1782 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 9,
NEW YORK. MINNESOTA. Charles 0. Sprague to be postmaster at Prince Bay, in the Simon J. McKenzie to be postmaster at Adrian, in the eounty county of Richmond and State of New York. Office became of Nobles and State of Minnesota. Presidential January 1, 1904. mssoURr. NORTH cARoLINA. George B. Wade to be postmaster at Jasper, in the county of William H. Holt to be postmaster at Graham, in the county of Jasper and State of Missouri. Alamance and State of North Carolina, in place of William H. NEW MEXIco. Holt. Incumbent's commission expired February 5, 1904. Edward Quinn to be postmaster at Gallup, in the county of Me- NORTH DAKOTA. Kinley and Territory of New Mexico. Edmund K. Cavileer to be postmaster at Pembina, in the PEm;•BYLv.A.N:U. county of Pembina and State of North Dakota, in place of Ed- Robert H. Sloan to be postmaster at Clairton, in the county of mnnd K. Cavileer. Incumbent's commission expires February Allegheny and State of Pennsylvania. 19, 1904. - , TEN!mSSEE. Emil 0. Ellison to be postmaster at La Moure, in the county of Leander W. Dutro to be postma5Wr at Memphis, in the county La Moure and State of North Dakota, in place of Emil 0. Ellison. of Shelby and State of Tennessee. Incumbent's commission expires February 24, 1904. Edmund D. Hughes to be postmaster at Mountpleasant, in the Arthur H. Johnson to be postmaster at Drayton, in the county county of Manry and State of Tennessee. of Pembina and State of North Dakota, in place of Arthur H. Johnson. Incumbent's commission expires February 19, 1904. TEXAS. w.ABHINGTON. Clinton J. Farrell to be postmaster at Vernon, in the county of Hugh Eldridge to be postmaster at Bellingham, late Whatcom, Wilbarger and State of Texas. in the county of Whatcom and State of Washington, in place of w A.SHINGTON. Hugh Eldridge. To change name of office. Grant C. Angle to be postmaster at Shelton, in the county of Mason and State of Washington. William R. Baker to be postmaster at Colville, in the county of CONFIRMATIONS. Stevens and State of Washington. Executive nominations confirmed by the Senate February 9, 1904. Judson J. Merrima.n to be postmaster at Lind, in the county of Adams and State of Washington. SURVEYOR OF CUSTOMS. James W. O'Connell to be postmaster at Republic, in the county Frederick A. Knntzsch, of New York, to be surveyor of cnstonu; of Ferry and State of Washington. for the port of Syracuse, in the State of New York. John F. Spangle to be postmaster at Cheney, in the county of APPRAISER OF MERCHANDISE. Spokane and State of Washington. · George Vetter to be postmaster at Sunnyside, in the county of Fred W. Edwards, of Pennsylvania, to be appraiser of mer Yakima and State of Washington. . chandise in the district of Pittsburg, in the State of Pennsylvania. PROMOTION IN THE MARINE-HOSPITAL SERVICE. P. A. Surg. Henry D. Geddings, of Alabama, to be a surgeon in the Public Health and Marine-Hospital Service of the United HOUSE OF REPRESENTATIVES. . States, to rank as such from November 23, 1903. TUESDAY, February 9, 190.1;.. PROMOTIOl\'S IN THE NAVY. The Honse met at 12 o'clock noon. Lieut. Commander Isaac S. K. Reeves to be a commander in the Prayer by the Chaplain, Rev. IlENE.Y N. CoUDEN, D. D. Navy from the 27th day of December, 1903. The Journal of the proceedings of yesterday was read and ap Lieut. Commander Albon C. Hodgson to be a commander in the proved. Navy n-om the 27th day of December, 1903. MESSAGE FROM THE SENATE. Commander James D . .AdamB to be a captain in the Navy from the 31st day of December. 1903. A message from the Senate. by Mr. P .ARKINSON, its reading Lieut. (Junior Grade) Charles T. Owens to be a lieutenant in clerk, announced that the Senate had passed bills and joint reso the Navy from the 1st day of January, 1904. lution of the following titles; in which the concurrence of the To be lieutenants (junior grade) in the Navy from the 28th day House of Representatives was requested: of January, 1904: s. 3530. An act to provide for the construction of a light-hou e Edward B. Fenner. and buoy tender for the inspector of the eleventh light-house dis Richard D ._ White. trict; Paul B. Dungan. S. 1419. An act to fix the salary of the collector of custonu; at Edward C. Kalbfus. Omaha, Nebr.; James W. L. Clement, jr. S. 2424. An act to recognize and promote thB efficiency of army Clark: H. Woodward. chaplains; Cyrus W. Cole. S. 2816. An act to amend section 3095 of the Revised Statutes William R. Sayles, jr. of the United States; Farmer Morrison. S. 2621. An act for the widening of V street NW.; Samuel B. Thomas. S. 1636. An act for the opening of R street NE. to Twenty Alfred W. Johnson. eighth street and of Twenty-eighth street NE. from R street to Asst. Surg. Richard B. Williams to be a passed assistant sur M street; - geon in the Navy from the 17th day of November, 1903. S. R. 6. Joint resolution to authorize the Secretary of the Navy to donate to the Minnesota Historical Society the steering wheel POSTMASTERS. of the former ship Minnesota; COLORADO. S. 2641. .An act to provide for the removal of floating dangers Michael J. Guerin to be postmaster at Salida, in the county of to navigation to certain steamship lanes off the Atlantic coast of Chaffee and State of Colorado. the United States and for the construction of a suitable vessel to COK~~CTICUT. be used for such purpose by the Navy Department; R. Clifford Tyler to be postmaster at Chester, in the county of -S. 3110. An act to provide for the convening of general courts- Middlesex and State of Connecticut. martial at remote naval stations; DELAWARE. S. 127. An act authorizing the joining of Kalorama avenue; John K. Chambers to be postmaster at Newark, in the county S. 351. An act for the relief of Joseph B. Sargent; S. 2845. An act to authorize the appointment of Ricardo Igle of Newca~tle and State of Delaware. sias as a midshipman in the United States Navy; ILLINOIS. S. 2382. An act providing for the resurvey of certain townships James F. Crawford to be postmaster at Warsaw, in the county in Routt and Rio Blanco counties, in the State of Colorado; of Hancock and State of Tilinois. S. 1635. An act for the extension of M street east of Bladens- MA.SS.ACHUsETTs. • burg road, and for other purposes; Abbie H. Souther to be postmaster at Cohasset~ m the county· S. 276. An act to provide for the celebration of the one hun- of Norfolk and State of Massachusetts. dredth anniversary of the exploration of the Oregon country by MICHIGAN. Capts. Meriwether Lewis and William Clark in the year 1804, 1805, Volney W. Olds to be postmaster at Hartford, in the county of and 1806, and for other purposes; Van Buren and State of Michigan. S. 703. An act setting apart a tract of land to be used as a 1904. CONGRESSIONAL RECORD-HOUSE. 1783
cemetery by the Independent Order of Odd Fellows of Central The SPEAKER. The Clerk will report the resolutions. City, Colo.; and . The Clerk read as follows: S. 2794.. An act to amend an act entitled "An act to amend an House resolution No.195. act entitled 'An act relating to tax sales and taxes in the District Resolved That Hon. George Howell was not elected a Representative in the of Columbia,'" approved May 13, 1892. Fifty-eighth Congress from the Tenth district of the State of Pennsylva~a. The message also announced that the Senate had passed with Resolved That Hon. William Connell was duly elected a Representative in the FiftY-eighth Congress from the Tenth district of the State of Pennsyl· out amendment bills of the following titles: vania, and is entitled to a seat therein. H. R. 7024. An act to name streets, avenues, alleys, highways, and reservations in that part of the District of Columbia outside Mr. McLAIN. Mr. Speaker- of the city of Washington, and for other purposes; and Mr. DRISCOLL. I yield to the gentleman from Mississippi. H. R. 7023. An act to regulate the height of buildings in the Mr. McLAIN. 1\Ir. Speaker, I desire to offer the following District of Columbia. resolutions as a substitute. A further message from the Senate, by Mr. PLATT, one of its The SPEAKER. The Clerk will report the same. clerks, announced that the Senate had passed with amendments The Clerk read as follows: bill of the following title; in which the concurrence of the Honse Resolved That William Connell was not elected a Member of the Fifty eighth Co~ess from the Tenth Congressional district of .Pennsylvania, and of Representatives was requested: is not entitJ.ed to a seat therein. H. R. 11287. An act making appropriations for the diplomatic Re so~ved That George Howell was elected a Member of the Fifty-eighth Con!ITess from the Tenth Congressional district of Pennsylvania, and is en and consular service for the fiscal year ending June 30, 1905. titled to a seat therein. SENATE BILLS AND JOINT RESOLUTION REFERRED. Mr. DRISCOLL. Mr. Speaker, I wish to state here that the Under clause 2 of Rule XXIV, Senate bills and joint resolution majority and minority of this committee have agreed between of the following titles were taken from the Speaker's table and themselves that the debate on this question shall commence now referred to their appropriate committees as indicated below: and continue until to-morrow at 3 o'clock, and that then the pre S. 3530. An act to provide for the construction of a light-house vious question shall be considered as ord~red on the resolutio~ and buoy tender for the inspector of the eleventh light-house dis offered by the committee and on the substitute, and I ask unam trict-to the Committee on Interstate and Foreign Commerce. mous consent that that order be now made. S. 1419: An act to fix the salary of the collector of customs of The SPEAKER. The gentleman from New York asks unani Omaha, Nebr.-to the Committee on Ways and Means. mous consent that debate continue upon these resolutions and the S. 2424. An act to recognize and promote the efficiency of army substitute until to-morrow at 3 o'clock, and that the previous chaplains-to the Committee on Military Affairs. question be ordered at that time on the resolutions and the sub S. 2816. An act to amend section 3095 of the Revised Statutes stitute. of the United States-to the Committee on Ways and Means. Mr. McLAIN. Mr. S; eaker, I should like to ask the gentleman S. 2794. An act to amend an act entitled "An act to amend an if the time is to be equally divided? act entitled 'An act relating to tax sales and taxes in the District 1\lr. DRISCOLL. The time to be equa.lly divided and to be con of Columbia,' " approved May 13, 1892-to the Committee on the trolled by the gentleman from Mississippi on his side and by my District of Colu.m bia. self on this side. S. 2621. An act forthewideningof V street NW.-to the Com The SPEAKER. Is there objection? mittee on the District of Columbia. There was no objection. S. 1636. An act for the opening of R street NE. from R street Mt·. DRISCOLL. Mr. Speaker, before entering upon the dis to M street-to the Committee on the District of Columbia. cussion of this case on the merits it may not be inappropriate to S. R. 6. Joint resolution to authorize the Secretary of the Navy refer briefly to the magnitude of the task involved in the exami to donate to the Minnesota Historical Society the steering wheel nation of the record and in the preparation of the report to the of the former ship Minnesota-to the Committee on Naval Affairs. House. This contest is from the Tenth Congressional district of S. 2641. An act to provide for the removal of floating dangers the State of Pennsylvania, which is composed of the single and to navigation in certain steamship lanes off the Atlantic coast of entire county of Lackawanna, located in the northeastern part of the United States, and for the construction of a suitable vessel to the State. The election was held on the 4th day of November, be used for such purpose by the Navy Department-to the Com 1902. Thereafter, and within the time allowed by law, the re mittee on Interstate and Foreign Commerc~. turns from that district were canvassed and counted by the board S. 3110. An act to provide for the convening of general courts empowered with that duty, and as the result of that canvass Hon. martial at remote naval stations-to the Committee on Naval George Howell. the contestee, was declared to have received Affairs. 13,£00 votes, and in like manner Ron. William Connell, the con S. 127. An act authorizing the joining of Kalorama avenue testant, was declared to have received 13,139 votes, and in pur to the Committee on the District of Columbia. suance of said c~unt and canvass Hon. George Howell received a S. 351. An act for the relief of Joseph B. Sargent-to the Com certificate of election by a plurality of 461 votes. mittee on Claims. The contestant, feeling aggrieved and that he actually received S. 2845. An act to authorize the appointment of Ricardo Iglesias a plurality of the legal votes cast, concluded to contest the elec as a midshipman in the United States Navy-to the Committee on tion with his adversary, and within the time allowed by law :filed Naval Affairs. a notice of contest, consisting of eleven counts or general charges, S. 703. An act setting apart a tract of land to be used as a ceme setting forth with much particularity and definiteness the facts tery by the Independent Order of Odd Fellows of Central City, and allegations on which he proposed to prosecute his case. Those Colo.-to the Committee on the Public Lands. allegations are contained in the record and briefly stated in the S. 2382. An act providing for the resurvey of townships in Routt report of your commit~e, and would not be repeated here exc~pt and Rio Blanco counties, in the State of Colorado-to the Commit to give the Honse some 1dea of the substance of contestant's clarm tee on the Public Lands. and the grounds on which he contends that he and not the con S. 1635. An act for the extension of M street east of Bladens testee was duly elected. burg road, and for other purposes-to the Committee on the Dis The contestant claims in this case that many votes were cast in trict of Columbia. said election for Member of Congress by men who were not regis S. 276. An act to provide for the celebration of the one hun tered and who did not make legal proof of their right to vote at dredth anniversary of the exploration of the Oregon country by said election; by men who were not of the age of 21 years on the Capts. Meriwether Lewis and William Clark in the years 1804, date of said election; by men who were not citizens of the United 1805, and 1806, and for other purposes-to the Committee on In States on the date of said election; by men who had failed to pay dustrial Arts and Expositions. their taxes .in conformity with the requirements of law, and by ENROLLED JOINT RESOLUTION SIGNED. men who were not residents of the election districts in which they Mr. WACHTER, from the Committee on Enrolled Bills, re voted. ported that they had examined and found truly enrolled joint It also charges that there were fraudulent registrations, fraudu resolution of the following title; when the Speaker signed the lent voting on the basis of the same; violations of the law by same: judges, inspectors, and clerks of election districts; substitutions, H. J. Res. 79. Joint resolution for the transportation of Porto duplications, personations; that intimidation was resorted to, Rican teachers to the United States and return. moral and physical; that force, threats, and violence were used; that fraud was practiced by the election officers and other CONTESTED-ELEOTION CASE-cONNELL VS. HOWELL. friends of the contestee, with their connivance and procurement, Mr. DRISCOLL. Mr. Speaker, by direction of the Committee to such an extent as to vitiate the returns in several districts and on Elections No.3, and in pursuance of a notice given last week, that in those districts the law and the duty of the election officers I now; call up for present consideration the contested-election case were openly and flagrantly violated, and that the election returns of William Connell v .. George Howell, from the Tenth Congres were so tainted and permeated with fraud practiced by the elec sional district of Pennsylvania. tion officers and political friends of the contestee as to vitiate the 1784 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9, · returns from those districts and render them absolutely null and several cases from the supreme court of that State construing void. No question was raised by the contestee's counsel but what those statutes. Counsel for the contestee on the argument did the evidence introduced was competent and material Uii.der the not seriously question the law or the construction of it by the notice of contest. Neither is any question raised in the view of courts of Pennsylvania, as claimed by contestant's counsel. I the minority presented to this House. take the liberty of quoting a. few of these sections for the purpose In due time the contestee filed an answer to the notice of con of showing distinctly wherein they were grossly violated by the test which contains a general denial of all the material facts and election officers and others with their consent: allegations set forth in the notice of contest and several charges CONSTITUTIONAL QUALIFICATIONS. of bribery and corruption on the part of the contestant and his Every male citizen 21 years of age, possessing the following qualifications, friends, and other explanations and allegations on which it is shall be entitled to vote at all elections: claimed the contestee was elected. And it may be stated at the I. He shall have been a citizen of the United States at least one month. IT. He shall have resided in the State one year (or if, having previously outset that none of the charges of bribery and corruption alleged been a qualified elector or native-born citizen of the State~,~e shall have re in contestee's answer are sustained by the evidence. None were moved therefrom and returned, then six months) immeaiately preceding claimed to have been established on the argument before this the election. . ill. He shall have resided in the election district where he shall offer t-o committee, and no claim to that effect is made in the views of the vote at least two months immediately preceding the election. minority. It appears that early in the hearings this part of the IV. If 22 years of age or upward he shall have paid, within two years, a contestee's case was abandoned. State or county tax, which shall have been assessed at least two months, On this notice of contest and answer, which are the pleadings and paid at least one month before the election. (Art. vrn, sec. 1, Consti tution. January 11 1874.) in this case, the parties proceeded to take the evidence. About All laws regulating the holding of elections by the citizens or for the regis 6,500 witnesses were sworn on the part of the contestant, and tration of electors shall be uniform throughout the State. (Art. Vill, sec. 7, about 300 witnesses on the part of the contestee. Their evidence, Constitution. January 1, 1874.) with the exhibits, is contained in these nine books of fair dimen ELECTION LAWS OF THE STATE OF PE~NSYLV.A..NL\.. For the purpose of making the original annual assessment and registra sions, and also in these four volumes of fine printed matter, con tion of voters in each of the elect1on districts of this Commonwealth, it shall sisting of 3.824 pages. In due time the contestant filed and served be the duty of each of the assessors who are required to perform any of the a brief consisting of 456 pages, setting forth definitely the names duties incident to the holding of elections and the registration of voters in the different election districts of this Commonwealth to visit in pers:m each of the men who it is claimed were illegal voters and who cast and every dwelling house in his district on the first Monday in May and the their votes for the contestee, with the evidence in each case relied first Monday of December of each year. or as soon thereafter as may be possi on to sustain that contention. It also contains extracts of evi ble and practicable. where all of said dwelling houses can not be Jl~l"e.onally visited by him on the said first Monday of May and on the first Monday of dence of quite a large amount which it is claimed is particularly December, and to make a list, in a book prepared for that purpose by the pertinent to the questions involved. cotmty commissioners, of all qualified electors that he shall find, upon care The contestee filed a brief of 101 pages, setting forth his views ful and diligent inquiry\ to be bona fide residents of his district, together with the date when such dwelling house was visited by the assessor, entering them of the law and the facts and the reasons why, in his judgment, in such book in the order of which such dwelling houses are visited; and the he should retain his seat. Thereafter the contestant filed and qualified electors in each dwelling house being grouped together, and if in a served a brief in reply, consisting of 84 pages. The counsel on city or town the names of the qualified electors sbe.ll be grouped together by both sides were given a11 the time they desired in the argument streets, alleys, or courts, and the persons so found to be qualified electors shall forthwith be assessed; the assessor shall, in all cases~ personally ascer before the committee, which lasted for a whole week, the time tain by careful and diligent inquiry of the voter or some Known reSident of being about equally divided. Additional typewritten briefs were the election district in which the >oter claims the right to vote, upon what grounds each person so assessed claims to be a legally qualified voter. (Act ot served on the committee. The examination of this evidence and May 29, 1891, sec.1, P. L., 134.) · these exhibits and the consideration of these briefs and the author It shall be the duty of said assessor to make a copy of said original list, ities therein cited was the task submitted to this committee. We with the observations and explanations required to be noted a-s aforesaid, to be made out as soon as practicable. It shall be his duty on or prior to the have given them much time and study and careful deliberation, fourth Monday of May and on or prior to the second Monday of December considering the amount of evidence and number of questions in in each year to place a copy on the door of or on the house where the elec.: volved. tion of the respective district is reguired to be held, and retain the original list in his possession for the inspection, free of charge, of any person resident We felt that it would be impossible for the Members of this in the said election district who shall desire to see the same; and it shall be House to examine the record and the briefs in this case, and we the duty of the said asseEsor to assess, from time to time, on the personal ap have therefore honestly striven to divest ourselves of all partisan plication of anyone claiming the right to vote, the name of such claimant, and spirit and party consideration, to the end that we may present markopposit3 the name "C. V.t" andimmediatelyassesshim.,noting.as in all other cases, his occupation, residence, the date of his assessment, whether a a fair and just report and conclusion, based only on the merits of boarder or housekee:per; if a boarder, with whom he boards, and whether this case and on the evidence as contained in the record. A naturalized or designmg to be, marking in all cases opposite the name the seat in this House is a distinguished honor and of much concern letter "N. " "D.," or "I. N ., " as the case may be. If the person claiming to be assessed be naturalized he shall exhibit to the assessor his certificate of to the individual, but of more importance is it to the several dis naturalization; and if he ck:ims that he designs to be naturalized before the tricts in this country that they be represented only by men who next ensuing election, he shall exhibit the certificate of his declaration of in tention, if such previous d~claration is required by the laws of the United are fairly a.nd honestly elected. States. (Act of May 16, 189o, sec. 2, P. L., 77.) · BOROUGH OF DUNMORE. After the assessments have been completed on the sixty-first day before the third Tuesday of February, and on the sixty-first day before the Tuesday Contestant vigorously attacked the returns from the first and next following the first Monday of November in 63ch year, the assessor shall second districts of the First Ward, the second district of the Sec on the following day make a return to the count:v commissioners of the "original registry list" thus revised and completed, and two exact copies ond Ward, the third district of the Third Ward, and tlie fu·st thereof and the co1mty commissioners shall thereupon proceed to make out district of the Sixth Ward, all of the borough of Dunmore, for a compiete list, in alphabetical order, of all persons so returned as taxables fraud, and for the reason that after the contest was commenced in said election district, and furnish the same, to~ether with the necess.'try election blanks, to the officers of the election district on or before 7 o'clock in and when contestant was endeavoring to impound the ballots, the morning of election, and no man shall be permitted to vote at the election that they might be preserved for inspection, the ballots from those on that day whose name is not on said list un.less he shall make proof of his districts were so mutilated by being water-soaked as to be unde right to vote as hereinbefore requil·ed. (Act of May 16, 1895, sec. 3, P. L., 76.) On the day of election any person whose name shall not appear on the reg cipherable. It was claimed that this was done in the interest of istry of voters, and who claims the right to vot e at said election, shall pro the contestee, for the purpose of covering and concealing fraud duce a.t least one qualified vote1· of the district as a witness to the residence of perpetrated by the election officers. the claimant in the district in which he claims to be a voter, for the period of at least two months immediately preceding said election, wllich witness Your committee finds that the destruction of those ballots, un shall ba sworn or affirmed, and subscribe a written or partly written and der the circumstances revealed by the evidence, is not free from partly printed affidant to the facts stated by him, which affidavit shall de suspicion. but it does not find sufficient evidence to establish fraud fine clearly where the residence is of the person so claiming to be a voter; and the person so claiming the right t<> vote shall also take and subscribe a. on the part of the election officers or to charge the contestee with written or partly written and partly printed affidavit, stating, to the best of personal responsibility for the destruction of the ballots. It there his knowledge and belief, when and where he was born; tllat he has been a. fore declined to interfere with the returns from those several citizen of the United States one month, and of the Commonwealth of Penn sylvania; that he has resided in the Commonwealth one year, or if formerly districts. a qualified elector or a native-born citizen thereof, and has removed tllere Contestant also attacked the returns from the Second and Third from and returned, that he has resided therein six mont.hs next prece'ding wards of Winton and the first district of the borough of Old Eaid election; that he has resided in the
