AUTHORIZING THE INVESTIGATION OF ALLEGED PART 3 Printed for the use of the Committee on Privileges and Elections WASHINGTON GOVERNMENT PRINTING OFFICE 1924 68th M&As 1924c CONTENTS Brief on classification and recount. Brief on effect of Texas corrupt practices act, and injunction. Brief on legal right of Peddy to have his name printed on ballots.- Memorandum on effect of appointment of Peddy as special assistant at- Contestee's brief on the effect of temporary injunction of Texas court in regard to contestee's name on the ballot. Opinion of Judge Jones, of the Court of Civil Appeals of Dallas, Tex---Memorandum brief on questions of law arising on prescription of primary election tests, and in respect to document published by the chairman of the State Democratic committee... Contestant's brief in reply to brief of contestee in re effect of violation of corrupt practices act and injunction_. General information concerning the recount, by counties.. Page 591 605 638 656 706 707 728 737 754 774 SENATOR, FROM TEXAS CONTESTANT'S BRIEF ON CERTAIN QUESTIONS ARISING ON "RECOUNT" AND CLASSIFICATION" OF BALLOTS, ETC. PRELIMINARY EXPLANATORY REMARKS No question is here raised or discussed in respect to the legality, vel non, of the Mayfield ballots upon which his name was printed as the purported nominee of the Democratic Party. The number of such ballots (amongst the ballots sent to Washington) was ascertained and found to be (approximately) 159,878. (The tabulator's totals show 160,192, but this figure includes 314 ballots on which Mayfield's name was typewritten.) The legality of this class of ballots will, we assume, be determined in another connection and without particular respect to the various features of the "recount. For present purposes, therefore, and arguendo solely, ballots of this class are assumed to be valid unless, and as, they become subject to other so-called "defects" as found upon the "recount.' It is well to remember, however, that if this class of ballots should, at the onclusion of the testimony, be found to be illegal and that, sequentially, they should be deducted from Mayfield's total, this of itself would leave Peddy with a large majority of the legal ballots cast regardless of all things else. No ballots (except in some cases a few "sample" ballots) were obtained from some 30 counties with official returns of 32,376 for Mayfield and 14,095 for Peddy because the Texas custodians thereof, in plain violation of law, had caused, or permitted the ballots to be destroyed. Contestant will desire to offer testimony concerning the election-its method of conduct, etc.-in those counties. No ballots were found for some precincts in some of the other counties. The "official returns" for these "missing precincts" will soon be available, and, where proper, these returns can be substituted for the missing ballots. The total of the "returns" for these missing precincts will be (about) 14,000 for Mayfield and (about) 3,000 for Peddy. It is probable that contestant will desire to offer testimony concerning the conduct of the election in some of these "missing precincts. GENERAL RULES Article 3062, Revised Statutes (Texas), 1911, provides: If, upon the trial of any contested election case, any vote or votes be found to be illegal or fraudulent, the court trying the same shall subtract such vote or votes from the poll of the candidate who received the same, and after a full and fair investigation of the evidence shall decide to which of the contesting parties the office belongs. (Sec. 153, p. 62, "Revised Election Laws of Texas with Annotations," etc.) |