Evening star. [volume] (Washington, D.C.) 1854-1972, 1938-05-22
jerks
Continued From First Page

are good arguments judging from the
minority report OF the committee
ne will not be ousted. However, the
word apparently has gone down the
line to sharpen the ak. Democratic
leaders are predicting the unseating
of Mr.. jerks. Already. it is re-
ported. poll is being taken OF the
Democrats to be sure that enough
OF them will vote to unSeat.
Representative Kerr of North Caro-
lima, chairman of the Elections Com
mittee, has suggested that the Roy
jerks case be taken up either May
"a. Is or 26 1t is privileged under
the rules of the House and can be
taken up at any time.
The case has been narrowed down
of Newton, N. H. The records of
the voting officials in Newton show
that 458 votes were cast in the cleo
ton. The recount disclosed only 424
ballots Without these ballots, Mr.
jerks loses by 10 votes, but with
them he Is winner.
Votes TO Verify Lists.
The mystery Of the missing ballots
so intrigued the House itself that a
year ago, by vote of 23l to 1870, it
directed the Elections Committee to
verify the check lists in Newton by
taking the testimony of all OF the
458 residents shown by the lists to
nave voted The committee went to
Newton in August and asked the vot-
ers-not how they voted-if they had
voted.
The results of this inquiry, as shown
in the minority report of the COM
mittee, were as follows: 436 appeared
and showed they had voted; nine
voters who had died. according to
testimony Of two or more eye-wit-
nesses. were at the polls and did vote;
six voters who were sick or inf1rm
at the time of the hearing gave af1i-
davits to a subcommittee. stating they
we're at the polls; two voters absent
at the time Of the hearing, whose
presence at the polls was accounted
Tor by eye-witneSses. and five voters
temporarily out of the State were ex-
cused by the acting chairman of the
committee from returning to give tes-
timony The total is 458. Yet only
434 ballots were found in the recount.
Since that enumeration was made,
members of the committee have seen
each OF the seven residents of New
ton who fully
and have obtained affidavits from
them to the effect they were at the
polls and voted.
Representative Kerr. reporting for
the majority of the committee. said ::
The committee. pursuant to a reso-
luton adopted by the House August
10. 1887. visited the town of Newton
and Investigated the matters referred
to in said resolution. From this in
vestieation the majority of the COM
mittee find no evidence was offered
at said investigation which changed
their opinion as heretofore an
nounced.'
Majority Favored Unseating.
The majority of the committee had
earlier reported in favor of unseating
Mr.. jerks and giving the place to Mr..
Roy. It was after this original re-
port had been submitted and debated
that the House voted to send the
committee to Newton
The majority report also stated that
the testimony Of town officials and
selectmen was to the effect they be-
lieved the ballot boxes, which were
sealed after the original count, could
not have been tempered with.
The majority. therefore, insists that
since the ballots were not found in
the box. they had not been cast; that
there were no such ballots and that
Mr.. Roy should be seated. 1t declined
to accept the tally sheets and the
check lists as the best evidence as to
how many votes were cast. And. ap-
parently, it declined to accept the
testimony and af1idavits of the voters,
on which the Republican minority Of
the committee lays SO much stress.
After the visit to Newton last sum-