father's naturalization, and shall further state in his affidavit that he is, at far as they are applicable to the facts in this case. There are in the time of ma.king the affidavit, of the age of 21 and under 22 years; that he has been a citizen of the United States one month, and has resided in the the county of Lackawanna a board of county commissioners. I State one year; or, if a native-born citizen of the State and removed there understand that they are a bipartisan or a nonpartisan board. from and returned, that he ha.s resided six months next preceding said elec There is also in each election district an assessor, who is called an tion and in the election district two months immediately preceding such election, he shall be entitled to vote, although he shall have not paid taxes. "election assessor." On the first Monday in May he visits every The said affidavits of all persons making such claims and the affidavits of dwelling house in his election district. He takes down all the the witnesses to their residence shall be preserved by the election board, names of the male residents of legal age.. He has a book some and at the close of the election they shall be inclosed with the list of voters, tally list, and other papers required by law to be filed by the return judge thing like this [exhibiting], in which he inserts the name of the with the prothonotary, and shall remain on file therewith, in the prothono person. If he is a qualified voter. he writes opposite his name'' V.,'' tal'Y'S office, subject to examination as other election papers are. * • • that he is a voter. If he is a naturalized citizen, he writes "N." (Act of January 00, 1874, sec. 10, P. L. 35.) opposite his name. If of foreign birth and has taken out his first A certificate of election is prima facie evidence of title to a seat. papers. he writes opposite his name" I. N.," meaning he has de A contestant has the burden of proof. He must show by a fair clared his intention. preponderance of evidence that the certificate is not a correct ex Mr. JOHNSON. "D. I." pression of the legal voters of the district, and that he, and not Mr. DRISCOLL. Not in here. the contestee, is, on the facts and the law, entitled to it. Mr. JOHNSON. The statute says declaration of intention. .· In the proceedings, the taking of evidence and the presentation Mr. DRISCOLL. "I. N.," as it is in this book. of this case to the committee, contestant assumed that burden. Mr. PALMER. It is" I. N." in the statute. Several precincts or districts were attacked on the ground that Mr. McL.AIN. That is, "I. N." where he intended to declare, the elections were conducted in such a reckless and lawless man and'· D. I." when he had declared. ner, that the whole proceedings were so permeated by fraud, as Mr. DRISCOLL. "I. N.," he intended to become naturalized. to render the returns from those districts null and void. Individ Now, within sixty days before the election the election asses ual votes were attacked on the ground that the men who cast sor returns this book to the county commissioners, and they take them were not legally qualified voters under the requirements of up this book and arrange the names in alphabetical order. and the law of th , State of Pennsylvania. they retain the designations of "V." "D. I.," and "I. N.," indi I will say that in the view of the minority the legal proposi cating the legal status of the man opposite his name. On or be tions contained in the report of the committee are not questioned, fore the day of election the county commissioners are required to and therefore it may be assumed that the minority concede the deliver to the election officers of each election precinct a copy of statement of law and construction of the law in the majority re thii book where the names are alphabetically arranged, and that port to be correct. book is for the use of the election officers on the day of election. Mr. RANDELL of Texas. I understood the gentleman to say Now, in addition to the statutes, I will read a section or a part that we of the minority conceded something. I con' d not under of the oath of the election officers, because the election inspectors stand just what he said and I will ask him please to state it. and the judges of election are required to take an oath before they Mr. DRISCOLL. I simply said that in your report yon raised commence their duties on the morning of the election, and the sub no question as to the legal proposition contained in the report of stance of the oath of the election inspector is as follows: the committee, and I therefore assumed that yon believed that I will not receive any ticket or vote from any person other than such as I the law as stated in that report and the constructions of the law firml¥ believe to be, according to the provisions of the constitution and laws of this Commonwealth, entitled to vote at such election without requiring as stated in that report were correct. Am I right? such evidence of the right to vote as is directed by la.w. · . Mr. RANDELL of Texas. I will state to the gentleman that the law flS stated in the report is not correct, but, so far as I am The oath taken by the judge of election contains this statement: I will not give my consent that any vote or ticket shall be received from concerned, it was not discovered to be incorrect until after the mi any person other than such as I firmly believe to be, according to the consti nority report was written. I supposed you had quoted the law tution and laws of this Commopwea.lth, entitled to vote at such election with correctly. out requiring such evidence of the right to vote as is directed by law, etc. · Mr. DRISCOLL. Do yon mean that the law is not correctly This book, alphabetically arranged, is before the election offi stated? cers. The law ~ays that no man shall be permitted to vote at the Mr. RANDELL of Texas. It is not a correct statement of the election on that day whose name is not on said list unless he shall law of Pennsylvania. That is what I mean. make proof of his right to vote, as required by law. In other Mr. DRISCOLL. Do yon mean it is simply a typographical words, these election officers shall not let any man vote, no mat error? If so, I shall not raise any question as to a typographical ter who he is, high or low, unless his name appears on the list as error. a qualified voter. Mr. RANDELL of Texas. No; I do not refer to a typographical Now, what do they do? When a man goes into the election error at all. booth there are inspectors, there are clerks, there is a judge in :Mr. JOHNSON. Mr. Speaker, the statute as set out by the charge of the election. That man's name is called out aloud. majority of the committee was assumed to be correct, but since The election clerks are supposed to look over their lists and see if the filing of the majority report and the views of the minoritywe that man's name appears on tho ~: e lists as a qualified voter. If it have found that one of the statutes set out in the report has been noes so appear, he is given a ticket-a ballot-can go into the repealed or very mate-rially amended, but I do not think that it booth and mark it and vote; and he may be challenged, and if makes much difference in the consideration of this case. That is challenged he is required to qualify himself by oath, but if he is all. not challenged and if his name appears on the book as a qualified Mr. DRISCOLL. As to that I can only say that these statutes voter he may vote. If his name does not appear on that list, he were read by counsel on both sides before the committee, back shall not be allowed to vote, unless what? Unless he swears iii and forth, for a week, and nobody questioned but what the stat an affidavit stating all the facts necessary to show that he is a utes set forth in this report are now the laws of the State of Penn legal and qualified voter of the State and county and that par sylvania, and this is the first suggestion on the part of anybody ticular district. against our contention, and the first claim by anyone that .these Now, in this district these election officers, with this book be are not the existing laws of the State of Pennsylvania. fore them, allowed a large number of men to go in there and Mr. JOHNSON. I hope the gentleman will not misunderstand vote whose names were not on the list. me. I do not think that any blame attaches to the majority of Contestee, in his brief and in the argument on the brief before the committee. I do not think that the amendment I refer to is our committee. claimed there were 83 such votes cast. Contes very material in the case. tee's counsel, Mr. Ballantine, in the presence of contestee and in Mr. DRISCOLL. I wish yon would state it now if it is ma the presence of our committee, admitted that 50 such votes were terial. cast and received without any affidavits. Mr. JOHNSON. It is in your report, quoting from the laws of Mr. BUTLER of Pennsylvania. Without being registered? Pennsylvania, providing that the registry officers shall before the Mr. DRISCOLL. Without being registered and without any election make two alphabetical lists of the registered voters and affidavits; and cont ~ stee's counsel, at page 18 of their brief, say furnish them to the managers of elections. In 1895, I think it is- that there were no affidavits taken in that district because there 1 can have the statute here-the legislature of Pennsylvania were no unregistered votes. although the record shows there amended that section by striking out all of it and substituting were from 50 to 83 unregistered votes. other language, and providing that one copy of the registry list Mr. BENNY. Mr. Speaker- should be furnished to the election officers. The SPEAKER. Does the gentleman yield? Mr. DRISCOLL. Well, to my notion now, only one copy was Mr. DRISCOLL. Certainly. supposed to be furnished by the county commissioners to the offi Mr. BENNY. Were these fifty men whose votes were received cers of election. I have treated the case on that theory. entitled to vote if they had their names placed on the list? What Mr. JOHNSON. I stated that I did not think it was very ma I mean is, were they legal voters or voters in that precinct? ~erial. Mr. DRISCOLL. So far as it appears, they were not legal Mr. DRISCOLL. And I will refer briefly to those statutes so voters. In other words, they were prima facie, not legal, voters. 1786 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9,
No man is a legal vDter unless his name ~ppears on this book a Mr. DRISCOLL. As I said a minute ago, I anticipated the qualified l~al 'VDter and so far as we lmow they have not been in question the gentleman has asked me by saying that the people the country three m-onths or they might have been brought aero s moved out of this district in droves during the time of the strike the border that morning. They were simply voted. Their and had not moved back, and because they had not moved back names were not on the list. They were not reqnired to make there were -other men brought in and substituted for them and affidavits to qualify them to vote. The laws were grossly vio voted in their places. lated by these election officers by taking all these votes and re- Mr. THAYER. Is it not a fact that this is made known to your quiring no affidavit and-- . mind simply because 'a few men went out around there in that Mr. BENNY. Was there anything in the case to show the borough and were unable to find the men whose names were on election board knew these fifty men to be bona fide residents there the voting list as living there? I.sn 't it a fact that it is mere hear who had voted at some other election? say of fathers and brothers and-- Mr. DRISCOLL. There is nothing. in the record to show that :Mr. DRISCOLL. M.r. Speaker, I object to the gentleman mak- they knew or did not know. Their sworn obligation w.asnotto take ing a speech in my time~ any vote from a man unless his nam-e was on the list as a voter, Mr. THAYER. I am asking a question. and when they took those votes from these fifty or eighty-three Mr. DRISCOLL. I will answer that question by and by. men whDse names were not on the list as voters they violated Mr. THAYER. Will you answer the que tion now? their oaths and the law every time. Mr. LITTLEFIELD. May I ask the gentleman a question? Mr. BENNY. Was there anything to indicate anywhere in Mr. DRISCOLL. Yes. that ease how those fifty men voted-whether for Connell or for Mr. LITTLEFIELD. Does the law require the affidavit of Howell? which you speak ~ be filed with the county clerk? Mr. DRISCOLL. · Well, that will ooriie up by and by. Mr. DRISCOLL. It requires it to be filed with the prothono In addition to that: In Wmton both the Second and Third wards tary with the election returns. are populated largely by foreigners, by Slavs, Huns, Poles, and Now, in addition to what I say, the election officers did that Italians, and that was the season of the great E-trike in the anthra which was unlawful. In the Second Ward of Winton they added cite mines, and those people were largely miners or helpers, and about fifty names, not to the polling list, but to the registry list they were moving around all the time. The strike had been on, whleh was sent them by the county commissioners. They had and there was very much moving out from
· Mr. THAYER. Did he not swear that there were none on file? are not on the list. If the name is on the list and the man will Will the gentleman say that he swore none were taken? show his proper papers, he will be entitled to vote, and when the Mr. DRISCOLL. Yes; that is what he said, as I understand election officer certifies that he did vote the presumption is that it, that no affidavits were taken. he had complied with the law. Mr. THAYER. I think the gentleman is mistaken. Mr. DRISCOLL. I am not sure, but if he obtained and showed Mr. DRISCOLL. Well, I will not claim that I may not be hissecondpapersthatmightqualifyhimwithoutanythingfurther. mistaken in my t·ecollection of what this.record of several thou Mr. PALMER. It does not. sand pages shows. I will not claim that I may not be mistaken Mr. DRISCOLL. I think he must do something further. He about anything, but that is my recollection of it, and I am giving must qualify himself by showing that he has paid the State and it as I honestly believe it to be. county tax as required by statute. Mr. JOHNSON. Mr. Speaker, Mr. Conry did make that state Mr. PALI\IER. And that he has resided in the district. ment, that no affidavits were taken, because ·nobody was allowed Mr. DRISCOLL. Yes; that he had resided in the district a cer to vote who was not registered. Therefore no affidavits were tain length of time. If the man has simply declared his intention needed. he may be entitled to vote, but before he can do so he must be Mr. DRISCOLL. Then, Mr. Speaker, I wish to call the atten taxed as a voter and he must show that he has paid his tax. tion of the gentleman from Massachusetts [Mr. THAYER] and the Mr. RANDELL of Texas. I do not wish to take up the gentle Members of the House to the fact that I was correct in making man's time, but it may save time for me to say that our position is the statement which I made, that Mr. Conry swore on the stand that the man stands in the same attitude with any other whose that no affidavits were taken from anybody in the Third Ward of name is on the list. An examination of the statute will show that Winton, and the gentleman from South Carolina [Mr. JoHNSON] the assessor makes no difference as to whether the man has de corroborates what I say. · clared his intention or has become a citizen, provided his name is Mr. SHULL. MI-. Speaker, I wish to ask the gentleman a ques- on the list. tion. Mr. DRISCOLL. Mr. Speaker, I must now decline to yield The SPEAKER. Does the gentleman yield? any further, because I wish to retain a part of my time until to Mr. DRISCOLL. Yes. morrow; and I have taken up more time in opening this case than Mr. SHULL. Does the gentleman say that the laws of Penn I intended to do. · sylvania prescribe that a voter behind whose name appears the I wish now to state a few things which were done or permitted letters "D. I." or "I. N." is required to make an affidavit before to be done by the election officers in the Third Ward of Winton, he is permitted to vote? to show how they conducted matters. For instance, Marian Domi Mr. DRISCOLL. Yes. nick (p. 977) swears that he is an Italian, not naturalized; that Mr. CASSEL. Unless the voter vresents his certificate. he met Henry Lawlor, an election officer and friend of the con Mr. DRISCOLL. Yes; they must qualify themselves by affi testee, and he says that Lawlor called him and asked him to come davit, and by their certificate of naturalization in addition if re in and vote; he said he couldn't vote, and Lawlor said, " Go in quired. In other words, when the name is taken down in the anyway;'' that he went in and voted, and Lawlor marked his ballot. spring he is not a legally qualified voter. He may become a Paul Marriot (p. 1001) says that he is an Italian, not a voter, legally qualified voter between that time and the election time in and was called by the big Lally boy (a friend of the contestee) November. If so, he must show he has qualified himself by affi and the following conversation occurred: davit. He asked me on the street; I stood on the street and he said: " Come in ·Mr. SHULL. I simply desire to ask the gentleman this ques and vote." I said: "I can't vote; I got no citizen papers; I not a citizen my self." And he said: •• That is all right; everybody votes this year." And he tion, as to whether the laws of Pennsylvania prescribe that he said: "Go in and vote." And I voted because he told me to. I had no paper. must make an affidavit before he is permitted to vote? Mr. DRISCOLL. Yes. Pesan Bastania (pp. 1016-1017) swears that he is an Italian, not Mr. THAYER. Mr. Speaker, may I interrupt the gentleman naturalized and not qualified to vote. But five or six people once more? · pulled him into the booth and said: "Go on; go on.". And he The SPEAKER. Does the gentleman yield to the gentleman went in and voted. from Massachusetts? Louis Neri (p. 1024) says that he is an Italian, not naturalized, Mr. DRISCOLL. Yes. paid no taxes, but he was hanging around the polls and voted. Mr. THAYER. I get my information from the report of the He gives evidence as follows: majority, page 7, in which it states as follows: Q. Who took you in to vote?-A. Nobody. Why, Iwasgoingfora. growler of beer, and a fellow met me on the street and he said "Did you vote?'' and ColWONWEALTH OF PENNSYLVANI~ County of Lackawanna, ss: I said, "No;" and he said, "Go on in there and vote;" and I went in there, L JohnS. Cmnmings, prothonotary of said ·county of Lackawanna in said and he marked the card for me and gave it to me: and he s.~id, "Put it in Commonwealth- there;" and I put it in. Mr. DRISCOLL. Mr. Speaker,Iobject to any further reading Gentlemen who will follow me will show that this is only a of that in my time. sample of what was done by wholesale in that district and per Mr. PALMER. That is a forged certificate. mitted by these election officers. Mr. DRISCOLL. That is not in this district. But now, gentlemen, who got the benefit of these illegal votes? Mr. THAYER. I did not say anything about any particular Was it Mr. Connell or was it Mr. Howell? Why, sir, Mr. Con district. nell's name was on the" ballot-reform'' ticket and also on the Mr. DRISCOLL. I am talking about the third district. straight Republican ticket. Mr. Howell's name was on the anti . Mr. THAYER. The gentleman is talking about something machine ticket. Mr. Howell received 155 votes on the antima that I am not talking about. I want to set the gentleman right. chine column; Mr. Connell, 24 votes on the" ballot-reform" col Mr. DRISCOLL. The gentleman from Massachusetts is talk umn, but not one vote on the Republican column-not one. ing about something that I am not ta.lk:ing about, and I insist Now I if those election officers-inspectors' clerks, judges, watch upon having the floor. ers-were there as Republicans, they did not vote the Republican Mr. THAYER. But I wish to correct the gentleman. ticket; and if they did not vote the Republican ticket it is fair to Mr. DRISCOLL. Mr. Speaker, I object to any more interrup say that they were not very strenuous in the protection of Repub tion from the gentleman from Massachusetts [Mr. THAYER]. lican interests. Mr. THAYER. The gentleman objects to being corrected on Mr. JOHNSON. I should like to know whether it is not the his own report. fact that Mr. Connell got more votes at that precinct than Mr. Mr. RANDELL of Texas. Will the gentleman yield? McKinley? The SPEAKER. Does the gentleman from New York yield to 1\fr. DRISCOLL. I do not know as to that. It was claimed on the gentleman from Texas? the hearing that Mr. McKinley got so many votes; it was also Mr. DRISCOLL. I do. claimed that at the next election, when the law was enforced, aRe Mr. RANDELL of Texas. In order to understand the positio~, publican was elected in that district. Those facts are not in the and that the House may understand it, I wish to know if I am record, as I understand, and are not material or admissible in this correct in my understanding the gentlemen from New York [Mr. hearing. DRISCOLL] to say that where a voter's name is on the list with Mr. CASSEL. My colleague will allow me to say that the the letters" D. I.," showing he had declared his intention of be "ballot-reform" ticket was a full Democratic ticket with the ex coming a citizen, he has to make an affidavit before he is qualified ception of Mr. Connell's name; consequently all the votes cast at to vote, in order to vote legally? that election were cast for the Democratic candidates for county Mr. DRISCOLL. Why, certainly; yes, he has. officers and governor, and all the other officers with the exception Mr. RANDELL of Texas. I think the gentleman will find that of Mr. Connell and one candidate for judge. I repeat that the the law is that he does not have to make an affidavit. "ballot-reform" ticket was a full Democratic ticket with the ex Mr. DRISOOLL. He will have to show his naturalization ception of Mr. Connell's name. papers. Mr. LITTLEFIELD. I should like to inquire of the chairman Mr. RANDELL of Texas. Then it is only those whose names of the committee whether the committee agree to the assertion I 1788 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9, - am about to read from the views of the minority, page 2. I know tained in the returns from that district it is a fair presumption nothing about the matter myself; I am simply asking the chair that no such affidavits were filed by the election officers. man to explain the facts as they exist. I read from the minority :M:r. YOUNG. Will the gentleman permit a question? report: Mr. DRISCOLL. Yes. In this :particul11.r case, however, even if there were as many illegal votes Mr. YOUNG. Whose duty was it to file these affidavits with as the maJority allege, and all of them should be deducted from the contestee, the prothonotary-the election board? he would still have a majority. Mr. DRISCOLL. The election boards-the election officers. Do the committee agree that that states the matter correctly? Mr. JOHNSON. In reference to the certificate which purports Mr. DRISCOLL and others. No. to show that, there is no evidence on file as to the time it was Mr. LITTLEFIELD. Will the gentleman then explain that made. matter? Mr. DRISCOLL. I wish you would argue that in your own Mr. DRISCOLL. I can not do so now, because I want to goon time. with the point I am discussing, but that will be explained later. Mr. JOHNSON. I just simply wished to ask that as a question. I want to say that in this district there were no people repre Mr. DRISCOLL. I wish you would argue that in your own senting the Republican party. The bars were thrown down; the time. friends of Mr. Howell went out and drummed up from the high - Again, when the contestant proved that 158 men had voted from ways and byways the fellows who were working the" growlers," whom no affidavits were taken, it was incumbent on the contestee and everybody else, naturalized or not; they rounded them up or his counsel, when their turn came. to show if they could that and corralled them, and ran them in and voted them. Mr. Howell the election officers attempted to discharge their duty by taking got the benefit, I claim, of such conduct on the part of these offi and filing some affidavits. This they failed to do, and the conclu· cers; and no reliance can be placed on the return. It is permeated sion is therefore justified that no affidavits were taken. But that through and through with fraud and ought to be thrown out. is not all. No dependence can be placed on the action of the judges who According to the evidence abqut ten persons voted at that elec· permitted such performances. tion in that district whose names did not appear on the voting list OLD FORGE, FIRST DISTRICT. as returned by the election officers, and about eight per.:ons were The performances on the part of the election officers in this dis permitted to vote opposite whose names the letters "D. I." ap trict capped the clim.ax for carelessness, crookedness, and defiance peared on the registry list without filing affidavits, in conformity of the law and their sworn obligations. Contestant's counsel with the law, in proof of their right to vote. In this district a claimed on the argument that there were 158 votes cast by per very large majority of the people are of foreign birth. Many of sons whose names did not appear on the registry list and from them are Poles. Frank Conowsky was a Pole, a Republican, whom no affidavits were taken in proof of their right to vote. and a ward leader among his people. The Pennsylvania law pro Those names are set forth in their brief. The counsel of the con vides for watchers at elections. It says: testee in his presence admitted 90, and the contestee himself is an On the petition of five or more citizens of any election district, setting forth the fact that the appointment of overseers is a reasonable precaution to attorney of record of the State of Pennsylvania. And such an secure the purity and fairness of the election in said district, it shall be the admission as that ought to be of some weight with the Members duty of the court of common pleas of the proper county, all the law judges of this House. of the said c~.mrt ~ble to ~c_t at the time co!lcur.rms, toappo~ttwo ju~cious, sober, and mtelligent Citizens of the ·sa1d district, belongmg to different Mr. JOHNSON. Daes notthegentlemanknowthatMr. Green, political parties, overseers of election to supervise the proceedings of elec one of the counsel in the case, emphatically denied that state tion officers thereof, and to make report of the same as they may be required ment? by the court. (Act January 00, 1874. Sec. 4 P. L., 33.) - Each party which has by its primary meeting, caucus, convention, or Mr. DRISCOLL. I do not think he was the leading cotmsel, board sent to the proper officer a certificate of nomination, and each group and I do not think the gentleman from South Carolina will say of citizens which has sent to the proper officer a nomination paper as pro he was the leading counsel. vided in sections 2 and 3 of this act, shall be allowed to appoint three electors Mr. JOHNSON. Did he dispute thqt evidence? to act as watchers in each voting place, without e~nse to the county, one of whom shall be allowed to rema~ in the r~m OUtside Of the inclosed space. Mr. DRISCOLL. He did afterwards. He disputed almost Each watcher shall be proVIded with a. certificate from the county commis everything that was stated by his associate and the opposing sioners stating his name, the names of the persons who have appointed him, and the party or policy he represents; and no party or policy shall be repre counsel, and I do not think he understood the case very well him sented by more than one watcher in the sa.me voting room at any one time. self. and I think the gentleman from South Carolina will agree Watchers shall be required to show their certificates when requested to do with me in this regard. so. (Act of June 10,1893, sec. 23, P. L., 419.) A registry list, alphabetically arranged, was on the table in the Frank Conowsky was a regularly appointed watcher and had presence of those officers. When a man came in to vote it was his certificate. During the early part of the day he was per their duty to look at the list, and if that man's name was not mitted to go inside the rail, mark ballots for those who were in there to require an affidavit in proof of his right to vote. Yet it competent, and assist in the election. But during the day one is claimed that that duty was violated 158 times, and 90 of such Mr. Bonner, an attorney and friend of the contestee, called him violations are admitted. The certificate of the prothonotary of and asked him who he represented. He said the Republican Lackawanna County established the fact that no affidavits were party. Bonner told him that unless he supported the Democratic taken, showing that the election officers paid no attention to the party and Howell he would expose Conowsky's friend, Frank elementary requirements of the law on their part. The following Appel. Conowsky refused, saying he was a Republican and would is a copy of that certificate: stand by the party. After that he was refused further admis· COMMONW"EALTB OF Pl!:YNSYLV.A.NI.A., sian in the booth and prevented from marking other ballots for County of Lackatcanna, ss: his friends, although they continued to demand his assistance. I, John F. Cummings, prothonotary of said county of Lackawanna, in said Commonwealth, do hereby certify that among the r eturns of the election Mr. JOHNSON. Will the gentleman yield? held in the said county of La<:kawanna. on the 4th day of November, A. D. Mr: DRISCOLL. Yes. 1902, which returns are now on file in my office pursuant to law, it appears that one affidavit only was filed from the first district of Old Forge borough, Mr. JOHNSON. Does my friend mean to tell this House that in said county, which affidavit is the oath of office taken by the election offi because some man out on the election ground approaches a voter cers, and that no affidavit of any voter was filed from said district. and asks him to vote for a certain candidate and he refuses to do In witness whereof I have hereunto set my hand, and have affixed the seal of court of common pleas of the said county of Lackawanna, at the city of it, and then this man conveys a threat to expose one of his friends Scranton, in the said county, this 12th day of January, A . D . 1001. who does not vote that way, that that amounts to intimidation? JOHN F. CUMMINGS, :M:r. DRISCOLL. I mean to say this- Prothonotan.J of Lackatcanna County. Mr. JOHNSON. And do you not find as a fact that Frank In the views of the minority, a copy of this certificate is in Conowsky did vote for William Connell? Is not that one of the serted in their remarks on the Second Ward of Winton by mis aliunde facts put down by you? take. It is claimed that this certificate means nothing, yet it Mr. DRISCOLL. Why, I do not question that. states distinctly that- Mr. JOHNSON. Then he did not intimidate him. One affidavit only was filed from the first district of Old Forge borough, in Mr. DRISCOLL. The gentleman can refer to that in his own said county, which affidavit is the oath of office taken by the election officers, time. The point I am making is that he was met by Mr. Bonner, and that no affidavit of any voter was filed from said district. he was asked to support Howell, he was told if he did not support If several affidavits were filed, how could he truthfully state Howell that his friend Appell would be exposed; that he refused that there was only one? If he certified to a copy of all there to support Howell and said he would stand by the Republican turns from that district it would show only one affidavit, namely, party. Thereafter the election officers, who were all Democrats, the oath of the election officers. Our opponents speak of pre threw him out, and would not let him mark any more tickets for sumptions, etc., and suggest that if the certificate states that no his friends, showing that Bonner conveyed that knowledge to the affidavits are on file now it does not establish the fact that they election officers and they acted upon it. That is the point I am never have been on file. In answer we say it is a fair presump making. tion that the prothonotary properly performs his duty in protect Now, you can raise the screen and see how things were done in ing the files in his office. And if no affidavits of voters are con- that first district of Old Forge. The judge of election was an 1904. CONGRESSIONAL RECORD-HOUSE. 1789
