask that YOU reconsider
your action ard instruct the COM
mittee 20 proceed with the hearing
in this cause"
wn ~ warH WRV