elderly gentleman named Michael McGowan. The inspector duly out, and I believe you will, that will leave Mi·. Howell a plurality chosen was a fellow named Tooley. Mr. McGowan was informed of only 8. the night before election that Tooley could not act as inspector the If that is tn1e, neither my friend from South Carolina [Mr. next day, so the next morning Michael McGowan and P. F. Coyne, JoiL~so~], my friend from Texas [Mr. RANDELL], nor my friend a Democrat, put their heads together and concluded there was from Mississippi [Mr. MoLAL~] will claim that Mr. Howell was nobody there that they could take who was satisfactory, and they elected, be~ause they will not question-- sent for Michael Cafferty, whowas some distance away. Michael The SPEAKER. The time of the gentleman has expired. Cafferty ca • e. He was not on the registry list, he was not a quali Mr. HOWELL of Pennsylvania. Will the gentleman yield to fied voter, yet they allowed him to vote without an affidavit show a question? I understand the gentleman from New York- ing his right to vote, as required by law. What next? John Mc The SPEAKER. The Chair, in conformity to the usual custom, Gowan was a son of Michael 1\fcGowan, and he was a constable. has notified the gentleman that his hour has expired. McAndrew, a devoted friend of the contestee, was deputy con Mr. DRISCOLL. I will not speak any longer, because I want stable; McKenna, another friend of the contestee, was chief of a few minutes to-morrow. police. There was no row or trouble in that district, and yet all :Mr. HOWELL of Pennsylvania. Will the gentleman allow me these people-Tooley, Coyne, McKenna, McCafferty, Michael Mc to ask him a question? Ewen, John McGowan, and Mc~tilldrew-were all there bulldoz Mr. DRISCOLL. If it is charged to your time. ing thosg Pollacks, shutting them out, not allowing Conowsky to 1\Ir. HOWELL of Pennsylvania. I mean that it shall be charged mark the ballots for his friends, and acting in violation of every to my time. I understand you to say .that the registry books that provision of the election law. They were strong partisans. Mc you have been calling attention to were in the hands of the elec Gowan said, I belie-ve, he was a Howellite, first, last, and all the tion officers. Did you not say that, and do you not desire to have time. The bars were thrown down. They did everything in the House believe that those registration books have been in the their power to direct the voters their way and let every Howell hands of the election officers? vote in without obsb:uction. Mr. DRISCOLL. There is- I simply say that that vote, the return of these election officers, Mr. HOWELL of Pennsylvania. Say yes or no. does not import verity; that it is entitled to no credit; it should Mr. DRISCOLL. I will not say yes or DJJ. I will say what I be thrown out. The ballot can not be purged, because you do please, if you please. · · · not know where to commence or determine what is honest and Mr. HOWELL of Pennsylvania. I have asked yon the direct right and what is dishonest and illegal, and therefore the only question. possible and reasonable thing is to throw out the whole poll. Mr. DRISCOLL. I am not on the witness stand. Th"se are Mr. BENNY. Will the gentleman allow me to ask him a ques- supposed to be certified copies of books which were in the hands &~ . of the election officers. With reference to the Third Ward of The SPEAKER. Does the gentleman yield? · · Winton. the list is not alphabetically arranged. I meant to Mr. DRISCOLL. Ihavegotprettynearlythrough, andiwould state that in my remarks, but forgot it. Now, with reference to rather not yield. that, I a.m not sure whether that is a certified copy of the registry The SPEAKER. The gentleman declines to yield. list or a certified copy of the assessor's list which got in her, by Mr. DRISCOLL. We have cited in our report many authori mistake. At any rate, it is not alphabetically arranged. How ties on this question, and I have cited some in my remarks here, ever. that does not excuse the election officers for not examining and I will ask to have extended in the RECORD some more authori the list and allowing any person to -vote except those who ap ties on the same proposition. There is an abundance of authority peared on it as qualified voters. showing it is the duty of the committee, and it is the duty of the Mr. HOWELL of Pennsylvania. You stated in the majority House, where such gross frauds are perpetrated as were shown report that that book was once in the hands of the election officers. by the evidence here and where the whole returns are permeated You can determine the truth of this statement in your own time, and tainted with fraud, to throw them out and let the several and if the county commissioners of Lackawanna County say that parties prove their votes aliunde. that book there was ever in the hands of the election officers I In 1864, in the contested-election case of Knox v. Blair, Thirty will move to seat the contestant. eighth Congress, Mr. Henry L. Dawes, who submitted the major Mr. DRISCOLL. Where do we say that in our report? ity and prevailing rep:)rt in a contested-election case where the Mr. HOWELL of Pennsylvania. On page 6. question of fraud was involved, said: :Mr. DRISCOLL. Wh1t part? When the result in any precinct has been shown to be "so tainted with Mr. HOWELL of Pennsylvania. On the top. fraud that the truth can not be deducible therefrom," then it should never be Jlermitted to form a p3rt of the c2.nvass. The precedtJnts, a.s well as the A large number of names were added to the registry list of this ward by evident requirements of truth, not only sanction, but call for the rejection of the election officers, in violation of the law and their duty. the entire poll when stamped with the characteristics here shown. (1 Bart., Mr. DRISCOLL. I did not say to this book. I said this book 526.) is a copy, and would show they were added to the list and that · The same rule substantially was followed in Finley v. Walls they had no business-- (44th Cong., Smith, 389), where the committee reported (p. 714, Mr. HOWELL of Pennsylvania. I simply want to understand Rowell's Digest) that- the gentleman, if he insists that that took was in the hands of The law is tbat where fraud is proved to have been committed by the offi the election officers. cers of an election in conducting the election no reliance can be plac. ed upon any of their acts, and their return must be rejected a.s wholly unreliable. 1\fr. DRISCOLL. I said they were added to the registration The party claiming under the election must prove the actual vote in some list. ' other way. Mr. HOWELL of Pennsylvania. By whom? In VanWyck v. Green (4fst Cong., 2 Bart., 641) the report of :Mr. DRISCOLL. By the election officers. the committee contains the following paragraph: Mr. HOWELL of Pennsylvania. Well, it must have been in While the committee should w slow to throw out the whole vote of a. ward the hands of the election officers, then. or district, nevertheless, if the facts and circumstances show that the in Mr. DRISCOLL. Either this or the original, I think, must spectors of the registry and election knowingly produced frauds, and viola ted the election laws, and permitted illegal voting, and the polls can't be purged, have been. the whole vote should be thrown out. Mr. McLAIN. Mr. Speaker, I now yield sixty minutes to my To the same effect are the reports and decisions by the House colleague. Mr. JoHNSON. in the case of Wise v. Young, Fifty-fifth Congress; Murray v. Mr. JOHNSON. An investigation of election contests in this Elliott, Fifty-fourth Congress; Robinson v. Harrison, Fifty.fourth House reveals the fact that it was fifty years after the Govern Congress, and many other cases which may be cited. ment was organized before there was ever any intimation or In Noyes v. Rockwell (52d Cong., Rowell's Digest, 476) there suggestion that an election case was influenced either in the dis port of that part of the committee which was sustained by the cussion or in the decision by political bias. I approached the in House contains the following statement: vestigation of this case absolutely without personal feeling, ab solutely without political bias, determined as far as lay in my Let it be remembered that fraud can rarely, if ever, be proved by dil·ect evidence, and that the rule is whenever a sufficient number of independent power to find the truth. After long, painstaking investigation I circumsta.nces which point to its existence are clearly established a prima am here to tell you the truth as I nndm·stand it. What you may facie case of its e:ristence is made, and if this is not met by explanation or do is of no consequence to me except that I want yon to do right. contradiction it becomes conclusive. In criticising the report of the majority, I want it distinctly un This rule is generally followed in contested-election cases and derstood that I do not impugn their motive or their honesty. I in courts. can differ from a man without doubting either his integrity or 1\Ir. FINLEY. Mr. Speaker- his good sense. My criticism will be based upon what I believe The SPEAKER. Does the gentleman yield? to besoundprinciplesoflaw. I haveknownmost-excellentjudges Mr. DRISCOLL. I will be through in a minute. for whom I had the highest respect to render decisions that were The SPEAKER. The gentleman declines to yield. reversed upon almost every material point. Mr. DRISCOLL. Now, according to the report of this com I want, before I take np this case in detail, to say that it is a mittee, if you find that these three districts should be thrown dangerous doctrine, it is a damnable doctrir.e to tl:ir,ow out entire 1790 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 9, precincts in an election. You may find that where partisan zeal In Butler v. Lehman (37th Cong., Digest of Contested Election Cases, p. 652) it is declared that: has controlled it has been done, but I challenge you to show "Alle$ations involving charge ·of crime must be established beyond a where courts of law have thrown out entire precincts. The law reasonaole doubt." which is laid down in the books, the law which must commend " When a contestant makes a charge of incorrectness of returns, which in volves a direct charge of crime against the election officers, he would in itself to our sense of justice, is that if it is possible to purge a strict law be required to establish the charge by the same degree of p1•oof ballot box of illegal votes it shall be done. I do not stand for required in a criminal case." fraud; I detest it whether it is in politics or in the private walks In Chaves v. Clev-er ({{)th Cong., Digest of Election Cases, p. 'i12) it is held that: of life. In this case there is absolutely no reason for saying that "Where it was proved that returns and poll_books had been altered so as to fraud was shown to such an extent as to justify throwing out show several hundred votes for contestee wmch had not been cast, the com entire precincts. Every illegal ballot can be ascertained. The mittee unanimously deducted the votes thus fraudulently added." In Abbott v. Frost (44th Con.g., Digest of Election Cases, p: 71.2) it is held contestant has set forth with great particularity the name of that: every voter that he claims cast an illegal ballot. He has referred "Where it was charged that a large number of persons whose names were to the testimony upon which he bases that contention. marked on the check list as voting did not vote, and some witnesses swore that their names were the same as those ma1·ked on the list artd that they There is nothing in the way of this committee-there is nothing had not voted and it was proved that a large number of persons marked in the way of this House taking up those names one by one and could not be round1 in the ward by a diligent search two months after the determining the facts judicially whether the alleged vote was election, and that many of them were not on the assessor's list, the com mittee agreed, as a compromise, to deduct 105 from the contestee's vote, illegal, and if it was illegal, and the testimony shows for whom it tha majority holding that the charges of fraud were sustained, the was cast, deduct it from the candidate who received it. If the minority holding that they were not sustained." testimony fails to show for whom it was cast, then adopt the In Koontz v. Coffroth (39th Cong., Digest of Election Cases, p. '720) the 1a w is decl:l.red to be that- sound rule of law that says that illegal votes. in the absence of "It is the duty of the committee to approach as nearly as possible the testimony showing how they were cast, shall be deducted from ballot bo~ a.nd by an examination of all the testimony see that no legal voter the candidates in proportion to their legal votes. I want in my is deprived of his jush'ight to the elective franchise. * * * This commit rema.rks to incorporate certain citations from authorities in re tee and the House are not circumscribed by the formalities that regulate the proceedin !?S of a board of return j u~." gard to the law upon this point. I shall not weary your patience In English v. Hilborn., (53d Oong., Digest of Contested Election Cases, p. by reading it here, but yon can read it to-morrow morning if you 721) it is declared that- "The prime object in all such cases is, if possible, to ascertain who was see fit. the people's choice at the election in question." In Digest of Contested-Election Cases, page 654, it was held that- In Wallace v. McKinley (48th Cong., Digest of Election Cases, p. 722) it i ''When contestant has shown prima facie a number of illegal votes which stated that- if cast for contestee would wipe out his majority, the burden does not shift "It is not sufficient to doubt the illegality of a vote, but conviction of its to contestee to show that they were not cast for him, but remains with con illegality should be reached to the exclusion of all reasonable doubt." testant." In Hurd v. Romeis (49th Cong., Digest of Election Cases, p. 727) it is held And at page 355, in same case: that- "The burden of proof, even if the doctrine of declaring an uncertain elec •• In the absence o:f proof as to how illegal votes were cast, they should tion void be adopted, is. we think, as stated by the minority (the minority either be allowed to stand or deducted from all the candidates pro rata." report was adopted by the House), on the contestant to show that more ille In Todd v. Jayne (38th Cong., Digest of Contested Election Cases, p. 727) it gal votes than the returned majority of the sitting :Member were cast, and is stated that- either that they were cast fo1· the sitting Member or that it is impossible to "Where more than h...'\l! the votes cast in a precinct were illegal, but from ascertain for whom they were cast, and th. t this impossibility is an actual the evidence it was possible to tell the largest number that could have been impo::.sibility arisinO' from the circumstances of the case, ana which could illegal, and for whom they were cast, the committee rejected these votes and not have been remea.ted by the use of due diligence, and not an im.possibBity counted the rest." arising wholly from the absence of evidence that could have been taken. In Barnes v. Adams (41st Cong., Digest of Election Cases, p. '127) it is held The party having the burden can not by his own neglect create the impossi that- bilit ." "The rule is well settled that the whole vote of a precinct should not be IJ!Le Moyne v. Farwell, (44th Cong., Digest of Election Cases, p. 711) it was thrown out on account of ille~l votes having been cast, if it be practicable l!tated: to ascertain the number of illegal votes, and the person for wliom cast, in "Tha't where fraud is shown to exist the poll shall not be rejected unless order to reject them and leave the legal votes to be counted. Legal votes a.re it is impossible to purge it of the fraud. It being shown that very many ille not to be thrown out in order to get rid of illegal votes unless necessity re gal votes had been received with the fraudulent connivance.of the judges of quires it as the only means of preventing the consummation of a fraud upon election, and the1'e being definite proof that at least 252 of the votes shown the ballot bo::r." by the numbered ballots in the box to have been cast for contestee were ille In Barnes v. Adams (41st Cong., Digest of Contested Election Cases, p. 723) gally and fraudulently cast, the committee deducted these 252 votes from it is stated that- the vote of contestee." "Where it was certain that illegal votes were cast, but definite proof was And on page 728 further said: not made as to their number, the committee said: The presumption is always "The exclusion of an entire Jl011 is the very last resort, and it must never in favor of the legality of a vote which has been admitted by the proper be done where there is any rat1ona.l means by which the illegal votes can be officers; and since all elections in Kentucky are viva voce, and since the rec eliminated." ord shows how each person votes, it would not, we think, be too much to re In Taylor v. Reading (41st Cong., Digest of Election Cases, p. 71.1) it was quire contestant to prove the want of residence of such persons as he claims held that- illegally voted for contestee." "Fraud to be eliminated, if possible, without rejecting the returns." "Where contestant_proved th~t more votes were cast for him than were Now, Mr. Speaker, the majority of the committee have found r eturned for him, and there were circumstances indicating fraud, the com mittee preferred not to reject the polls, but corrected the vote a.ccording to that fraud was so gross, so palpable, that the election returnB are the proof." absolutely without verity, and they have therefore thrown out In Burch v. Van Horn (40th Cong., Digest of Election Oase!,•p. 215} it is three precincts entirely. Even after that was done the contestee ~ted: . to "As in this case the law furnished contestant with the name of every re still had a majority of 8 votes. They then resorted an effort to jected voter and the candidate for whom he offered to vote, it would have establish legal votes at the rejected precincts for the contestant by been very easy for him to have proved the facts alleged by particular and testimony aliunde. They find as a fact, and want you to vote as specific evidence if they were true, and under such circumstances the pro a fact, that there were 32 legal voters at those precincts who voted duction of indefinite and inconclusive evidence indicated inability to produce anvother. for the contestant. A little later I want to call attention to the r. The committee consider also that in order to unseat a Member of this testimony upon which that finding is based. Twenty-nine of the House who has the regular certificate of election, and who is conceded to have 32 alleged legal votes are proved by one man. received a majority of several hundred votes of the votes received and counted, they snould be able to report whose votes were excluded that ought If you are in search of truth, I ask yon as lawyers to read that to have been counted; that it woUld not do for the committee or for the man's testimony and his cross-examination. House to say thatoutof2,500rejected voters, all of whosenamesareunknown, Mr. DRISCOLL. Will the gentleman yield to me for a. ques they are satisfied that enough were le~ voters and ought to have been counted to give the contestant a :mn.jorhy." tion? In Atkinson v. Pen.d.leton (51st Cong., Digest ot Election Cases, p. 71.2) it is Mr. JOHNSON. Certainly. held that- "Returns which are tainted with fraud can not be made the founda.tion of Mr. DRISCOLL. Does it make any difference particularly as the title to a seat in the House. The result should be pm-ged of the fraud if to the proof of the alitmde vote either for Connell or against practicable and the poll only thrown out when no other alternative remains Howell above 10. For instance if these three districts are thrown but to give effect to the fraud or to reject the poll." out, that leaves Howell 8 plm·ality. One illegal vote was shown In the New Jersey case as reported in the Digest of Contested-Election Cases, page 651, it is held thit the burden of proof is on the contestant, even to have been cast for Connell, and therefore 10 votes either taken to the proof of a negative. It holds that "the distinction between the con away' from Howell's claim or added to Connell's claim will seat troversy at the polls and that before the committee is manifest. At the Connell. Isn:t that so? polls the voter is a party. When the polls are closed and an election is made the ri~ht of the p:trty elected is complete. He is entitled to the returns, and Mr. JOHNSON. Yes. when ne is admitted to his seat there is no known principle by which he can Mr. DRISCOLL. Then what dillerence does it make about the be ejected except upon the the affirmative proof of a defect in his title. Whoever seeks to oust him must accomplish it by proving a case. The 32 votes.? difficulties in his path can form no possible reason why the committee should MT. JOHNSON. Your committee, acting in a judicial capacity, meet him halfway. The rule of reason requires that he should fully make bring in a report to this House which you expect this House to out his case, even though it involve the proof of a negative. adopt as a judicial decision, and your committee have found that In Bromberg v. Haralson («thCong., Digest of Contested Election Cases, p. 652), it is stated that: · there were 32, and I want the House to examine that testimony "The burden of proof is always upon thecontestantortbepa.rtyatta.cking upon which that finding is based. It is as good to prove 32 as it the official returns. The presumption is that the officers charged by l&w is to prove 8, but it does not prove either 8 or 32. with the duty of ascertaining and declaring the result have discharged that duty faithfully." Now, gentlemen, looking around this Chamber reminds me of In Cessna v. Myers (42d Cong., Digest of Contested Election Cases, p. 652) a story that I read of a lawyer. He was employed in a very im it is held that "the burden is upon the party attacking the legality of ~vote to prove that tHe person whose vote is in question, voted, that the vote was portant case involving a large sum of money. He studied the for the competitor, and that the voter was lacking in some legal qualification." case very thoroughly; he traveled several hundred miles to the 1904. CONGRESSIONAL RECORD-HOUSE. 1791 court of appeals in order to argue the case for his client. When Mr. PALMER. Well, the poll list and the registration list he rose to addre£s the com·t some of the judges were reading compared show it, and that is in testimony in this case. their morning papers, some of them were writing notes, and all Mr. JOHNSON. Very well; that is a matter of argument. of them seemed to be utterly indifferent. The lawyer stopped, Mr. DRISCOLL. What does the gentleman mean by saying and the chief justice said, "Proceed." The lawyer said, "Your that the contestee did not admit that there were 50 votes received honors, I have given a great deal of attention to this case; I have by men whose names are not on the registration list. Was not traveled several hundred miles to argue it; I think I can say with that admitted in the committee by Mr. Ballentine in the presence becoming modesty that I know more about this case than your of Mr. Howell? honors on the bench. But if your honors on the bench will honor Mr. JOHNSON. No; itwasnot. Mr. Howell was not present. me with your attention until I shall have concluded my remarks, Mr. Howell's mother had died and he had gone to Pennsylvania. I have no doubt but that your honors will know more about this Mr. DRISCOLL. ·Does the gentleman admit that Mr. Ballen case than I do." [Laughter.] It is useless to add that he had tine admitted it? their attention thereafter. Mr. JOHNSON. Yes. Now, gentlemen, the majority of the committee recommends Mr. DRISCOLL. And that :Mr. Ballentine was the principal that the Second Ward of Winton Borough be thrown out entirely attorney throughout the whole case, from beginning to end, and because the election officers were guilty of such gross, palpable knew more about the case than anyone else. fraud that absolutely; no verity can be given to their returns. Mr. JOHNSON. He admitted that there were 50 illegal votes, They give as their reasons: First, because the election managers, not that fifty now-registered men voted. A vote might be illeg.al in violation of the law and in violation of their duty, added a large for reasons unknown to the managers. number of names to the registry list; second, that the election Mr. DRISCOLL. Does not the gentleman belieTe that he knew officers allowed a large number of men to vote without filing affi- more about the case than Mr. Green or anybody else? davits whose names were not on the registration list; third, that Mr. JOHNSON. No; he did not know as much about it as I do. the election officers allowed fifty men to vote in the names of men Mr. DRISCOLL. Does the gentleman not think that he knew who were not present and who did not vote; fourth, that there more about it than Mr. Green? were substitutions and repetitions. Mr. JOHNSON. I don't know anything about that. I have Now, let me call your attention to the evidence, if you want to examined the records carefully. Now, on that point, you are all decide this case as judges. The record in this case does not re- lawyers. I admit that a lawyer can bind his client by an admis veal the names of these election officers. Just stop and think of sion in a pleading. I admit that a lawyer can bind his client by itt The record does not show who the election officers were at an admission in writing entered upon the minutes of the court. that precinct. The testimony does not show that a single man That is all right; but to tell me that when a lawyer is arguing a who voted at that precinct or a single man who was present that case before a judge, if he misstates the fa~ts and the record shows day has gone on the stand and testified to one single utterance, to that he misstates the facts, the judge is bound to decide the case one single action of these men. Is that not a remarkable state- by what the lawyer said and not by what the record shows, is a ment? That you are called upon to throw out a precinct when new sort of justice to me. That is the way it happened. In the even the names of the men who conducted the election do not ap- argument of the case this lawyer did say that there were 50 pear in the evidence. illegal votes at that precinct, but that does not bind anybody. Mr. DRISCOLL. It was contended that the election officers The record says otherwise. We aretryingthecaseon the record. were guilty of fraud and lawlessness. Why did not the contestee Mr. WEBB. Did he say they were fraudul~ntly given? call them to apologize or explain if they could? They were his Mr. JOHNSON. No; he did not. friends. Mr. PALMER. On page 18 of the contestee's brief I find this Mr. JOHNSON. But you b:tve not shown who they were. statement. He is speaking about the Second Ward of Winton The testimony does not show who they were. The testimony does Borough: not show the name of a single manager of the election in the Sec- An examination of the list of T"oters who voted at this election and a com ond Ward of Winton. It does not show whether they were Demo- parison with the registmtion list shows that no persons voted who were not crats, Republicans, or ballot-reform men. There is not a word of registered. Therefore no affidavits were taken by the election officers. testimony as to whosefriendstheywere. Nobodyhascomeupon Mr. JOHNSON·. Yes. the stand and said that these men did anything that was im- Mr. PALMER. That is the reason that the lawyer gave for proper. No man has said that they gave utterance to any expres- admitting the fact that no affidavits were taken, because nobody sion that indicated partiality, fraud, or anything else. Nobody voted there who was not on the registration list. has said anything about them or who they were. They were not Mr. JOHNSON. I have not very much more time: and I do attacked in the evidence, and there was nothing for them to ex- not want to get off on side issues. I want to argue this case. The plain. The majority of this committee has asked you to find, as majority of the committee quote that as an admission of counsel a fact, that these men were guilty of such fraud that you can not -that no affidavits were taken. Why, gentlemen, if you are going believe their returns. The committee do this on inferences drawn to quote that for anything, quote it for all it is worth. He makes from poll books and registry lists, suggested for the first time by two affirmative declarations. One is that no affidavits were taken argument of counsel. Do you believe it? Not as politicians, but and the other is that nobody voted who was not on the registry as lawyers, do you believe it? list. If you are going to take his statement about one, take it Mr. PALMER. Does not the gentleman believe that if the about the other. election officers had been square and honest the contestee would Mr. PALMER. The comparison of the list shows that is not have called them and taken their testimony when, at least, a true. prima facie case had been made out? Mr. JOHNSON. Now then, I want to show the House some- Mr. JOHNSON. There is no prima facie case here. thing. Here is a copy of a registration book, certified here by the Mr. PALMER. Yes; because they received votes and put the county commissioners of Lackawanna County. A majority of names on the registry list without taking any affidavit. the committee in this case have found as a fa.ct that the election Mr. JOHNSON. I presume the gentleman is a lawyer; I think officers in the Second Ward of Winton were corrupt, were fraud- ! have seen him on the Judiciary Committee. ulent in their conduct in that they have added the names of fifty Mr. PALMER. An alleged lawyer. [Laughter.] men to that registration list in violation of the law and in viola- Mr. JOHNSON. I want to say this, that the man who attacks tion of their duty. an election assumes the burden of proof, and he can not stop short Why, gentlemen, that is a serious charge. I undertake to say of proving his case. I deny, as a proposition of law, that any party there is not any more proof of that fact than there is that the hon in a court of justice who has assumed the burden of proof can ored Speaker who presides over this House assassinated William shift the burden upon the opposite party to show that his alleged McKinley. facts itre not true if he merely raises a suspicion and does not It is hard to argue things when there is absolutely no evidence prove his allegations. on which to base them. There is that book [exhibiting book] ; Mr. PALMER. If the defendant comes into court and confes es the names are alphabetically arranged, but at the end of the book that a part of the plaintiff's claim is true, then the plaintiff is not there are about fifty names that are not alphabetically arranged. called upon to prove that, is he? The county commissioners of Lackawanna County certify that Mr. JOHNSON. Why, no. this is a correct copy of the registration made up in that county · Mr. PALMER. Very well; in thi&case the contestee confessed in May, 1902. Have they certified to a lie? Is their certificate that 50 of these votes- proof? If it is, then this list of voters was made up in May, 1902, Mr. JOHNSON. He did not do anything of the kind. and not on the election day. Yet the majority of the committee Mr. PALMER. Excuse me; he did.. find as a fact, and they want you t0 so vote, that these men were Mr. JOlli'l"SON. He did not. guilty of fraud and corruption because they added fifty names to Mr. PALMER. He confessed that 50 of the~e votes that were that book. Are yon going to do it? received in the Second Ward of Winton were received from voters Now, I want to go a step further. not on the registration list. Mr. YOUNG. May I ask the gentleman a question? Mr. JOHNSON. He did not confess anything of the kind. Mr. JOHNSON. Certainly. 1792 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9,
Mr. YOUNG. Waiving for a moment the question of any not to be there, as it is to assume that five sworn officers have illegal votes in this borough, is there anything in the evidence violated their oaths of office? You can take whichever horn of tending to show that the returns of the election officers are any the dilemma you please. thing but a true statement of the votes actually cast, whether Then, again, they say that fifty men were allowed to vote in the legal or not? names of men who were registered, but who were not themselves Mr. JOHNSON. Nobody questioned the returns until the present and did not vote. There are two kinds of testimony to lawyers did it in the argument and the committee did it in their prove this. Listen. They hired a man to go out through the report. No one has testified that the men did not count the votes precinct, not some man who was familiar with the people there, openly and publicly and fairly. · · but they hired a man, and the t estimony shows it, and he went Now, Jet me get back to this book and go one step further, my out, and if he found the voter he reported the fact that he had friends. I want to call your attention to the fact that the county found the man. and that the man did not vote at the Second Ward commissioners of Lackawanna County say that that is a certified of Winton, for he told him so. Do you catch that idea? This man list of the registration as made up in May, 1902. If it was made who went out to hunt up testimony found John Smith and John up in May, 1!:102. and these names were put at the back of it, who Jones and thirty or forty other men: and he came back llefore the did it? Certainly not the election officers. But more than that commissioners and swore that those men did not vote at Winton now listen-the eled ion officers at that precinct never had this on the 4th day of November, 1902, because he had seen them; had book in their possession, and they never had in their possession talked to them, and they had told him that they did nGt vote the book from which this is copied. Then how in the name of there. Now, as lawyers, are you going to find, as a fact, upon in common sense and common reason are you going to say that these competent testimony like that that these men were guilty of fraud men added those names and were guilty of fraud? and violated their oaths of office? If you want to find it, it is all What did the election officers have? The election officers, un right. der the law of Pennsylvania, had a certified copy that was made Mr. KLUTTZ. Were any of theEe fifty men examined? from the registration list. That copy that the election officers Mr. JOHNSON. Not one of them. had is not introduced in evidence. Let me be understood-the Mr. KLUTTZ. They were all supposed to be right there? county commissioners made for the election officers in the Second Mr. JOHNSON. He said he found them and talked with them, Ward of Winton a certified copy of the registration list. When and found out from them that they did not vote. managers got through wfth the election, do you know what they Mr. K~UTTZ. And yet they were not called? did with that certified copy? They did not send it back to the :Mr. JOHNSON. Not one of them. office of the county commissioners, where this book comes from; Mr. LITTLEFIELD. Did they make up in that way the 200 they put it in the ballot box. That is where it is. That is where that they contend were illegally cast-these men you are speak it has been ever since the night of the 4th of November, 1902. ing of? And the ballot boxes are in the possession of the contestant, and Mr. JOHNSON. The testimony as to how they voted was that be did not open them. He had them impounded. He gave notice way, but I will say to the gentleman from Maine that here is the that he was going to open them, yet they have not been opened point: The committee have found that the election officers at the to this day. Second Ward of Winton were guilty of fraud, in that they allowed Now, gentlemen, how are you going to find that these election fifty men to vote in the names of registered voters who were not officers allowed anybody to vote whose name was not on the list present and did not vote. In other words, you might be a regis that they had unless you have in evidence what they did have? tered voter and somebody voted in your name. That is what the You must either have before you the registration list that they majority say hap~ened, and they prove it by sending a man out went by or you must at least have a copy of that list. into the precinct. and he found a great number of these men. Now, then, that list being in the hands of the contestant, or, He says he talked with them. He came back before the commis rather, it being in the custody of the court on his motion, and as sioner, and his testimony is: "I found John Smith, and I found he has not introduced it, although he said he would, are you go John Jones; I found Peter Smalls, and they did not vote in this ing to find that these managers of election allowed people to vote ward on the 4th day of November, 1902, berause they told me so." whose names were not on the list that you have never seen? They did not produce the voters to prove that they did not vote, Mr. DRISCOLL. Why does the gentleman say that that book but they produced this one man, who went all over the ward and is in the possession of the contestant? Is it not in the hands of the testified for everybody. court officers, and was not one of them selected by the contestant Mr. LITTLEFIELD. Do you mean to say that is all the evi and the other by the contestee? dence the committee have to sustain that proposition? Mr. JOHNSON. I do not know anything about that. Mr. JOHNSON. That is the evidence upon which one class is Mr. DRISCOLL. Is not that true? based, and there is one other. Now, this fellow went out and Mr. JOHNSON. Yes; they are in the possession of the court. inquired-- They were impounded by the contestant, and he gave notice that Mr. LITTLEFIELD. What is the other? he was going to open those boxes. He bas not done it, and the Mr. JOHNSON. Let me explain it. He went out and in contes ee was before our committee begging with tears in his quired in the district. He says he did. He comes back and he eyes that these boxes be opened, and your committee refused that says: ''I couldnotfindMr. Littlefield; Icouldnotfind Mr. William 1·equest, and the contestant objected to it. Jones; I could not find Mr. JohnJohnson,but from the best infor Mr. DRISCOLL. Did you not vote on that-proposition against mation I could get after making thorough inquiry I am satisfied letting in that evidence? that they were not here on the 4th of last November." Mr. JOHNSON. No; I did not. Mr. YOUNG. How long after the election was that investiga- Mr. DRISCOLL. Did you not vote with us that they should tion made? . not be received? Mr. JOHNSON. That was in February, 1903, I think. Now, Mr. JOHNSON. I voted that we should not count those bal gentlemen, that is the kind of testimony upon which the finding lots-certainly I did. But I never objected, I do not object now, is based that fifty men voted in the names of other men. to the boxes being opened and these lists produced. This feature Mr. LITTLE.FIELD. Do you mean to say that is all -the evi of the case was not mentioned. dence the committee have? Mr. DRISCOLL. Is it not true that they are in the possession Mr. JOHNSON. That is all the evidence there is as to forty of the court, and that one party has as much right to them as the six of them. I am going to tell you about the other four. other? Mr. DRISCOLL. Supposing John Smith was a registered Mr. JOHNSON. But the contestant gave notice that he was voter and on election day some man voted in place of John Smith. going to open them; he had them impounded. The contestant wants to show that John Smith was not there on Mr. DRISCOLL. I do not know when that notice was given. election day, and that somebody else was voted in his place. Mr. JOHNSON. The record shows it, anyway. Mr. JOHNSON. Yes. You in this House are asked to find as a matter of fact that the Mr. DRISCOLL. He sends out that man to investigate. H& election officers allowed fifty men to vote whose names were not on investigates thoroughly, and comes back and says that John Smith the registration list, and you have not produced before this House was not in the ward at that time. Now, of course that is not all the list that the registration officers had or a copy made from it. of the evidence that might be introduced, but you could take If you want to find that they allowed fifty men to vote whose names every householder in that district and have their evidence and were not on that list, that is your affair. The answer to that prove it by every man that John Smith was not living at his may be that the election managers had a certified copy from the house, and he would_have to prove it. That would be satisfac office of the county commissioners, and this being a certified copy tory, but they have only taken the proof of this man who has from the same source it may be claimed that the two papers a1·e investigated it. alike. Let me ask you this: Is it not as fair and as much in If they found that J ohn Smith was there, was it not the duty of 1·eason to assume that some clerk in the county commissioners' the other side to show by some one man he was there on election offi-1e, in consideration of$;), added names to that list that ought day?
• I 1904. CONGRESSIONAL RECORD- HOUSE. 1793
Mr. JOHNSON. I have already said that you are trying to with all the force that was in him that these election precincts shift the burden of proof by bringing in incompetent testimony. were fraudulent because there were names on the poll list which Mr. DRISCOLL. You ask an impossibility. · were not on the registration list and that no affidavits were Mr. JOHNSON. Now, gentlemen, hear this: A man goes out taken from nonregistered voters, he discovered that he had failed into the ward and comes back and tells the court, "From the best to prove that the affidavits were not taken. Then what hap information that I can get this man was not there." It is hearsay pened? After the case was argued he went back to the State of evidence; how far removed the Lord only knows; I do not. He Pennsylvania, and on the 12th day of January, 1904, he procured may have gone to James Smith's wife and she told him that her from the prothonotary of that county a certificate to the effect husband told her that John Jones told him that his wife told him that he had looked and he could not find any affidavits there. - that her mother told her that her daughter-in-law told her that Mr. DRISCOLL. That applies to Old Forge. her son did not vote on that day. That is the kind of testimony Mr. JOHNSON. There were two, were there not? it is. If this House wants to accept it and act on it and find upon Mr. DRISCOLL. No, sir. that sort of evidence that these men did not vote, but that some Mr. JOHNSON. Then, you have got nothing a£ to Ward 2 of body voted in their names and the managers of election acted Winton. Now, gentlemen, an officer who has custody of papers fraudulently, then you have the right to do it. can certify copies thereof. What is the reason of the rule? Those Mr. KLUTTZ. Was there any evidence who hired him? are public papers; they are in a public place for public uses, and Mr. JOHNSON. The testimony is that he was hired to hunt it is not proper that they should be carried all over the country; that matter up. and the law has wisely provided that they shall have a place of Mr. KLUTTZ. Was there any evidence of illegal voting? deposit, that they shall be in the care of a custodian, and when Mr. JOHNSON. I do not know of any. When you come to they ·are needed that custodian under his oath of office can fur examine this kind of thing-- nish certified copies. Mr. LITTLEFIELD. You do not claim that it was improper One can not prove by the clerk of a court on a mere certificate to hire him to do this? that there is no judgment against a given man in a certain county. Mr. JOHNSON. I do not say that the man was not properly He can not say that there was a defective paper there and in his hired to go out and hunt information. I do say his conclusions judgment it was not a judgment. He must certify the paper. are not competent evidence. He should have brought his inform He can not certify that there is no paper. Then let us go a step ants to tell what they knew. They rely on a hired man's conclu further. He certifies that these affidavits are not in his office. sions. He knows nothing. They do not prove it by the man's Suppose we admit that his statement of a fact in this form estab mother, his brother, or some body who knows of his own knowledge lishes that fact. Presumptions do not go backwards. You may that some man moved out of the ward the week before the elec prove that a man is crazy to-day. That is absolutely no evidence tion. that he was crazy ten ·years ago, and you could not upon that evi Mr. KENNEDY. I just want to ask the gentleman why the dence upset a wm executed ten years ago or one year ago. minority of the committee found the facts of the majori~y were Mr. LITTLEFIELD. But the certificate recites they were not correct as to this dead man. There was nobody to confirm that filed. statement. Mr. JOHNSON. He goes further than offering a certificate Mr. JOHNSON. The man testified that the fellow was dead, that it is not there; he makes himself a witness to say they were and that he went to the funeral. That is the very best of evidence. never there, and ought to have been sworn and examined and Mr. KENNEDY. There is no testimony that he saw the man cross-examined just like any other witness. in the coffin. Mr. YOUNG. May I interrupt the gentleman for a question? Mr. JOHNSON. The witness said the man's father said that he Mr. JOHNSON. Yes, sir. . . was dead, and •• I went to the funeral." · I consider that compe~ Mr. YOUNG. The gentleman from New York says that it tent evidence. [Laughter.J . wa£ the duty of the election officers to file with the prothonotary You see when I strike legal testimony I recognize it. these affidavits. Now, for instance! four men whose names appeared in that pre Mr. JOHNSON. It is. cinct as having voted appear on the stand as witnesses and say Mr. YOUNG. Is there any evidence that the election officers that they did not vote. Now, as to these, nobody contradicts filed with the prothonotary all the affidavits they got? their evidence. Why were the others who, it is alleged, did not Mr. JOHNSON. I have tried as scrupulously as is in the power vote called as witnesses?. In many precincts in my district the of mortal man to consider this case on the evidence, not on election officers know every man who votes at that precinct; they arguments of counsel; but I will say it was admitted on both know his wife and how many children he has,_how ald they are, sides that election officers frequently dumped these affidavits in how much land he has, how many horses and what color they the ballot box. I do not know whether they did or not. . are. I say that in country precincts like that; if the election offi Mr. DRISCOLL. I think Mr. Ballentine claimed; I do not be- • cers were to allow three men to vote whose names are not on the lieve Mr. Holgate admitted it. . list or allow somebody else to vote in their names, I would say Mr. JOHNSON. Mr. Holgate admitted it, and I will make you that it was fraud. But what are the facts here? This election recollect it. You remember when Mr. Green came and argued took place in a mining district, where nearly every man that the fact there were no fraudulent votes Mr. Holgate jumped up voted was a miner; where it is matter of common knowledge, and and said: "If you will take back the admission Ballentine made the record in this case shows it, that the men who employed these yesterday, I will take mine back." He pleaded the baby act. But miners do not know their names-they know them by numbers. I do not care anything about it. I say that if you were to admit Now, these men came rushing out of the mines; for the testimony that that certificate was competent as testimony, and if you were is that they voted after the day's work was done. They came out to admit these affidavits are not on file there now-and even that from the bowels of the earth, covered with soot and coal dust, they never were on file-it is not any presumption that the elec..: having earned their bread by the sweat of their faces that day, tion officers did not take them. They may have taken them and and they marched up to the polls, ca~ed o~t their names, and neglected to file them. when the name was found on the registry list they voted. Are Mr. LITTLEFIELD. It was their duty to file them, and the you going to hold that because_four men·of that class, four men presumption is that they discharged that duty. who are not known by the men for whom they labor from day to Mr. JOHNSON. The presumption oflaw is that they filed them day, should be so well known to the election officers that they in the clerk's office. The neglect to file them would be iiTegu~ can not be imposed upon? larity, but the neglect to take them would be a crime. If you Then there is one nther question that I want to refer to. There are going to presume anything against a man, you must presume is not any legal evidence here that any nonregistered man voted ari irregularity rather than a crime. · who did not make affidavit as the law requires. Mr. PALMER. The law is that they must file them- - The law of Pennsylvania provides that if a man applies to vote Mr. JOHNSON. I say they must go to the prothonotary's and his name is not on the registration list he shall not be al office. · lowed to vote unless he makes affidavit setting forth certain . Mr. PALMER. Whose duty is it to send them there? facts. We are bound to assume the election officers did their Mr. JOHNSON. It is the duty of the election officers. duty, and that if anybody applied to vote and his name wa£ not Mr. PALMER. And the presump~ion is that they did their on the list the managers required him to give an affidavit. How ~~ - did they find the facts in this case that the election officers did Mr. JOHNSON. You say that they did not do their duty, and not do it? They do not find it from any evidence in that regard. that they acted so fraudulently that you can not believe anything Nobody said anything about it. Although the contestant called they say. · 6,500 witnesses, nobody testified that election officers did not take Now, then, I want to go on. The majority of the committee affidavits; nobody testified that men were allowed to vote whose say that because the election officers allowed men whose names names were not on the list that the election officers had. During had "D. I." opposite them to vote without t1king affidavits that the argument of the case, when the contestant's counsel argued they are guilty of fraud. I want to call your attention to the law. XXXVlii-113 J794 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9,
The law of .Pennsylvania does not require a man whose declara· Mr. FOSTER of Vermont. The gentleman stood up as though tion of intention is indicated opposite his name on the list to give he did concede it. an affidavit. The law says that when a man applies to vote whose Mr. PALMER. Does standing up concede anything? name is not on the registry list he shall make an affidavit. The- Mr. FOSTER. of Vermont. Thegentleman'swordsindicatedit. man whose name is on the list with ''D. I.'' opposite is not in that Mr. JOHNSON. Mr. Speaker, I must hurry on. class of voters who must make an affidavit in order to vote. He Mr. LITTLEFIELD. Let me ask the gentleman this question: is on the list. Suppose the question in controversy in the three wards was as Now, then, what does it mean? The assessor shall put on the to whom certain votes were cast for and if deducted from the con list the names of men who have filed their declaration of inten- testee's vote would still leave him elected, and suppose if those . tion to become citizens and who intend to carry out that declara- votes were added to the contestant's vote the result would be tion before the next election. That is all that these letters mean. changed, then you would have an element of doubt. What would If a man comes up to the booth to vote and his name is on the list the gentleman say to that situation? If it is true that the votes with " D. I." opposite, and he produces his naturalization certi.fi- in doubt at·e uncertain as to whom they were thrown for, so that cate and shows the election officers that he has fulfilled his inten- you don't know whether they all ought to be taken from the con- · tion, upon that naturalization paper he can vote and no affidavit testee or whether or not they all ought to be added to the con is required. Now, I do not see any lawyer from Pennsylvania testant, there is an element of doubt and of uncertainty. What denying this. does the gentleman say to that condition? Mr. PALMER. I think the gentleman is right about that. We Mr. JOHNSON. I know of no law for adding illegal votes to are like yon-when we see that a thing is right, we admit it. anyone's vote. · · · · Mr. KLUTTZ. Speak louder. Mr. LITTLEFIELD. Suppose there are 100 votes thrown as to Mr. JOHNSON. The gentleman says that the proposition is which there is a doubt for whom they are thrown, and you don't true; that if a man has "D. I." opposite his name and goes up to know whether they are thrown for the contestee or the contestant, vote, if he has in the meanwhile become naturalized and produces so that by deduoting from the contestee you might not reach the his naturalization papers, then he does not have to make an affi- correct l'esult, because the truth might show that they should davit. Yet the majority of this committee have found that the have been added to the other man. election officers were guilty of fraud because they allowed men Mr. JOHNSON. If a man is an illegal voter and put a ballot with those letters opposite their names to vote. They call par- in the box for Howell, there is no reason why it should be added ticular attention to the number at each of the three precincts to Connell. thrown out, and infer fraud. If you want to accept that sort of Mr. LITTLEFIELD. If you deduct from the contestee you an inference, you can do it. This action of the election officers, might not reach the right result. instead of being fraudulent, was legal. Mr. JOHNSON. I don't think you would. I think you ought Mr. WEBB. But does not the majority report state the reverse to apportion the votes among them, according to their respective of your proposition? legal vote. c Mr. JOHNSON. Yes; theysaytbatelectionofficerswereguilty Mr. LITTLEFIELD. But that is an arbitrary rule. of fraud in not taking affidavits from men whose names appeared Mr. RANDELL of Texas. Let me suggest that if they are on the registry list with "D. I." against them. I have just shown not illegal votes they ought not to be deducted from anyone, and that such action of the officers was not only not fraudulent, it if they are illegal they ought not to be counted for anybody. was legal. Mr. JOHNSON. After throwing out these three precincts upon Mr. WEBB. They state that he must have been sworn even the kind of testimony I have tried to explain, they find byevi- though his name was on the registry book. dence aliunde that 32 votes were cast for the contestant. ·I am 1\Ir. JOHNSON. Now, Mr. Speaker, that disposes of all the not going to comment on that testimony, but I hope every lawyer ground upon which the Second Ward of Winton is thrown out. in this House will read it. That is the strongest argument that Let me repeat bliefiy. The election officers' names do not appear I can make against it, asking you to read it; and if you want to on the record, and we do not know whether they are Democrats believe it, then in God's name accept it. or Republicans. We do not know anything they did except from Mr. LITTLEFIELD. But we can not read it. It is too much. the returns. Nobody has testified that they did anything im- 1\Ir. JOHNSON. Oh, no; there is only one witness. I am not proper, and this fraud is found by the majority of the committee · asking you to read all the evidence in the record, but we have set by inferences from these records which I have commented upon in out in the minority report every single word of testimony to show your presence. Now, if you see fit to find as matter of fact that upon what the majority find that contestant received 32 legal these election officers, whose names are not identified, whose pol- votes. They prove 29 of the 82 by one witness, so that you would itics you do not know, about whom nobody has said one word, not have to read but one man's testimony, and it is in the minor- violated their oaths of office, then you can do it. ity report. The testimony as to all three of the precincts is practically the Mr. LITTLEFIELD. Does the gentleman mean that the rna- • same. I would be glad, if time permitted, to take up every state- jority claim there were 200 votes that should be deducted? ment of the majority separately and discuss it, but I can not. Mr. PALMER. Oh, that is another thing. After they have thrown out three precincts entirely the contestee Mr. JOHNSON. That is another thiiig, and I am coming to still has 8 plurality. If all the alleged illegal votes at these three that now. Themajority,after throwing out these three precincts precints were deducted from contestee, it would leave him a com- and giving Mr. Howell nothing there, give the contestant 32 fortable majority. votes there, and 29 of those votes are found to have been cast for Mr. WEEMS. I would like to ask the gentleman whether it is the contestant by one man's testimony. a fact that if the committee had undertaken to purge the vote by Mr. LITTLEFIELD. That is, in the three precincts. deducting from the contestee's vote the maximum claim made by Mr. WEBB. Does the gentleman mean to say that the major- the contestant himself before the committee as to the number of ity finds and holds that these three precincts were so tainted with illegal votes, then which of these two men would be elected? n·aud that they are cast aside entirely? Mr. JOHNSON. I do not quite understand. Mr. JOHNSON. Yes. Mr. WEEMS. Suppose the committee had thrown out in these Mr. WEBB. And yet go back over these same three precincts three precincts all the illegal votes- which they have thrown out for fraud and pick out 32 votes and Mr. JOHNSON. And had deducted them from the contestee's count them for the contestant? vote, had deducted every vote that the contestant alleged was Mr. JOHNSON. Yes; that is what they have done. Now, a illegal, then the contestee would still be elected to this House. good deal has been heard about affidavits here to-day. The laws Mr. PALMER. The gentleman does not mean that, does he? of Pennsylvania provide that if a man goes to the polls to vote There were 2,002 illegal votes, and the gentleman doesn't mean and his name is not on the registry list he can not vote unless he that if all those had been deducted from the contestee's vote he makes an affidavit to certain facts prescribed bylaw. Those am would still be elected? davits are printed. They are furnished to the election managers, Mr. JOHNSON. I say that if you take all of the illegal votes printed forms, with blanks to be filled out. It happened that that the contestant claims in these three precincts and deduct in this election there were 420 of these affidavits upon which men them from the contestee he would still be elected. Now, gentle- swore in their votes defective, and because they were defective men, I want to say-- . some of these blanks were not filled out. The votes that were :Mr. FOSTER of Vermont. One moment. I think, Mr. Speaker, cast upon defective affidavits were illegal. it is important to know whether the other side concedes that fact. The SPEAKER. The time of the gentleman from South Caro- Mr. PALMER. Oh, not at all. lina has expired. Mr. FOSTER of Vermont. Do yon cvncede it? Mr. MoLAlN. Mr. Speaker, I will yield the gentleman ten Mr. PALMER. Not for a second. minutes more. Mr. DRISCOLL. No; we do not concede it. Mr. JOHNSON. The majority of the committee find, because Mr. LITTLEFIELD. Thereportdoesnotdiscussthatindetail. of these blanks, that 418 of those men cast illegal votes. Listen. 1904. CONGRESSIONAL RECORD-· HOUSE. 1795
Suppose theTe was an election law in Pennsylvania providing that Q. l>id he have any talk smM with you about how he voted and whom ha if voted for?-A. I refuse to answer-. the poTI clerk should spell anybody 's name wrong the vote of Q. E. J. Haley?-A~ Democrat. that man should be declared illegal and deducted from the vote of Q. Did you have any talk with him as to how he voted, or for whom he the candidate for whom it had been cast. Suppose, further~ that voted, or whom he suw:n·ted on election day? Mr. HoLGATE. The ·question is objected to a.s not cross-examination, and in holding an election in a Congressional district the poll clerks acci in COIDI!_£l_tent? dentally spelled wrong the names of 418 men, and you were called The WITNEBS. I refuse to answer. upon as a judge in your distriot to decide the question how those 418 By Mr. Be.ylor: men voted, do you not think it would paralyze the conscience of any 0.. Were you there when he voMd that day? Mr. HoLGATE. We make the same objection, that it is not cross-examina. man to come before your court and claim that every one of the 418 tion. men whose names the poll clerks. had misspelled voted for the same The WITNESS. I retase to answer. candidate? Those alleged illegal votes came from 94 diffeTent By Mr. Baylor: precincts in that Congressional district, and contestant claims Q. Did you challenge his vote? . that every one of these accidental illegal votes were cast for con Mr. HoLGA.'l'E (to the witiless). Yon: need not answer as to anything that happened on election day. testee. The WinlEss. I refuse to answer. Mr. DRIS_90LL. Will the gentleman allow me a q~estion? By Mr. Ba.ylo1-: -Mr. JOHNSON. Yes; but I hope the gentleman will remem Q. Henry Herbert, in the Second district of the Second Ward, did you have ber that I have only ten minutes. any convel"Sation with him on election day?-A. I refuse to answer. Q. Did you have :my conversation with him since as to how he voted, or for Mr. DRISCOLL. Does the gentleman mean to say that we whom he voted on that day?-A. I refuse to answer the question. found any such thing as that? . Were you there when he voted that day'!-A. I refuse to answer. Mr. JOHNEON. I have not said that yon did. . Did you challenge his vote?-A. I refuse to answer. . P. E. Timl:in~-A. Democrat. Mr. DRISCOLL. Then what are you talking about? • Did you see him and have any conversation with him as to how he voted Mr. JOHNSON. The contestant claimed that every one of or ~fOl" whom he voted on that dayt-A. I refuse to answer. those 418 votes was cast for the contestee, and he brought some Mr. HoLGATE. You may say tliat you decline to answer these questions on sort of testimony for the purpose of establishing that conclusion. the advice of coun:sel. He had 6,500 witnesses. I have no doubt that they could have By Mr: Baylor: Q. JosephColbort?-A. You have not got that right. sworn the horns off a billy goat. [Laughter.] Some of them were . Mr. HOLGATE. I desire to enter another general objection to the whole of evidently willing to do it. He found men who could undertake ~ cross-examination and ask: tha_t it .be stricken out f~?r th~ reaso~ tha~ it to saddle every one of the 418 illegal votes on the contestee. If I lSmcompetent, and not1 cross-exammationof any matter mqmredof m chief. had five minutes more, I would like to show the kind of testi By 1\tr. Baylor: Q. Joseph Colbert; did you see him around the polls on election day?-A. I mony by which that contention was sought to be supported. A refuse to answer the question on advice of counseL fellow was furnished a li.sb of names of men who had voted and Q. Did you have any conversation with him there that da.y?-A. I refuse to whose affidavits were illegal. answer the question on advice of cotl.IlSel. He went out over the district, one precinct and another Q. Now, did you have any conversation with him since as to how he voted into fOl' the office of Congressman at the last election?-A. I refuse to answer the half a dozen or a dozen of them--and then he came back and tes question on advice of counseL tified that from the best investigation that he could make this or Q. Did you have any conve?Sa.tion with him that day as to how he voted? that man was a Democrat and voted for Howell. That is the A. I refuse to answer on advice of counsel. Q. Were you there when he vote~~A. I refuse to answer on. adnce ot kind of evidence upon which they want you to say that all these counsel.. illegal votes were cast for contestee. - Q. And did you cha.llenge his vote~-A. I refuse to a.n.swer on advice of Four hundred and eighteen men to whom no moral turpitude counsel. · Q. Thomas S. Roehei did you ha"e a talk with him there on election day?- is attaChed, their votes being pronounced illegal by reason of the A. I refuse to answer tne question on advice of coom;el. · merest accident of an official failing to fill out a blank in an affi Q. Did you see him there that day?-A. I refuse t<> answer the question on davit, are all alleged to have voted for one candidate. The defect advice of ·counsel. Q. Have you had any con-veTSa.tion with him since as to how he V'oted? ive affidavits came from ninety-four election precincts, some of A. l r <>fnse to answer the question on advice of counsel which were carried by contestant and others·bycontestee. · Don't Q. Did you have any conversation with him that day as to how he voted you know that those illegal votes were cast for the two can or for whom?-A. I refuse to answer the question on advice of counsel. didates just about in the same proportion as they received legal ~Ir. DRISCOLL. Does the gentleman say the committee fOlmd votes? that 200 of those 418 men. voted for Howell? Here is a sample of the testimony (Record, ·p. 1203): Mr. JOHNSON. Yes, you did. By Mr. Holgate: Mr. DRISCOLL. That is a mistake. We found simply that Q. You have, then either personal knowledge ot you have made iiiqniry' 200 out of 2,001 illegal votes were cast "for Mr. Howell. That is as to the politics or the persons for whom these parties voted, have you?-A. Yes, sir. our finding in our report; that is the finding as stated in my re And satisfied yourself?-A. Ye.!J_ sir; perfectly. marks. Two hundred ant of 2,001-a very modest finding on the That is, as to all of them?-A. xes, sir. evidence. · apers shown witness.) · Mr. JOHNSON. Gentlemen, it is worse than I thonght it was. Q.& You have be n employed, ha-ve yon, in gathering inf<>niUition in regard to tbe politics of these men whose names appeared in these affidavits; as to Here they ~y tha~ th~re is evidence that there were 2,000 illegal • how they voted1 ha-ve you?-A. Yes, sir. votes cast m the district. They say that they find as a matter of Q. Have you mq uired in the second district of the Second Ward of Carbon fact that 200 of these votes were cast for :Mr. Howell, and they dale as to the affida-vits filed in this case?-A. Yes, sir. . Q. Did you make inquiry in relation to William Healey?-A. Yes, sir. deduct that many from his vote. They find as a matter of fact Q. What did you ascertain in reference to his politics? that only one such vote was cast for the contestant. Mr. BAYLOR. Counsel for the contestee objects to the question as incom Now, gentlemen, I will tell you the law on that subject, if you petent, i:tnn1aterial, and irrelevant, and not the p1:oper way to prov--e the poli· tics of a Yoter. want to decide this question as lawyers and judges. By Mr. Holgate: ~Ir. GILBERT. What is the testimony as to how many of Q. What did you ascertain with reference to his nolitics?-A. Democrat. those illegal votes were cast for Mr. Howell and how many for Q. What did yon ascertain with reference to tlie politics of Edward J. Mr. Conne11? Healey, of the same ward and district? Mr. BAYLOR. Counool for the contestee object to the question as incom~a. Mr. JOHNSON. I have just told yon. Out of 2,001 votes they tent, immateria.l, and irrelevant, and not the proper way to prove the poll tics claim that 200 were voted for contestee, and this is the way the of a voter. proceedings were conducted: A fellow went out into the district The WITNESS. Democrat. into a dozen precincts we will say; he came back and swore that By Mr. Holgate: Q. Wbat did yon ascertain with reference to the politics of Henry Her he had investigat-ed the mattel', and from the best investigation bert, of the same ward and district? he had been able to give the particnlar voters that he named were Mr. BAYLOR. Counsel for the contestee object to the question as incon1pe Democrats or were men who had voted for Mr. Howell. That is tent, immaterial, and irrelevant, and not the proper way to prove the politics of a voter. the testimony. The WITNESS. Democrat. Mr. YOUNG. Is it not true that Mr. Connell had the Demo This one witness's testimony covers several pages just like the cratic nomination also-was running on the straight Democratic above. There are pages and pages of the same sort of evidence ticket? all through the record. I give below a sample of the cross-exami Mr. JOHNSON. If I have the time, I suppose I may as well nation of this witness, on page 1210. He is swift enough in giving tell how that matter stands. They undertake to charge against Mr. Howell illegal votes upon no other testimony than the bare b.is conclusions. He said, himself1 that he had satisfied himself perfectly. What did it take to satisfy him? On the cross-exami statement of a particular man tbat the voter was a Democrat .. nation he refused to answer every question that tended to bring The recm·d shows that the Democratic convention in Pennsyl out what facts he knew to base his conclusions on. vania split; one faction nominated the contestant and the other faction nominated the contestee. By Mr. Baylor: Now, yon know Wflliam Haley, do yon?~A. Yes, sir. Did you know that? They had a lawsuit down at Harrisburg, ,. And you have said he was a Democrat?-A. Yes, sir. Pa., to determine which wa the legal Democratic nominee and §. Did you have any talk with him on election day?~A. I refuse to answer. the contes-tant was the plaintiff in that suit, who went into ~ourt 1796 - CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9,
as a plaintiff to have his name placed on the Democratic official you want to say that election officers have been guilty of fraud . ticket. The court decided that neither had been regularly cer because they allowed men to vote who are unknown to their own tified to the S:! cretary of state. The consequence was that nobody employers, whose names no Member of this House can either ran on the Democratic ticket. Mr. Connell ran on the Repub spell or pronounce, who frequently and generally have an Ameri lican ticket and on the ballot-reform ticket, whatever that may can nallle and a foreign name, who may be registered in their mean. Mr. Howell ran on theantimachine ticket, whatever that foreign name and the p::>ll clerk wrote down their American may mean. Now, in view of the fact that the Democrats were name, all in the absence of the list the officers were provided divided, a Connell faction and a Howell faction, how are you go with, to do it. ing to stand here as lawyers and tell me that because a man testi I have no more idea how those names are pronounced than my · fied that another was a Democrat, therefore be voted for Howell? 4-year-old boy. Possibly if we knew how the name is pro Yon ought to go further and show that he was a Howell Demo nounced we could look at the poll list and find the name as the crat, or what brand of Democracy he belonged to. You know, clerk spelled it. Now, take this case, consider it on incompetent, unfortunately, we have got several brands. [Laughter.] hearsay evidence, if you will; find fraud on such insufficient testi Now, gentlemen, let me finish the legal proposition I wanted mony, if you want to; throw out precincts and seat a man that to submit. They say that something like 2,000 illegal votes were the people did not elect, and. uns€at the man they did elect. Do cast in that district. Why didn't they sift the thing to the bot that if you want to; it is nothing to me. But if you do, do not tom and find out how they were cast; and in the absence of testi stand upon this floor hereafter and tell us how much you admire mony showing for which man they were cast, why didn't they the virtue and intelligence of the laboring men of this country. take them off both of the candidates according to their legal votes Do not go back to your districts and e~aust all the adjectives in in the respective districts? the dictionary to find beautiful words to tell the laboring men This illustration is used in the minority report: Suppose that a how you love them, but just go to your laboring men and say: man was elected to Congress by a majority of 1 vote; and sup ''We kicked the man out of Congress that your fellow-laborers pose there was a contest over the election and the contestant de elected up in the Tenth district of Pennsylvania.'' [Loud applause manded that the votes should be recounted. Suppose that you on the Democratic side.] open the ballot boxes and proceed to count the votes, and when Mr. DRISCOLL. I now yield to the gentleman from Iowa. you have cOlmted 3 boxes out of 162 you find a mistake in favor Mr. JOHNSON. Mr. Speaker, there were a few quotations of of the contestant of 2 votes, and thereby put him 1 vote ahead of law and a few extracts from the testimony that I intended to the contestee. Would you stop then and there? raad to the House, but for lack of time I did not do that. I The SPEAKER pro tempore. The time of the gentleman has would like to have the permission of the House to incorporate expired. them in my remarks. Mr. McLAIN. I yield five minutes more to the gentleman. The SPEAKER pro tempore. The gentleman from South Car· Mr. JOHNSON. Would you stop then and there in the count olina asks unanimous consent to extend his remarks in the REO· .ing of those votes and seat the contestant? Do you think that ORD. Is there objection? [After a pause.] The Chair hears none. would be fair? Do you think that would be judicial? You are Mr. DRISCOLL. Mr. Speaker, I ask the same privilege. not counting the votes for his special benefit, you are counting The SPEAKER pro tempore. The gentleman f1·om New York them to find out the truth. Well, now, here are certain alleged asks the same privilege. [After a pause.] The Chair hears no illegal votes. The coTIIllittee find that enough of them voted for objection. Howell, when they subtract that number from his votes, to elect Mr. BIRDSALL. Mr. Speaker, the questions involved in this the other man. Why do they not go through with the whole case should be determined upon principles of equity and good con thing, sift those illegal votes, find out from the testimony, if they science uninfluenced by political considerations or any considera·. can, for whom they were cast? If the testimony shows for whom tion whatever save to do equal and exact justice between the par they were cast, take them n:om that man. If the evidence fails ties. We have in the pending case a printed record of nearly to show for whom they were cast, then divide them among the 4,000 pages, a record encumbered by much testimony of an incom candidates under the rules of law. petent character, out of all which it has been a laborious task Now, gentlemen, I have not said one-tenth of what I ought to for the committee to whom the duty was assigned to sift the_ say. chaff and ascertain the truth. Realizing that it is impossible for Mr. GILBERT. What would have been the result if you had every Member of this House to go through the record, and tL.at_ thrown out the whole- precinct? many must rely upon the integrity as well as the judgment of the Mr. JOHNSON. If we divided them among the candidates, of indvidual members of the committee, any statement made should course the contestee would have been elected. bear the imprint of truth and be verified by the record. I have Mr. GILBERT. I mean the whole vote of that precinct. endeavored to give this case a careful examination and judicial Mr. JOHNSON. There were 94 precincts, and the Lord knows consideration, and have joined in the report of the majority not what the result would have been. I do not. In some of them the only because I believe it will receive the. support of this House, contestant beat the contestee three to one. In some of them the but because it meets my conscientious approbation and approval. contestee beat the contestant three to one, but their vote was Upon the intelligent voter and the purity of the ballot rests the • about equal in all those precincts where these alleged illegal votes security of government. A republic without intelligence, and that were cast. barring the three precincts that they have thrown out. of a high order, is a paradox and an impossibility. Under our l\1r. GILBERT. I understand the precedents of the House to system, with the elective franchise so freely extended. the con-. be that when there is so much fraud that you can not separate stant:y menacing danger is the ballot in the hands of ignorance, the legal from the illegal votes, sometimes the House has thrown supplemented by fraud and corruption at the ballot box. It be out the whole precinct and sometimes it has undertaken to elimi hooves us, therefore, to put the stamp of our disapproval upon nate the fraudulent from the legal votes. every act which tends to debauch the elector or defile the election. Mr. JOHNSON. When the House acts judicially, it endeavors A careful review of the election laws of the State of Pennsyl to purge the ballot box of illegal votes. Whenever it acts in a vania and the decisions of its courts thereunder serve to show partisan way, it throws out the precinct. that, by reason of its complex population engaged in operating Mr. GILBERT. What I want to get at is, under the proof, can its mines and embraced within the many populous cities which you eliminate the fraudulent votes from the legal votes? it contains, strenuous efforts have been made to protect the citi Mr. JOHNSON. There is no trouble in the world about it. zen in his right to vote and the State against frauds at the ballot Every man whose vote is alleged to be illegal is published, and the box. Yet this case illustrates how weak and impotent are the evidence upon which they expect to prove that his vote is illegal laws enacted in the face of careless action or designing fraud is referred to. upon the part of the officers chosen to execute them. Mr. GILBERT. And the party affiliations? . To fully understand and justly weigh the merits of this case it Mr. JOHNSON. Now, gentlemen, I have no personal feeling is important to understand the election laws of the Common· and no political feeling in this case. I want the House to do what wealth of Pennsylvania. The organic law, or constitution, fixes is right, and that is all. There were a great many things in the the following qualifications for suffrage: record that a man might have referred to, but I preferred to make an honest legal argument. Do you know why the contestee was ARTICLE VITI, SECTION 1, CONSTITUTION 1874. Every male citizen 21 years of aga possessing the following qualifications elected? That election took place in a district where 80 per cent shall be entitled to vote at all elections: of the voters were miners. First. He shall have been a. citizen of the United States a.t least one month. Mr. YOUNG. And on a strike. Second. He shall have resided in the State one year (or, if having pre viously been a qualified voter or native-born citizen- of the !::) tate, he shall Mr. JOHNSON. It took place just after the greatest strike in have removed therefrom and returned six months) immediately preceding modern times. You know something of the feeling that existed. the election. ·- The testimony shows that the contestant was a coal operator. Third. He shall have resided in the election district where heshalloffer to vote at least two months immediately preceding the election. The men who elected the Congressman from that district were Fourth. If 22 years of age, or upwards. he shall have paid, within two coal miners. Are you surprised at the way they cast their votes? years, a State or county tax, whicli shall have been assessed at least two If you want to throw out three precincts because of fraud, if months and paid at least one month before the election. 1904. CONGRESSIONAL RECORD-HOUSE. 1797
ARTICLE VIII, SECTION 7, CONSTITUTION 1874. the list of voters, tally list, and other papers required by law to be All laws regulating the holding of elections by the citizens or for the reg filed by the return judge with the prothonotary, and shall remain istration of electors shall be uniform throughout the State. on file therewith, in the prothonotary's office, subject to exami Article VIII, section 4, of the constitution of the Common nation as other election papers are. wealth of Pennsylvania, of 1874, provided that every ballot should It will be observed that under the act of May 28, 1891, and the be numbered in the order in which it was received, and the num act of May 16, 1895, the registry lists are completed by the assess bers recorded by the election officers on the list of voters oppo ors an~ deliver~d to the county comm~sioners on the .s~y-first day site the name of the elector who presented the ballot. It also preceding election. Thesearedenommated the'' Ongmalregistry provided that any elector might write his name upon the ticket lists," and the county commissioners thereupon proceed to make or cause the same to be written thereon and attested by a citizen out in alphabetical order a complete list of all persons returned of the district. · as taxables in said election districts and furnish the same on or This last provision of the constitution was stricken out in 1901 before 7 o'clock in the morning of election to the election officers by an amendment to the constitution as follows: and it is expressly declared that no man shall be permitted to vot~ AMENDMENT. at the election on that day whose name is not on said lists unless Strike out section 4: of Article VIII and insert in place thereof as follows: he shall make proof of his right to vote as hereinbefore required. "SEc. 4:. All elections by the citizens shall be by ballot or by such other Prior to July, 1897, a local statute of the Commonwealth of the method as shall be provided by law: Provided, That secrecy in voting be pre served." State o! Pennsylvani~ provided that in the county of Lackawanna collectiOn of taxes rmght be made by any collector by leaving the The election laws of the State of Pennsylvania, act of May 29, amount or a statement thereof with the employer of a citizen, 1891, provided that for the purpose of making the original annual and such employer could deduct the same from the wages due assessment and registration of voters in each of the election dis such person, and it constituted a good payment of the tax for all tricts of this Commonwealth it shall be the duty of each of the purposes. assessors who are required to perform any of the duties incident On July 15, 1897, the following act was passed: to the holding of elections and the registration of voters in the 4ifferent election districts of this Commonwealth to visit in per- PAYMENT oF TAX. son each and every dwelling house in his district on the first SECTION 1. That from and after the passage of this act it shall be unlaw- fu1 for any person or persons to pay or cause to be paid any occupation or Monday in May and the first Monday in December of each year, poll tax assessed ag:a~nst any elector, except on writte? and _signed order of or as soon thereafter as may be possible and practicable, and to such elector authonzmg such payments to be made, which wntten and signed make a list, in a book prepared for that purpose by the county ~i~~:Ud~\rt;, ~~~~~d at least thirty days prior to the date at which such commissioners, of all qualified electors that he shall find upon care- SEc. 2. That it shall be unlawful for any officer, clerk, or other person au- ful and diligent inquiry to be bona fide residents of his district. thorized to collect taxes and receipt therefor, to receive payment of or re- By the act of May 16, 1895, it is made the duty of the assessor fromceipt forany anyperson occupation other than or pollthe elector,tax, assessed except for upon State his or written county and purposes signed t.o make a copy of said original list, and on or prior to the fourth order authorizing such paym.ents to be made. Monday of May and on or prior to the second Monday in Decem- SEc. 3. It shall be unlawful for any j)erson to vote or attempt to vote at ber in each year to place a. copy on the door of or on the house any election upon a tax receipt obtamed in violation of this act. where the election of the respective district is required to be held This act~ it will be seen, provides that it shall be unlawful for and retain the original list in his possession for the inspection, free any officer to receive payment of or receipt for any occupation or of charge, of any person resident in the said election district who poll tax assessed for State or county purposes from any person shall desire to see the same, and it is also made the duty of said other t~~n the elector except upon his written or signed order assessor to assess from time to time, on the personal application authorlZlng such payments to be made, and further provides that of anyone claiming the right to vote, the name of such claimant, it shall be unlawful for any person to vote or attempt to vote andmarkoppositethename "C. V.,"and immediately assess him, upon a tax receipt obtained in violation of this act. noting, as in all other cases, his occupation, residence, the date Before ~nterin~ upon tJ;teir duties, the ele~tion officers, ins:p&~t of. his assessment, whether a boarder or housekeeper; if a boarder, ors, and Judges are reqmred to take an oath which provides, in With whom he boards, and whether naturalized or designing to substance, that they will not receive any ticket or vote from any be, marking in all cases opposite the name the letter" N.," "D.," person other than such as they firmly believe to be, according to or" I. N.," as the case may be. the provisions of the Constitution and the laws of the Common.; By section 3 of the act of May 16, 1895, it is further provided wealth, entitled to vote at such election without requiring such that after the assessments have been completed, and on the sixty- eviden~e of the right t) vote as is directed by law; that they will first day before the third Tuesday of February and on the sixty- use therr best endeavors to prevent any fraud, deceit, or abuse in first day before the Tuesday next following the first Monday of carrying on the same by citizens qualified to vote, or others and November of each year, the assessor shall, on the following day, in all things truly, impartially, and faithfully perform theh- du ~ake ~ return to t~e county commissioners of the ''original reg- ties respecting the same to the best of their judgment and abilities. Is try list'' thus reVlSed and completed and two exact copies there- By section 16 of the act of J nne 10, 1893, of the Commonwealth of, and the county commissioners shall thereupon proceed to make of Pennsylvania, the county commissioners provide for each elec ont a complete list in alphabetical order of all persons so returned tion district at every election therein two copies of the assessor's as taxables in said election district and to furnish the same to- lists of voters, one copy to be called the" Ballot check list" for getber with the necessary election blanks, to the officers of' the the inspectors in charge of the ballots, and the other copy' to be election·district on or before 7 o'clock in the morning of election. called the "Voting check list," to be used in marking the 'names and no man shall be permitted to vote at the election on that day of those ~ho have voted. whose name is not on said list unless he shall make proof of his By section 19 of .the same act it is provided that no persons right to vo~ as ~ereinbe~ore required. · othe~ than the election o~cers ~~voters admitte~ as here~after The quali.fi.cations requrred to be shown and the steps necessary proVlded shall b~ pernntted ~thm ~be guard rail, except peace to be taken by those who are not on the register list are contained officers .bY authority of the said electiOn officers for the purpose in section 10 of the act of January 30, 1874; and are as follows: of kee~~g order and enforcing the ~aw. . . - · On the day of election any person whose name shall not appear on the Section 21 of the same act prescribes the manner m which the registry of voters, and who cl!i.ims the right to vote at said election, shall vote takes place, and is quite material in the consideration of this produce at lea~ one qualifie<1: vo~r !lf th~ district .as a witness to the resi- case. It is as follows: . dence of the claunant m the distnct m which he claims to-be a voter, for the period of at least two months immediately preceding said election, which SEc. 21 . .AJJ.y person desiring to vote shall give his name and residence to witness shall .be sworn or affirmed, and subscribe a written or partly: writ- one of the election. officers in char~e.of the ballot, 'Yho shall thereupon an ten and partly printed affidavit to the facts stated by him, which affidavit nounce the same m a loud ~~:nd distin<_)t tone of vOice, and if such name is shall deffue clearly where the residence is of the person so claiming to be a found upon the ballot check list by the Inspector or clerks in charge thereof voter; and, in addition, the person so claiming the right to vote shall also he shall likewise.repeat the said name, and the voters shall be allowed tO take and subscribe a written or partly written and partly printed affidavit enter the space mclosed by the _guard rail, unl~ss .his right to vote is cha.l stating, to the best of his knowledge and belief, when and where he was born! lenged. No person whose name IS not on the sa1d hst or whose right to vote that he has been a citizen of the United States one month, and of the Com~ shall be challenged by a qualified citizen, shall be admitted within the said monwealth of Pennsylvania; that he has resided in the Commonwealth one g?3rd rail until he ~as establ}shed his right to a vote in the manner now pro year, or if formerly a qualified elector or a native-born citizen thereof and Vlded by law, and his name, if not on the check lists, shall then be added to has removed therefrom and returned; that he has resided therein six months both lists. n~t preceding said election; that he has resided in the district in which he By_ section 23 of the same act it is provided that no voter, not an cl~1ms to _be a voter for a period at least two months immediately preceding 1 ti ffi h ll srud eJection; that he. has not moved in the district for the purpose of voting e ec on O cer, s a be allowed to reenter the inclosed space after th:er~m; that he has, i! 22yearsof age, or upwards, paid a. State or county tax he has once left it, except to give help as hereinafter described~ Within two years, which was assessed at least two months, and paid at least Each voter:s name shall b h k d th t" h k 1' t b one month before the election; the said affidavit shall also state when and . e C ec e On e VO 1ng C ec lS Y where the tax claimed ~o be paid by the affiant was assessed and when, and the officer havmg charge thereof as soon as he has cast his vote where, and to whom pa1d; and the tax receipt therefor shall be produced for ~the manner now p~ovided by law. The same section also pro examinationl unless he shall state in his affidavit that it has been lost or de- VIdes that each political party shall be allowed to appoint three stroyed, or tnat he never received any. e1 ectors to act as watchers in each voting place, one of whom These ~ffidavits, under the same section, must be preserved by shall be allowed to remain in the room outside of the inclosed the electiOn board, and at the close of the election inclosed with space. The same section also provides that until the !!oils are 1798 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9, closed no person shall be allowed in the room outside of the in as his vote maybe proved byevidencealiende, and when so proved closed space except these watchers, voters not exceeding ten at may be counted. (See cases above cited.) any one time who are waiting their turn to· prepare their ballots, The general rule is that when the return is set aside both par and peace officers when necessary for the preservation of the peace. ties must prove their vote by other evidence, the court proceeding Under the constitutional provisions above set forth no person without reference to what appears upon the face of the returns. abo-ve 22 years of age can vote unless he shall have paid, within (McCrary on Elections, sec. 505, fourth edition.) two years, a State or county tax, which shall have been assessed Returns may be impeached by evidence of persons that they at least two months and paid at least one month before election. voted for a particular person at the polls to show that more votes By the act of May 16, 1895, provisions are made for the registry were cast for him than were counted and by evidence that unau of his name upon proof of his qualifications as a citizen and tax thorized persons participated in the election or count. They are payer, and when so entered upon the list he is prima facie entitled also impeached when fraud is shown in the reception of illegal to vote, and the voting list made thereform, in the absence of a votes and the poll can not be purged or when the evidence for any challenge, is conclusive upon the election officers of his right so reason discloses that they can not be safely relied upon. (Reed v. to do. In the absence of his name upon the voting list he is re Kneass,2Pars., 584; Bright's Election Cases, 366; Reed v. Ju1ian, quired by the same act to make proof of his right to vote, and 2 Bart, 822; Bell v. Snyder Smith, 247; McCrary on Elections, such statute expressly provides that no man shall be permitted to sec. 491, 4th edition.) vote unless such proof is made. To establish his right to vote Tested by these rules and principles in the light of the evidence independent of the voting list, if his name does not appear thereon, in this case, the conclusion seems inevitable that the returns from he is required by the act of January 30, 1874, above set out, to this district shou1d be rejected as unworthy of credit. We have produce at least one qna.lified voter in the district as a witness to seen how the voting list furnished the judges of elections is care his residence in the district in which he claims to be a voter for the fully prepared by the county commissioners. period of at least two months immediately preceding said election~ The composition of the board of elections will also be noted. which witness is required to be sworn or affirmed and subscribe Two judges and two inspectors are supposed to stand guard and to a written or partly written and partly printed affidavit to the protect the purity of the election. On the Saturday or Monday facts stated by him, and which affidavit must clearly define where preceding election two copies of the assessor's lists of vot.ers are the residence is of the person so claiming to be a voter. In addi delivered to the judges of elections, one copy, called the "bal tion, the person claiming to be a voter shall also make and sub lot check list," for the inspectors in charge of the ballot; the scribe to a written or partly written and partly printed affidavit other copy, called the '' voting check list,'' to be used in marking stating, among other things, where he was born, etc. the names of those who have voted. Any person desiring to vote These provisions of the statute of Pennsylvania are mandatory, must give his name and residence to one of the election officers m and have been so held by the supreme court of the State of Penn charge of the ballots, who must thereupon announce the same in a sylvania. In McDonough's case (105 Pennsylvania Statutes) it loud and distinct tone of voice; and if such name is found upon was held that- the ballot check list by inspectors in charge thereof, he shall like The vote of an elector not upon the registered list can not be received wise repeat said name and the voter shall be allowed to enter the without the form of the proof required by fue act. Such vote is illegal when space inclosed by the guard rail, unless his right to vote is chal tendered, and can not be shown to be a legal one on the subseque.nt investi gations into the election o:f the person returned, and this construction in no lenged. No person whose name is not on said list or whose right way infringes the constitutional rights of the voter. to vote is challenged shall be admitted within the guard rail un The object of the affidavit is to prevent fraudulent voting, and for this til he has established his right to vote. Until the polls are closed purpose it furnishes the :foundation for indictment for perjury, if false. The affidavit must therefore be sufficiently specific to show upon its face, without no person is allowed in the room outside of the closed space, ex reference to any other fact or circumstance, that the voter has the right which cepting the watchers, voters not exceeding ten at any one time he claims, and must be sufficiently ~ific to found thereon an indictment who are waiting their turn to prepare their ballots, and peace offi for perjury, if the allegations were Willfully false. cers when necessary for the preservation of the peace. This construction is affirmed and expressly approved by the I desire also in this connection to call particular attention to supreme court of Pennsylvania in Cusick's case, reported in 136 section 33 of the act of June10, 1893, which act, after defining the Pennsylvania Statutes, 459, which case also holds that the affida duties of the election officers and the particu1ar manner in which vit must be specific as to residence, taxes, and citizenship, and that the election shall be carried on, provides: a general affidavit averring the qualifications in the language of Any public officer upon whom the duty is imposed by this act, who shall the Constitution is insufficient. negligently or Wi:iifuiiy fail to perform such duties, or who shall negligently perform it in such a way as to hinder the objects o:f this act, or who shall An examination of the evidence shows that at least 350 of the negligently or willfully violB.te any of the pr«?visions thereof, shall be g!rllty affidavits filed by persona required to make proof of their right to of a inisdemeanor, and upon conviction shall be sentenced to be fined not vote independent of the registry list were defective, but the evi exceeding $1, Testimony of Marian Dominick, on pages 977 and 978 of the Alfonso Grandonetti testified, on pages 994 and 995 of the rec record: ord., as follows: Alfonso Grandonetti, called and sworn for contestant. :Marian Dominick, called and sworn for contestant. Direct examination by Mr. Holgn.te: Direct examination by Mr. Holgate: Do YO,!! ~vein th~ Third '!'a!d of Winton?-A. Yes, sir. .YoU!' name is Marian Dominick?-A. Marian Dominick. .. Tha.t lS m Jessup.-A. Ye~ Sir• . Where do you liveJ . You were born m Italy, were you?-A. Yes, sir. anterpreter.) . How old are you?-A. About 35 . . You live in the Third Ward of Winton?-A. In Jessup. . Have you got a citizen paper?-A. No. . That is in the Third Ward of Winton. isn't it?-A. Yes, sir. . Never had any?-A.. No . . And you work at the Dolph Colliery mines, do you?-A. Yes, sir. !Q. You voted at the election held last fall for the office of Congressman, . Born in Italy, was you?-A. Yes, sir. did you?-:-A. Yes, sir. . Got a paper, a citizen paper?-A. No. Q. Under what name?-A. I don't know; I never voted myself; another . Never had one?-A. No. fellow voted. . Never asked for one, did you?-A. No, sir. Q. What was the name they called you when you went there?-A. Jimmy . You remember last election day?-A. Yes, sir. Grand . . Was it on November 4, last November?-A. Yes, sir. Q. That is the name they gave you down there?-A. Yes, sir. . Now, what time did youlea.veyourworkthatday?-A. Yaybe4o'clock. Q. And you say another man marked your ballot2-A. Yes, sir; another . Four o'clock?-A. Yes, .sir. fellow with me na.me of Danty . . Did you go home from work at 4: o'clockJ-A. About 3o'clock.- .You voted for the ofiioo of Oongressman?-A. No. . Do you know Henry Lawler up there, the tax collector?-A. Yes, sir. . He marked your ballot, you went in?-A. Yes, sir. . Did you see him on that day?-A. Yes, .sir; he was there, and he called . Did he a.sk :you to go i.DJ-A. Yes sir. me. . Pulled you m there, did he?-A. Yes, sir. Q. Now what did he say to you?-A. He asked me in to vote, and I told . That is all. him I could notvote,andhesaid, "Go in anyway,.. and I went in and I voted. ~ Cross-examination by Mr. Howell: Q. Now, did he take hold of you when you wenttovote?-A. He was at th~ door, and he asked me in there. . .Who pulled you in there?-A. Fellow by the name of Danty. Did he go in with you?-A. Yes, sir. . (By Mr. Holgate.) Danty Chicolla?-A. Yes, sir. . Now wa.s he on the election board that day?-A.. Yes, sir. §. (By 1\Ir. Howell.) What time of day did you vote?-A. Oh, about 9 §. And he went into the room-went right mto the room with you, did o'clock, or 10 o'clock. he?--A. Yes, sir; took me in there. Q. In the morning?-A. Yes, sir. Did you take a ballot?-A. Henry ga.ve me a ballot. Q. Were there many in there then?-A. At that time the majority of them . Henry got it and gave it to yon'!-A. Yes, sir. wereitalians. · §. Now} when you got yoU!' ballot Henry and you went into that little .Were there many in the booth whenlou voted?-A. Yes, sir . room together. did you?-A. Yes, sir. . Why did you go down to the polls?- . They call me. Who made the mark on that ballot?-A. Himself. 8. Did you go down there to vote?-A. Yes, sir. . Who did'f-A. Lawler . Q. You went down there to voteJ-A. Yea, sil•; Danty called me to come §. Did he ask you how you wanted to vote-Lawler?-A. He did not tell and vote, and I went to vote. Q. That is all. me anything. :&ow, 12 o'clock and SO minutes postmeridian., the taking of depositions on . And then he marked the ballot, did he?-A. Yes, sir. to . Do you know whom you voted for that day'f-A. No~ I don't know. the .P~rt of the contestant is continued 1 o'clock and 15 mintrtes post- . Did Lawler tell you whom you voted for?-A. No, sir. merldian. · . Did he say anything about that?-A. Yes; he told me for the Socialist Now, 1.15 o'clock p.m., the takin~ of depositions on the part of the con Labor.~ . testant is continued, pUI'Suant to adjoUI'Dment. Q. DidyouseeBenniBettitherethatda.y!-A. Yes,sir. - Paul Marriot, pages 1000 and 1001 of the record, testified as fol Q. And did you see any other Italians around the poll.s that day?-A. Yes, sir; I see them, but I was only there a little while. lows: Q. Were there mant of them there when you saw them?-A. Yes; there Paul Marriot, called and sworn for contesta-nt. was around the polls, inside the polls and outside. Direct examination by Mr. Holgate: Q. Was Mr. Lawler and Mr. Elly talking to them?-A. Yes, sir. Q. Did you see any others taken into the voting place the same way that Where do you live?-A. Up to Je&>"llp. you was by Mr. Lawler or Mr. Elly?-A. No, sir. .. That is the Third Ward of Winton?-A. Yes, sir. Q. Any others that were in there while youwerethere?-A. Yes, sir; there . On what street. or r~ad do you live?-A. Well, I don't know the street. . Nor road.-A.9 Yes, Sir. was many of them. . Don't yon know the name of it?-A. Oh, the :Moosic Monntain road. Q. Did you see the men there whose names appear on this list? . Who is your nearest neighbor there?-A. Oh, Figgins's house. (List read by interpreter.) . That is not a. hotel or saloon?-A. No. Q. Bassillio Berdetti?-A. No, sir. . Isn't there a hotel or a saloon n€ru' you?-A.. Yes; I know there Ma.ra Q. Dominick Bresci?-A. No, sir; why, there was too many; I could notre zenni's; owns a saloon. member who they were there. IQ. How long have yon lived there?-A. Oh, I liv&-I go just in the first of . Peter Galli?-A. No~,.~- . Peter Spagoni?-A. ~ o, sir; I don't know him. the month now. . Dominick Spagoni?-A. Yes, sir. Q. Where did you live last N ovember?-A. Oh, last November I lived jnst . Dominick Gatti-Dominick Gottif-A. I don't know this man. a couple of months. . Eugen Coucuotte?-A. No. . Right in the same p4J.ce?-A. Same place. . Berdet Coucouette?-A. Yes, sir. . How long have yon l.ived up there in Winton?-A. Up here? . John Nari?-A. Yes, sir. . Yes.-A. Oh, I live e1ght years no. . FrederickNa.ri?-A. No, sir. . Where was you born?-A. In Italy. ~ . How old are you?-A. Thirty-three years. . Kachakik Ricci?-A. No. . How long have you been in this country?-A. Eight years. . Eusebia Pertucia?-A. Yes, sir. . Show me your citize.n paper?-A. Oh, I no got any. . Oeieste Partion.araf-A. No; I don't know him. . Nopaper?-A. No,mr. . Crime Partionara?-A. No. ~ Never had any?-A. No; I never got before. . John Dom.inicld-A. I know the first names, but I don't know their last . . You read and write EnglishJ-A. No. names. §. Have you got a. tax receipt?-A. No; I paid two times ago; Host receipt Q. That is all. now. Cross-examination by Mr. Howell: Q. Youhavenotpa.idanY.taxesintwoyears,haveyouJ-A. Ithinkoneyea.r. Q. Do you know what kin(l of a tax?-A. It was, I think, school ta.x.; I don't Q. You say you got home fromworka.bout 4o'clock-3or4:o'clock. What know. time did you get home from work; about what time?-A. Over about 3 o'clock. . School tax?-A. I don't know1 I think it was; I ain't StU' e. Q. Did anybody come to your house when you got home?-A. No, sir; I . CanyoureadandwriteEn~?-A. No; !can't. went out a.t the booth. . Did you mark your own ballot last fall?-A.. No I marked; another man Q. Did anybody come there to the house after you?-A. No. forme.~ Q. Now, what time did you go down to the boothf-A. Between 4 and half Q. Was there another man marked it for you?-A. Yes, sir. past 4. Q. Who was the man?-A. Oh, Lally's boy, the big one; I don't know his Q. Why did you go down to the booth?-A. For the reason that there was namet...he brought me to vote; he bring me. lotB of people there that day, and I thought I would go over there and see Q. vid he come for you?-A. Yes, sir. what was going on. · Q. Come to your house?-A. He asked me on the street; I stood on the street Q. Who was the first man that you met down there?-A. There was Benni and he said, " Come in and vote." Betti, and there was lots of them there. Q. What did you say to him?-A. I said, "I can't vote, I got no citizen pa Q. Where did you meet Lawler, the tax collector?-A. They were outside pers; I not a citizen myself;" and he said, "That is all right, everybody votes the booth. this year~" and he said, "Go in and vote." And I voted because he told me Q. You did meet Lawler there, did you?-A. Why, he asked me to go to to. I had no paper. . vote, and I told him that I could not vote, a.nd he took me in there. . This was Mr. Lally told :you that?-A. Yes, sir; big boy. Q. Did he push you in there?-A. Why, he asked me to go in and vote, and . What Lally are you talking about, now?-A. He butcher before. I told him that I could not vote, and he said "Go in," and I went, and told . And where does he live?-A. Oh, he lives in just that street where I live him something to the clerk; and he asked me what my name was, and then myself.~ th8: gave me a. ballot and went to mark the ballot. .Q. And did he keep a butcher shop?~A. No, not now; over in the moun . Did you mark the ballot in the booth?-A. No, sir. tams. . You said that Mr. Lawler wanted you to vote the Socialist Labor can Q. Do you know what his politics is?-A. No. didate. Did .Y~>n tell Lawler how to mark that ballot?-A. Why, I did not Q. Wa.s he a Democrat or a. Republican?-A. I don't know, I don't know I tell him anything, because I did not know how to read and write. He told don't know; he marked it himself; I did not know. ' me that he marked for the Labor-Sociality. . What was he himselfl-A. I don't know. Q. Are yon a Labor-Socialist? . And he asked you in there, did he?-A. Yes, sir. Mr. HoLGATE. Objected to; not cross-examination. . And you told him that you never voted there, did you?-A. Yes, sir• By Mr. Howell: . ~d you told him that you did not vote because you had no paper?-A. Yes,~ SIT. Q. How many Italians are there in that election distriet?-A. Many of . And that :you could not vote?-A. Yes, sir. them. . Andhesaid~.,"Goon,itmakesnodifference!"-A. Yes; hetoldmethat. Q. About how many?-.A.. Over 50; I .can't e:xa .You did vote?-A. Yes, sir. · . And that is the Third Ward of Winton?-A. Yes, sir. . Have you papers, citizen pa.pers?-A. No. . Who asked you to vote?-A. Americana . . Who told you to vote?-A. They took me in there. . Who was he?-A . Why, I was going down the road; fellow called me . ho took you in there?-A. I live right near there. over~ to go and vote, and I don't know him. . You live right near there. Some English fellow took you in there?-A. .Did yon ever see him before?-A. No, sir• Yes,~ sir. . You never saw him before?-A. No. Who was it'!-A. I don't know. . And you never paid any taxes, of course?-A. No. . Don't on know him? Did be mark our ballot for ou?-A. Fellow . Did ou vote onrself?-A. Yes, sir. too~ me in there and marked my ticke~ and I dJ:>n't know w~t be did. . Marked your ~llot yourself?-A. Yes, sir. They showed me where to Q. You did not ask any of the boa.ra to have this fellow go in there with vote,~ to make the mark, and I went inside and voted. you?-A. No. . Who showed yon?-A. Some fellow. Q. You were not challenged? Nobody challenged your vote-stopped yon . How many times did you mark your ballot?·· A. Once. from voting?-A. No. . Only once, hp at the top?-A. Yes. sir. • . Do yon remember where it was, about what oorner it was?-A. I don't Frank Caprai, on page 1022 of the record, testified as follows: know,~ of c6urse. Frank Caprai, called and sworn for contestant. Q. About the middle of the sheet?-A. Why, he told me to mark here, and Direct examination by Mr. Gilroy: that is where I marked. Q. Do you remember where that place was? Was it about the middle of Where do you live?-A. Jessnv. the sbeet?-A. The second. . You live in Jessnp?-A. Yes, str. . Are yon sure it was the second?-A. I ain't not sure. . Ion~ . How have you lived over in Jessup?-A. Fifteen months. . You are sure that it was not the first?-A. No; it was not the first• . Where did you live before that?-A. No before. . That is all. . When did you come over from Italy?-A. Fifteen months. o cross-examination. . Fifteen months over from Italy?-A. Yes, sir• ~ . Yon were born in Italy?-A. Yes sir. . And you are living now in the Thlrd Ward of Winton, up there in Jes The testimony of these witnesses, of which many like cases can sup?-A. Yes, sir. be found in the record, served to show. the gross carelessness and IQ. Did you vote at the election held up there on the 4th day of November, negligent manner in which the election was conducted by the 1902, la.st November, for the office of Congressman?-A. Yes, sir. Yon did vote?-A. Yes, sir. officers in charge. In this connection, also, I wish to call attention . Where did you vote?-A. At Tom Reddington's; yes, sir. to that portion of the statute of Pennsylvania requiring that the .. Have you got naturalization papers?-A. No. ballot boxes containing the ballots, after they are counted and de . How old are yon?-Twenty-five. . Who marked your ballot?-A. Yes, sir. posited therein, shall be securely locked, taped, and sealed, with . Who did?-A. Myself. the names of the judges written thereon in such manner that no . Marked it yourself?-A. Marked it myself. one can tamper with the boxes without leaving evidence thereof; . That is all. that the boxes when so sealed must be deposited with the nearest o cross-examination. justice of the peace, and upon this point James Conroy, one of the ILouis N eri, on page 1024 of the record, testified as follows: judges, testifies, on page 1095 of the record, that there were no Louis N eri, called and sworn for contestant. strips of tape put over the boxes in his election district; that there Direct examination by Mr. Gilroy: were no seals in any way; that the boxes were simply locked. . Where do yon live?-A. Jessup. . How long have you lived up there, Louis?-A. About eight years. This testimony is also confirmed by the testimony of P. W. Stokes, . How long have you been in this country?-A. Eight years. one of the commissioners, who was afterwards appointed to col . When were yon born, and bow old are yon?- A . I was born in Italy; 33 lect and impound the ballots by the United States district judge years.~ 1135 Q. Did you vote at the election held on the 4th of November for the office of Pennsylvania (found on p. of the record). He testifies of Uongressman, up at Tom Reddington's there?-A. Yes, sir. that the ballot boxes in the wards in controversy were not locked . Haveyonanynaturalizationpaperswith yon?-:-A. No; onetaxesthere. and sealed as required in the statute. . Have yon got a paper from the court, a naturalization paper?-A. No. . Who took you in to vote?-A. Nobody. Why, I was going for a growler The manner in which the election was conducted in the Third of ~beer, and a fellow met me on the street and he said, "Did you vote?" and Ward of Winton Borough is also shown by the testimony of James I said "No," and he said," Go on in there and vote;" and I went in there, and Conry, found on pages 1091,1092,1093, 1094, and 1095 of the record. he marked the card forme and gave it to me, and he said," Put it in there," and I put it in. He testifies, on page 1095, that no affidavits were made or filed Did you go in the little booth to vote?-A. Yes, sir. with the election board that day; on page 1093, that but one . You werein there?-A. Yes, sir; I don't know; be marked my ticket. challenge was made; that he saw Italians going in and coming §. Somebody handed you a paper, and yon just put it into the box?-A. Yes, sir. out. but that when the overseers would not pay any attention to Q. That is all. it he did not. . No cross-examination. In conside1ing the manner in which the election was conducted Michael Colleran, on page 1070 of the record, testified as follows: the statutes relating to the right of assistance should also be noted. Michael Colleran, called and sworn for contestant. It provides that if any voter declares to the election officers that Direct examination by Mr. Holgate. by reason of any disability he desires assistance in the prepara Your name is Colleran?-A. Yes, sir. tion of his ballot he shall be permitted by the judge of the elec . Yon live in the Second Ward of the borough of Winton?-A. Yes, sir. tion to select a qualified voter in the election district to aid him in .. What street or road do you live on?-A. Olyphant road. the preparation of his ballot, such preparation being made in a . Is there any cross street near yon?-A. One. . What is the name of it?-A. I don't know. · voting compartment. The purpose of this law is clearly appar . Is there a saloon or hotel near yon?-A. No. · ent, namely, to enable the honest voter, whom from physical dis . Schoolhouse or cburcb?-A. No. ability, or otherwise, needs assistance to secure it in preparing his . Or brea.ker?-A. No. · . Who is your nearest neigbbor?-A. Goorge Koto. ballot. He must so declare his need to the election officers. It Q. How long have you lived there?-A. Well, I have lived up in that ward should not be made the means where by unscrupulous men are per aboutI two years. mitted to enter the booth and see that the purchased vote is rightly How long have you lived in that district?-A. About the same. .. Where was you born?-A. Ireland. delivered . . How old are yon?-A. About 00. The testimony hereinbefore quoted shows that illegal voters, . Is your father alive?-A. No, sir• without any declaration whatever to the judges, were accom . Dead?-A. Yes, sir. . When did be die?-A. I was about 6 years old. panied by adherents of contestee into the voting booths, and in No~: as he in the country when he came here-when yon came bere?-A. truth did the voting for the foreigner who was indifferent as for I whom he voted . . Was be ever in this country?-A. No sir. . Let me see your citizen papers?-A. I haven't got any. In the face of the positive injunctions of the law as to the care . You voted at the elect.ion held on the 4th of last November for the of in the exercise of their duty, how, in the light of this testimony, fice of Congressman?-A. Yes, sir. can we conclude that an honest election was held? How could Q. That is all. the election officers on this record defend themselves from the Cross-examination by Mr. Howell: charge of negligently performing their duties; and if they can not, Q. I understood you to say that you came to this country with your fatner?-A. No. . it is folly to urge that conduct which subjects them to the penalty Q. Where was you born?-A. Ireland. of the law does not amount to such fraud as will vitiate their Q. Yon have your father's papers?-A. No, sir. returns? Angelo Groscelli, on page 1023 of the record, testified as follows: Mr. THAYER. Will the gentleman yield to me? Angelo Groscelli, called and sworn for contestant. Mr. BIRDSALL. I yield to the gentieman. Direct examination by Mr. Gilroy: Mr. THAYER. I want to ask the gentleman, who has just Where do yon live, Angelo?-A. Jessup. quoted from the Pennsylvania statute, if you find that it dh·ects . Is that in the Third Ward of Wintom-A. Yes, sir. that when a person finds that he is not on the register list and .. Born in Italy, were yon?-A. Yes, sir. . When were yon born there? How old are you?-A. Who-me? makes affidavit of his right to vote, the law directs that the offi . Yes.-A. Nineteen years old. cer shall place thos3 affidavits with the voting list and return . When will you be 20 years old?-A. No. them to the county seat-wherever they go? Is not that simply di . Notyet?-A. No. . At our next birthda you will be 20 years old?-A. Yes, sir. rectory; and if the officers should fail to do that, should you then . Di'lyon vote at the efcction held on tne 4th of November, 1902, for the permit the voter an opportunity to vote, and after voting, deprive office of Congressman?-A. Yes, sir. him of his vote? I. W}lere did y~u vote?-A .. I don't know; some place. . D1d you vote.-.A.. Yes. Slr. Mr. BffiDSALL. This provision, I will say in reply to the gen §. At Tom Reddington't!?-A. Yes, sir. tleman, has been held by the supreme court of Pen.n:;J:lv~nia to 1802 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9, be absolutely mandatory. There is no escape from the conclusion respo;nsibili~y ~or enacti~g · legislation. rests is short of a good of the authorities which I cite. workingmaJonty. I realize thatthosetimescome and that in such The evidence, to my mind, establishes such gross negligence times partisan action takes the place of judicial determination. and a willful violation of the law as to render their acts and re It has occurred in Democratic Congre ses and in Republican turns unworthy of belief in any tribunal worthy to investigate qongresses; but in this House, with the majority which the other them. It is difficult indeed, to find a single provision of the law Side now possesses, I can not for a moment consider that this that was not violated in some one of the districts in question. A question shall be dete:rmlned upon any partisan basis. And then few of these violations may be noted, as clearly shown by the Mr. Speaker, when we turn to the platform upon which Mr. Con~ evidence already alluded to and elsewhere found in the record, nell was nominated in the alleged Democratic convention we find name1y: ~ttle, it s~ems to me, to app~l to the gentlemen upon the other The reception of known illegal votes; side of this House. I am gomgto read portions of this platform. The appointment of a disqualified inspector; We recognize the necessity of cleansing our Commonwealth from the stain The denial of the right of assistance; that has come upon her b:y _tp.e unparalleled corruption of the boss rule of Qu.A Y .and~ subservient, dishonest to?ls, and denounce the corrupt methods The permission to accompany voters to the booths and mark by which thiS rule debauches the legislature and dominate every depa•·t• their ballots when no assistance was demanded; ment of State affairs for the purpose of securing "plums" for himself aild The acceptance of votes from nonregistered persons who made retainers, in total disregard of the interests of the honest people of this no affidavits; State. * * * We con~tnla.te the Democratic party in Lackawanna County upon the The reception of votes on defective affidavits; splendid VIctory achieved in the election of the ticket in 1901, and pledge our The presence of peace officers in the voting places; untiring efforts to elect the ticket this day nominated, and for this purpose we ask the cooperation of all fab.·-m.inded citizens in the county of La~ka The rejection of Republican watchers; wanna. The failure to seal the ballot boxes as required by law; The failure to deposit them as required by law; and I know if a Republican in my State should ever accept a nom The electioneering of one of the inspectors. ination upon a platform of that kind he would soon be put out of If such gross violations of the law as are shown in this case are circulation. permitted to stand and meet with our approval, then we may as Now, Mr. Speaker, there is another thing we should take into well desist in all efforts to enact laws for the pYotection of the c~:msidera?on in this matter, and that is the result of this lelec ballot. No man can with honesty be the beneficiary of such tion. This man-Mr. Howell-was forced to go upon a ticket frauds. Let us set a higher standard for the conduct of election of his own because of the difficulties originating in this alleged officers and keep as pure as possible the fountain of authority in Democratic convention, the details of which can not be gone into · this Government. in this short time. Mr. LITTLEFIELD. AB I understand it, the committee relied Mr. LITTLEFIELD. Was not Connell subject to the same on both propositions? embarrassment? Mr. BffiDSALL. The committee relied on aU these points, and Mr. WADE. No; he had the Republican nomination also. I desire to say that the gentleman who preceded me is entirely Mr. LITTLEFIELD. But before that convention he had that mistaken in saying that the majority of the committee rely on the embarrassment. character of the testimony that he refers to, and which is set out Mr. WADE Of course Connell was nominated by this'' rump'' in the minority report in determining the fact that an illegal vote convention, as it was called, but this is the result: At that elec was cast. A stronger rule was adopted by the majority of the tion every Democrat upon the ticket was elected, the governor committee than met with my approval. I think there is Sllfficient receiving in that district some 5,000 majority, and the other gen evidence in this record to establish the fact that between 1,500 and tleman upon the same ticket with Mr. Howell, I believe the judge 1,600 of these illegal votes were cast for Mr. Howell. [Applause of the orphans' court, received a majority of some sixteen hun on the Republican side.] dred v<;>~s, and those figure_s thro~ a vast flood of light upon the The SPEAKER pro tempore. The time of the gentleman has proposition I want to submit to this House. I am not going to expired. go through the testimony in detail or attempt to discuss the prob Mr. BIRDSALL. Mr. Speaker, I ask leave to extend my re lems with. '_Vhich the members of the. committee are necessarily marks in the RECORD. more famihar than I am; but I am gomg to present a proposition The SPEAKER pro tempoie. The gentleman from Iowa asks here which appeals tome as a lawyer as establishing not only that unanimous consent to extend his remarks in the RECORD. Is Mr. Howell is not illegally elected, but that many of the votes there objection? [After a pause.] The Chair hears none. hundreds of the votes, thousands of the votes, received by Mr: Mr. McLAIN. Mr. Speaker, I yield twenty minutes to the Connell were illegal votes. gentleman from Iowa [Mr. WADE]. Now, let us look at this thing. What is the report of this com ~. WADE. Mr. Speaker, of course what I shall have to say mittee? The report of this committee is that there are three in the brief time that has been allotted to me must be very gen precincts which have been thrown out. There is not any lawyer eral in its chara-cter. No lawyer can examine the record in this who can justify that result, and I have not time to refer to the case without feeling the utter helplessness of grasping the situa authorities; there is not any lawyer who can justify that action tion that is presented there in that district, the consideration of until it reaches a point where you can not find a respectable which is before this House. In the record here we have the testi number of legal votes in a precinct, and this has been repeatedly mony of some 7,000 witnesses and briefs and arguments of sev held by this House in Congressional contests. The next thing eral hundred pages. It is not necessary for me to say that I make that was done was to take 32 of these votes from these precincts no pretense of having read all of the evidence in this case, but I which had been eliminated and give them to the contestant. have read sufficient of the evidence in this c~e to convince me I do not deny the legal proposition that where yon throw out that from the time that this contestee, this young lawyer, just precincts the contestant may by competent proof establish the starting out in life, became an aspirant for this office that he has fact that there were legal votes there to which he is entitled· but been subjected to a series of outrages which are seldom equaled I say there is no lawyer who can read the testimony upon' this in electoral contests in this country. point from which this committee extracts 32 votes or squeezes 32 He was subjected to an outrage when the nomination which he votes-I S~J: there is no lawyer ~ho can read it and agree with sought was stolen from him; he was subjected to an outrage in the propoSition. I want to submit to you lawyers and you busi the character of campaign which he had tomeet; andifperchance ness men what you think of this sort of evidence: the report of the majority of this committee should be sustained James T. Flynn, sworn_ . Do you know Mike Hignay?-A. Yes, sir. by the gentlemen of this House, I say that that would be a grave . Whom did he support last fall?-A. Mr. Connell imposition upon his legal rights and upon the rights of the people _And Joh~ F. Loftus, you are acquainted with him?-A. Yes, sir. . Whom did he support:J-A. Connell. who elected him to this office. . John R. Evans?-A. Yes, sir; he was postmaster; he was a. Connell man· Now, at the outset, to make a few general observations, it is all he~ is dead. ' right to set up an ideal condition which we would like to see ex Q. John Grosh?-A. I don't know him. ist at every polling place, but this can not be realized, for we all I will not go further because that offers a fair sample of much know that there is scarcely a precinct in the United States in of the evidence in this case to show the fact that certain illegal which illegal votes are not cast at every election. votes were cast for Howell. Is there any lawyer here that would Election laws are strict. They should be strict, and in the contemplate for a moment that sort of evidence as being admissi weakness of humanity and the absence of information upon these ble in a court of justice from a justice of the peace to the Supreme laws mistakes will occur and in the heat of campaigns wrongs Court? But they have not only taken these 32 votes, for that will be done by the overzealous friends of candidates, so we must leaves only a margin of 8 to work upon, which they knew could not try to measure up to the ideal of a condition which would be not be sustained under that evidence. There were in that district desirable if it'were practicable. Now, I do not see what there is 2,002 illegal votes cast. to be expected here in the nature of partisan feeling. I have not Mr. DRISCOLL. May I ask the gentleman a question? been in this House long enough, perhaps, to understand these Mr. WADE. Certainly. things. I realize that times come when a party upon whom the Mr. DRISCOLL. Has the gentleman read the evidence? 1904. CONGRESSIONAL RECORD-· HOUSE. 1803 ' Mr. WADE. I stated at the beginning that I had not read all same character all the way through. In every witness's testi the evidence. mony, as soon as that question was answered, as though he were :Mr. DRISCOLL. Has the gentleman read our report? examined by a diagram and a square and compass, the examina Mr. WADE. Yes; I have it in my hand. tion is chopped right off. Mr. DRISCOLL. Does the gentleman know how the vote [Here the ba.mmer fell.] _ would stand if all three districts were thrown out? Mr. McLAIN. Ml·. Speaker, I yield the gentleman five min - Mr. WADE. Ai3 I understand the report, Connell would have utes more. a plurality of 8. Mr. WADE. Now I will make the point without further ex Mr. DRISCOLL. Connell would have 24. amining the testimony. There is in this recoFd, following it fur Mr. WADE. Now; let me ask if the gentleman from New ther, instance after instance where counsel for Mr. Howell asks York has read all the evidence? the witness for whom he voted and where counsel for Mr. Con Mr. DRISCOLL. No, I do not claim that I have. [Laughter nell objected to the question, and not only objected, but told the on the Democratic side.] But I have read some of it. witness that he did not have to answer the question. Not only Mr. WADE. I want to say, Mr. Speaker, that I shall be very that, but told the commissioner that he must tell the witness not glad if any gentleman will call my attention to any misstatement, to answer. Not only that, but the commissioner undertakes to because I am liable to be mistaken in regard to these figures. I rule upon evidence and tell the witness not to answer. What want to adhere to the facts as presented by the report. does that indicate? Now, there were 2,002 illegal votes cast in this district. What Why, it indicates-the rule which is well recognized in these is the situation? We have a contest here in which one man has cases and in all cases-that where a man seeks to suppress the 24 majority and a vote of which there are 2,002 illegal votes cast. evidence, where a man destroys a paper, where a man refuses What happens in a case of that kind? Legally, what is the rule? to call to the stand and examineawitnesswhois within his reach, Why, the general rule is in courts that these illegal ballots shall the presumption obtains that that witness, if examined, or that be taken from each side proportionately. Isn't that right? But question, if asked, would be against him. That rule is applied in in bodies that have the power to order a new election this rule is every court of the United States, and I wi~h to close now by show not followed. Where it affects the result of the whole election it ing that it has been applied by this House in the I Ellsworth, at is declared void, and the parties are subjected to a new election. page 122, in election contest of Finley v. Bisbee. Is not that the rule? I Will refer, as an authority for that propo Contestee shows by proof that 74 foreign-born persons voted without com sition, to the contested-election case in 1 Ellsworth, pages 93 and ll~}'ing with section 3, Al·ticle IV, of the Constitution. Fifty-three of these tes 94, and also to McCrary on Elections, section 496. McCrary says: tify themselves that they voted for contestant, four others that theY. voted the whole Democratic ticket. Seventeen others are called and testify that This is probably the safest rule that can be a.dopted in a. court of justice, they voted without producing the necessary certa.fl.cates. Ther were asked Where there is no J>OWer to order a new election and where great injury by contestee for whom they voted for Congress, and were told by the con would result from declaring the office vacant, but it is manifest that it may testant's counsel they were not required by law to disclose that fact, and sometimes work a great hardship, inasmuch as the truth might be, if it thereupon they refuSed to answer for whom they voted. We are of opin could be shown, that all the illegal votes were on one side, while 1t is scarcely ion, their votes bein~ illegal, they were bound to answer, and refusing to to be presumed that they would ever be divided between the candidates in do so at the suggestion of contestant's counsel is very strong presumptive exact proportion to their whole vote. But the rule which, in the absence of evidence that they voted for contestant. . :proof as to how illegal votes were cast, would deduct them all from the ma JOrity candidate is much more unreasonable and dangerous. Of the two So in a case reported in Mobley before this House-a contested· evils the least should be chosen. We see here, 110wever, bow important it is election case-the same rule is laid down. that it should, if possible, be made to appear, either by direct or circumstan tial evidence, for whom each illegal vote was cast. Gentlemen, if you will examine fifty pages of this evidence and In a legislative body having power to order a new election, and in any observe the guarded care with which the contestant avoids open other tribunal having the Eame powe1•, it will doubtless generally be re ing the door for the admission of the fact as to whom these illegal garded as safer and more conducive to the ends of justice to order such new votes were cast for, you will reach a state of mind which would election than to reach a result by the application of the rule above stated. force you, if yon were upon the bench deciding the question, to This rule is sustained by the action of this House. But now I am say that the presumption is that these men voted for this man, • passing beyond that proposition. I say that the most that could because otherwise they would have been asked how they voted or be done would be to declare the seat vacant. But it ought not to the evidence would have been permitted to be introduced when be declared vacant, because here ar.e over 1,800 illegal votes, and an answer was sought to that question. Yet there are now more they say there is no evidence for whom they were cast. I want than 1,800 of those witnesses summoned by the contestant who to show you from the record in this case tba.t there are sufficient are in that situation. Eighteen hundred illegal votes; yet the. facts and circumstances to indicate to any reasonable man that counsel who examined those witnesses did not dare to ask them the they were cast for Connell. I want to say it in as brief a way as question! I can. We lawyers understand that fraud is hard to prove. It Mr. COOPER of Pennsylvania. Will the gentleman permit me must be proven by facts and circumstances, and sometimes the to ask him a question? facts and circumstances must be very slight. Mr. WADE. Yes, sir. You will find here at the beginning of the first volume of the Mr. COOPER of Pennsylvania. Will the gentleman state the evidence-and it is about the same all the way through-a sample date of that decision that he has just been quotfug-the decision of what I want to call the attention of the gentleman to. After of the court of Pennsylvania? this contest was commenced-there were six or seven thousand :Mr. WADE. It is not from a Pennsylvania court, but is are witnesses to be examined-the contestant goes out there and, as I port of a committee of this House on a contested-election case. am informed and the record shows, starts in to take testimony in Mr. COOPER of Pennsylvania. Then I will ask the gentleman three or four places, inquiring into the validity of these votes. whether he is aware that an act of-1895, known as the" ballot law Now, let us see the nature and character of this testimony. I read of Pennsylvania," prohibits the voter from disclosing how he from the first page of the first volume of the evidence of William voted and makes it an indictable crime for him to do so? R. Davis. He was asked where he lived, etc., and says he is a Mr. WADE. But it has not been held- single man; and is asked how long he lived in Lackawanna County, Mr. COOPER of Pennsylvania. I ask the gentleman whether and says he lived there twenty-two years. He is asked if he paid he is aware of that act of 1895, in force when that election was any taxes, and he said, "No;" and therefore he was disqualified held, making it a crime for the voter to disclose for whom he from voting: voted? Q. Did you vote at the last election., held on the 4th day of November, 1902?- Mr. JOHNSON. That applies to a legal voter; not to an ille A. ~o, sir. gal voter. Q. You are positive about that?-A. Yes. Mr. WADE. Icouldreadfromauthorities,ifihadthetime Then, coming down to the next witness: Mr. COOPER of Pennsylvania. My question was as to whether Q. Have you any tax receipts?-A. I have, but lost them. the gentleman knew of the statute of Pennsylvania to which I Q. Did you vote at the last electionJ-A. I did; yes, sir. referred. Just as soon as the witness said that he voted at the last elec Mr. WADE. I know there is some such statute of the State of tion-and that is pursued here through hundreds of pages-the Pennsylvania, but there is not any statute, to my knowledge, which counsel examining the witness stops and does not pursue his legal prevents an inquiry from a man who has shown he is not a legal right to ask that witness for whom he voted. voter, but is a violator of the law. Now, we all know that in the ordinary course of events this did Mr. Speaker, I appeal to the fairness and the justice of the not disqualify this witness from objecting to the question on any gentlemen upon the other side in behalf of this young man who ground except that it might incriminate him-a privilege which has been forced into this lmequal contest. Did time permit I he might waive-and every lawyer knows that if contestant did would like to discuss these questions further, but I have said not feel there was danger in asking him who he voted for, he enough. It seems to me to indicate that the claims of the con would do so. Nay, more, if he were not convinced that the an telStant are based upon illegal votes, and that it would be rank swer would be that he voted for his client, th~ lawyer would have injustice to seat him a.s a Member of this House. asked him. But it even goes further than that. I have examined Did time permit I would like to go into the evidence showing page after page and witness after witness, and they are all of the the manner in which Connell secured his votes, and it i-Ii a chapter 1804 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9, in the evidence which should condemn the course of this. contest of all the votes that were cast at those polling places, failed to ant before this House or before any other tribunal. perform their sworn duty under the statutes and the constitution Mr. DRISCOLL. I should like tJ ask the gentleman a question, of the State. if he will yield. In the Second Ward of Winton more than one-third of the men The SPEAKER pro tempore (Mr. BouTELL). The time of the who voted were not on the list of registration and did not make gentleman has again expired. . an affidavit. In the Second Ward of Winton almost one-half of Mr. WADE. I ask unanimous consent to extend my remarks the voters were not on the list of registration. In the first dis in the RECORD. trict of Old Forge more than one-third of all the votes that were There was no objection. cast were cast by men whose names were not on the list of regis Mr. DRISCOLL. I yield to the gentleman from New York tration, and not a single affidavit was filed. Why, what evidence [Mr. STERLING] thirty minutes. is necessary? Is it necessary to prove that these men knew the Mr. STERLING. Mr. Speaker, it seems to me that this dis law, when they said on their oaths that they knew it and that cussion ought to be confined to the questions that are made in this they would follow it? They say," Why did not .the contestant record. The remarks made by the gentleman from Iowa have produce these officials of election on the witness stand to testify not been based to any extent upon the record that was before this whether or not they violated the law?, committee and is now before this House. I can not understand 1 say to yon, gentlemen representing the contestee in this case, what the· platform which the gentleman read has to do with the why did you not produce them in court? Why did you not bring question that this House has to decide. them into court and prove by them that they did follow the law? In this great mass of testimony there are but two questions of We could not compel them to testify if, as we say or as the con importance-but two questions that need be considered by any testant says, they violated the law; but if, as you say, they followed Member who is called to vote on the issues that are here made. the law, yon could have compelled them to testify. So I say to This discussion ought not to go beyond those questions, because you that it is too late in this proceeding-the time has gone by what is said outside of the record simply misleads instead of giv when yon can say that the officers of this election were not called. ing information of the real issues. The record, which was the best evidence in any court and the best One question, and the important one, it seems to me, in this evidence in any committee, showed for itself that these names case-the one that practically determines whether the contestant were not on the list of registration, that they made no affidavits, or the contestee is entitled to this seat-is involved in the testi and this record shows that these men did vote. mony contained in the record with reference to the First and Sec Now, if this ballot is tainted, if there are a large number of ond wards of Winton borough and the first district of Old Forge. illegal votes, what should be done? The gentleman from South In those three precincts the contestee received a majority of the Carolina said the law is that this ballot must be purged. He said votes as they were returned-a majority of 453. It is charged by that the law required that the illegal votes be sifted out, so as not the contestant that these returns are so tainted with fraud, that to deprive any lawful voter of the right to cast his ballot. Well, the misconduct of the officers of those precincts was so reckless that is the law; and the courts say and committees have said that and so lawless, that these returns should be thrown out, and the where a ballot is so tainted with fraud that it is impossible to find entiJe vote, unless there be votes proven aliunde for one of the out the truth, to discover who voted legally and who voted ille parties or the other, should be rejected. gally, then the entire poll must be thrown out. But whose duty Tho law of Pennsylvania under which these officers acted-the is it, in case the legal votes can be determined, in case it may be statute taken in connection with the construction of the statute di.Ecovered who voted rightfully and who voted wrongfully-whose by the highest court in that Commonwealth-is to the effect that duty is it to purge the ballot and give to the citizen that voted these officers shall take an oath-and these officers did take an rightfully and under the law his right of franchise? It is a serious oath-that they would not receive and would not consent that any proposition, but the law does not impose upon this House or this other person should receive any ballot except from a person who committee that heard this case the burden of purging the ballot. lmder the constitution and the statutes was entitled to vote at When the contestant alleges the ballot is tainted with fraud, that election; that is to say, the officers of that election said on and when he bas proven his allegation as set forth in his notice of their oath that they knew the law of Pennsylvania and that they contest in this case, then he can rest, if he cares to, and the bur • would obey the law. den shifts, where? The burden shifts to the contestant to prove And we have a right to assume that they knew it, and gentlemen the votes that were cast legally for him and to the contestee to can not say on the floor of this House that these men might have prove the legal votes that were cast for him. been mistaken; that they might have misconstrued the law; that Now, we are not in the dark on this proposition. We have perhaps they did not know their duty. They said on their oaths abundance of law as to the question where the burden of proof that they did know their duty under the law, and they were bound rests in that case. I want to read some citations which I have tlllder the law to perform it. gathered here on this question, which seem to me to entirely an The statute of Pennsylvania says that no man shall be entitled swer the controversy made by the gentlemen representing the ro vote at any election in that State unless his name is on the list contest~e as to whether or not this ballot could have been purged, ~f registration or unless he makes an affidavit proving his qualifi and whose duty it was to purge it. ~tions as a voter. And it is no hardship. The man whose name In the contested-election case of Washburn v. Vorhees, reported is on the list of registration is bound to make the same proof, and in 2 Bartlett, page 590, is the following: if a voter neglects to get his name on the list of registration is it a If fraud is clearly shown to exist to such an extent as to satisfy the mind hardship on him to require of him, when he presents himself at the that the return does not show the truth, and no evidence is flll'Ilished by voting place, the same proof as was required of every man whose either party to the contest from which the truth may be deduced, then no name was put upon the list of registration? alternative is left but to reject such returns. Did they do this? I say that this record shows that in the The record is made in this case. These parties, both of them, Second Ward of Winton there were 80 ballots cast at that elec have had their day to take their testimony. The statute of Penn tion by men whose names were not upon the list of registl.-ation. sylvania prescribes that the contestant shall have forty days to In the Third Ward of Winton there were eighty-three names put in his testimony and the contestee shall have forty days to put eighty-three persons who cast ballots at that election whose in his testimony, and I say to you that the record is that the con names were not upon the list of registration. At the first district testee in this case devoted but eleven of his forty days to the tak of Old Forge, out of a vote of 418, there were 158 men who voted ing of testimony. He had abundance of time; he had the power whose names were not on the list of registration, and in not one of the law right there in that district where the election was held. of these precincts-where over 800 ballots were cast, where more He had commissioners provided by the statutes of the United than 300 persons voted whose names were not on the list of regi~ States before whom this testimony could be had, before whom it tration-was there a single voter who made an affidavit that he was could be taken; and if he wanted to purge the poll and prove for a qualified voter at that election. Now, how is it possible for these himself, for his benefit, the legal votes cast for him in these three officers of election to say they did not know the law when they precincts, then I say he was bound to do it, and he can not com swore that they would consent to receive no ballot except that of plain now. He is estopped from coming before this House or the a voter who was qualified under the constitution and the laws of committee that has heard this case and arguing the ballots ought the State to cast his vote at that election? They had the regis to be purged. Again, in the case of Finley v. Wall, reported in tration list before them. Smith, page 389, it is said: The law said that when a man presented himself at the polling Where returns are cast out for fraud, the party claiming under the elec place and offered to vote the officers of election should refer to tion- the list of registration and see if his name was on that list, and if it was not on that list they must refuse to accept his ballot. And the contestee in this case is claiming a majority of 453 in Then, if he cared to make an affidavit, if he cared to prove that these precincts in this election- he was a legal voter, he could make an affidavit, and then vote. The party claiming under the election most prove the actual vote in some Yet these officers in more than 300 instances, in almost one-half way. 1904. 1 CONGRESSIONAL RECORD-HOUSE . .- Again, it is said in Clayton v. Breckinridge, reported in Rowell, complaining of the character of the evidence, and I desire to call page 691: his attention now to the testimony of the very witness from which When returns are impeached, they can not be received for any purpose, he read, Mr. Flynn, who testified that some of these persons who but only t hose votes proved aliunde can be counted. Each party can only voted legally in these precincts had voted for Mr. Connell, and be credited with such votes at the box in question as he may show by other that same witness was asked by the attorney for the contestant evidence. for whom he voted, what his politics were, and the contestee ob Again, in another case, this language is used: jected and instructed that witness that he need not answer. When returns are shown to be false, the respective parties are thrown ltfr. LITTLEFIELD. So the objections were mutual? back on such evidence as it may be in their power to produce to show for Mr. STERLING. Yes, sir. Both the contestee and contestant whom votes were cast. Votes thus proved must be counted; those not proven seem to have tried this case on the theory that a voter was not must be disregarded. permitted and could not be required to testify as to how he voted, The books are fnll of decisions along that line. Any sugges and the pages of this record are full of objections made by counsel tion that may come from any gentleman speaking for the con for contestee when contestant sought to prove by a witness as to testee to the effect that the committee should have prorated the how he voted. I say the record is full of objections and instruc illegal votes between the contestee and the contestant according tions from their mouths to the witnesses to the effect that they to the total number of the votes that each received, or the propo were not required to-- sition that all these illegal votes should have been counted against Mr. LITTLEFIELD. Make that statement. the contestee in this case, is purely a fiction. I say there is no Mr. STERLING (continuing). l\Iake that statement as to how law anywhere, at least so far as I have been able to find, that they voted. So he is estopped now from complaining that the evi authorizes any such proceeding in disposing of the illegal votes. dence in this case as to how these men voted did not come from Now, I submit to any gentleman here, Why ought we to charge the mouths of the voters themselves. He told these witnesses up all these illegal votes against the contestee? We do not know that they need not disclose that fact, and witness after witness whether all of them were cast for the contestee or not. Why took advantage of the instruction and this information as to what should we charge any of them against the contestant? We do their rights were under the law and refused to tell under the in not know whether any of them were cast for him or not, except structions of counsel for the contestee as to how he voted. as the record shows by aliunde proof. But suppose there were no Mr. JOHNSON. Mr. Speaker, may I ask the gentleman a ques other fact. Suppose that there were frauds and a number of tion? illegal votes were proven. What right have you to charge an The SPEAKER. Does the gentleman from illinois yield to the illegal vote against any man or against either of them unless the gentleman from South Carolina? record discloses for whom the illegal vote was cast? Mr. STERLING. Certainly. You can not do it. It is purely a fiction, and it is an arbitrary Mr. JOHNSON. Is it not a fact that the record shows that the proposition that has no foundation in the law and no fOtmdation contestee's coumel, wherever the question was asked how the in reason. The law, so far as I have been able to find-and I think witness voted, said to the witness that he need not answer the it is the law everywhere in this country-is that where a ballot is question: that it was his privilege to refuse? tainted with fraud, where it is corrupt, where misconduct and Mr. STERLING. That is what I have said the record shows. illegality on the part of officers of the election show that illegal Mr. JOHNSON. And is it not a fact that the contestant's votes were cast, it is the duty of the tribunal passing upon that counsel instructed the witness not to answer? In other words, he contested case to cast out the entire ballot and say to the parties. did not stop by telling him it was his right to keep secret how he as the law says to them: Now, if you care to, you can prove for voted, but he told him not to tell. yourself, you can prove for your own benefit, any illegal votes Mr. STERLING. That is not the record. I do not pretend to which were cast for you. · say what the counsel for the contestant or the counsel for the Mr. LITTLEFIELD. You mean any lawful votes. contestee said in each instance all through this record, but I say Mr. STERLING. I mean any lawful votes that were cast for that the objections and reasons for the objections and the instruc you. Now, the contestant did undertake to prove by aliunde evi tions to the witnesses and the reasons they gave for giving the dence some legal votes cast for him. There is considerable testi witnesses instructions were substantially the same on both sides mony in this case here by the contestant to the fact that a large through all the pages of this record. This is the point I desire to number of persons in these precincts, voting legally, had cast their make: You having tried this case on the theory that the voters ballots for him, and the committee determined that there were at themselves could not be required to disclose how they voted, you least 32 of them proven to the satisfaction of the committee. can not complain now that that kind of evidence is not before this Did the contestee avail himself of the privilege under that provi committee and before this House. The Lord knows that we sion of law? Did he call a single witness to prove his legal votes would have been glad to have had it; but you have placed your in those precincts? If he did not, and the record shows that he selves in that position, and why now should you complain? did not, then I say that it is too late; he is estopped now from Now, in reply to the question of the gentleman, I want to call complaining of the fact that the ballot was not purged entirely. your attention to the testimony of the witness read by the gentle Mr. LITTLEFIELD. Was any request made to give him op- man from Iowa. It is convenient here now to call attention to portunity to do that? the position taken by the counsel for the contestee on that very Mr. STERLING. By himself? question by this very witnes3. I am quoting from the testimony Mr. LITTLEFIELD. Yes, or on his part. of Flynn. The counsel for the contestant asked what was his Mr. KENNEDY. He had forty days and only used thirty-one politics-that is, the witness's politics: He asked," Do you know hours for taking testimony. James Flynn?" That is the witness himself. He said, " Yes." Mr. LITTLEFIELD. Did not make anv effort? He was asked, ''What is your politics?" The witness answers, Mr. LANNING. May I interrupt to ask the question as to "Mine?" And the question is, "Yes; yours." Mr. Ballentine, what evidence there is in the case to support-- attorney for the contestee, says, "You don't have to answer that 1\Ir. RANDELL of Texas. Mr. Speaker, we can not hear what question if you don't want to." I am reading on page 26 of the is going on over there-- views of the minority. a little above the middle of the page. That Mr. LITTLEFIELD. That is, by what kind of evidence the is .the witness that the gentleman from Iowa read from on that 32 votes were supported? same page. Mr. STERLING. I will consider that now. The gentleman from Iowa also said this is the character of his Mr. KENNEDY. The testimony in some cases was the testi testimony, and he read as follows: "Patrick J. Walsh; do you mony of the man who marked the ballot of the legal voter. know him?" "Yes." "Was he supporting Connell?" " Yes." Mr. RANDELL of Texas. Mr. Speaker, we would like to Now, that is not all the evidence of James Flynn. The evidence know what is going on on that side of the House; nobody can hear farther down on the same page, on cross-examination of Flynn, is, · except two or three on that side. "Are you attempting to tell whom these men voted for?" And The SPEAKER. The point of order is well taken and gentle the witness says, ;, Yes; the men told me so." men interrogating the SIJeaker will kindly address the Chair. Now, the question is whether or not the declaration made by the Mr. STERLING. The question arises what kind of testimony voters themselves is competent to prove how they voted. If the is competent to prove how a vote was cast. Where the ballot is ballot does not disclose the facts, if the witness himself is notal secret, the ballot does not disclose the fact. What is the next best lowed to testify, where are you going for proof as to how this or evidence? The party who casts the vote, and in that regard I de that man voted in any election? Is it impossible to purge the bal sire to call attention particularly to the statement made by the lot for the reason that these two classes of evidence are barred gentleman from Iowa, that in the pages of this record it appears under the law? The next best evidence, and the only evidence that when the contestee had asked witnesses as to how they had that is left for any party in a case of this kind. is to prove what? voted the contestant interposed an objection and stated and in Why, to prove what the voter said, prove his declarations, prove structed the witness that he need not answer. We are not com what political party he belongs to. plaining of that. The gentleman representing the contestee is Mr. YOUNG. Will the gentleman yield for a question? r 1806 CONGRESSIONAL RECORD-HOUS~.' ]fEBRUARY 9, Mr. STERLING. Certainly. and he knows that if he tells the truth, if he testifies for whom Mr. YOUNG. When the witness from his own testimony has that ballot was cast, then it will be taken away from the man for shown that he was not a legal voter, does not his privilege of secrecy whom he voted. cease, he being no longer a voter? But if he testified falsely about it, if he testifies that he voted Mr. KENNEDY. He has the privilege of not being compelled for the other man, then hiS illegal ballot will not only be counted to furnish evidence to convict himself. for his friend in the contest, but one will be taken away from the Mr. STERLING. There is one reason why a legal voter is not other party, thus giving to the illegal voter, if his te timony as bound to disclose how he voted, and that is the fhct that it is a to how he has voted is made competent, the power, in effect, to searet ballot, and the law expressly says that he does not have to cast two illegal bal!ots at the same election. This is a trong in tell that fact. But when the man is an illegal voter there are two ducement to the ccrrupt voter to testify falsely with impunity rea ons why he does not have to tell how he cast his ballot. The and without fear of the consequences of perjury for the 1·eason first one is that the law provides that no man, whether an illegal that the actUal fact is known on1y to himself. or a legal voter, has to tell how he voted, and the other one is, be Now, there is just one other matter to which I desire to refer, ing an illegal voter, having committed a crime, he does not have and that is this: There are, according to the a:lmissions of coun to testify for the reason that he does not have to criminate himself. selfor the contestee in this case, more than 1,000 illegal votes out Permit me to read from some very well-considered cases the side of these three precincts. More than 1,100, it is charged by rule as to the admissibility of declarations of the voter as to how the contestant, voted illegally for the reason that they had not he voted. In Vallandigham v. Campbell (1 Bartlett, 231) the paid their taxes under the statute, as is required, before election, Hon. L. Q. C. Lamar in an opinion says: and the counsel for the contestee admitted that there were about The Ame1'ican cases ha. ve, indeed, been mainly directed to the question of 800 of them; and I saythatofthe418votesthatwerecastonillegal receiving the declarations of voters. As to the latter, and besides several affidavits, counsel for contestee admitted that at least 300 of them prior cases, the point was expressly and deliberately decided in the great were illegal, and thus it is with the 800 illegal ballots in the three New Jersey case in 1S!O, usually- known as the Broad Seal case, and the evi dence was unanimously received and a number of votes determined upon it. wards I have named where they are tainted with fraud; and with This precedent has been generally approved ever since, and the undersigned more than 1~000 illegal ballots elsewhere in the dist1ict, we have attach more importance to it than usual, because it was unanimous in a highly more than 1,800 illegal ballots in that district. partisan case, and because o! the great ability and distinction of the gentle men who composed the committee. The same rule of evidence as to the dec· Something ha~ been said by the gentleman speaking for the con la.rations of voters, both as to qualifications and vote was deliberately adopted testee to the effect that there was a. presumption in this case that by the legislature of Maryland in 1819, as also in the 1egislatureof other States had to be overcome by the contestant, and that that presumption and com·ts having special jurisdiction to try contested elections. As to a number of voters whose declarations are given in evidence, it ap· was that the certificate of election imported ve1ity in this case. I pears upon the papers and testimony that their attendance as witnesses could say that where the contestee obtained only 461 plurality by the not be procured. But it is not necessary in such cases to first call the voter returns, and where the contestant has proceeded and proven be and see if he will claim his privilege of refusing to answer. It was not done in any of the cases decided by the British Parliament. It is not necessary in yond question, beyond doubt, that more than 1,800 of the ballots settlement of cases where tlie declarations of the parishioner may be given cast are illegal, that presumption is destroyed and overcome, and in evidence (1 Greenleaf on Evidence~ sec. 175), and the Supreme Court of then there is no further burden on him to overcome a presumption the United States has expressly deciued that where a. witness can not be compelled to answer he need not be called. (6 Pete1·s' Reports, 352, 367.) that the election certificate imports a verity. On the contrary, the proof in this case made by the contestant in this regard does not In the case of Delano v. :Morgan the committee held as follows: only overcome that presumption, but it proves absolutely and be As both parties claim that a. large number of persons not qualified electors yond a doubt that this election ce1'ti.ficate does not import a verity. voted at this election, it is necessary to determine what evidence shall be What is a presumption? This is not a. conclusive presumption. taken to show for which candidate such votes were cast. For whom a vote It is not a presumption that requires proof beyond a reasonable is given, by the laws of Ohio, is a secret properly known only to the voter himself, and he is never required to disclose it. This fact must therefore doubt to overcome it. It is a. mere naked presumption. which often be determined. by circumstantial evidence alone. says to the contestant: Yon must take the first step in this pro To what political party a voter belonged, who~e partisan he had been, ceeding. The scales are now balanced, and you must proceed by whose friends claimed for him the right to vote at the time, what he said of his intention before, and his act after voting are circumstances which each competent evidence to turn the scale, even in the estimation of a . claimant has endeavored to prove, and which the committee has considered hair, and if you have done th:..t, you have made out a. prima facie in making up its ve1'dict. In this action they are governed by precedent as case. It will not do-and I want to impress that fact upon the well as principle. The same ruling obtained in the celebrated case from New Jersey, decided in 1840. and known as the "broad seal" case, and also in the gentlemen on this side of this Hall-for them to turn to one page Vallandigham 11. Campbell, decided in 1858. (See Bartlett's Contested Elec· and say: "Here is the evidence that shows how John Smith or tions, pp. 28 and ZIJ.) If it is not to be inferred from this kind of evidence William Jones voted." This record of 4.000 pages is full of that. for whom an illegal vote was cast, it can not, except in a few instances. be asce1·tained at all. Any number of illegal votes, once placed in the ballot Some of it is here with reference to how John Smith voted; some box, either by the deception or connivance of the board, can never after be of it is over there, and some of it in another volume. There were excluded unless the whole poll isrejectedorthefraudulentvotersvoluntarily 6,500 witnesses called by this contestant to make ont his case, confess their crime. When, therefore, an illegal vote is shown to bay~ been cast the committee have endeavored to ascertain from circumstanti.a.l evi· and instead of gentlemen complaining, as they do in their minor dence, when positive proof could not be given. for whom it was cast and de ity report, that he exercised too much energy, that he showed too duct it from his count. (Delano 11. Morgan, 2 Bartlett, 168.) . much interest in the matter. he ought to be given credit for doing Text writers on the law of contested elections have adopted the what he could to bring the facts.before this committee and before this House as to the truth which we all seek in the matter. same rule. Paine says: My time has almost expired! and I desire to say in conclusion When the secret ballot is used, it is ordinarily more difficult to show for that in my judgment we owe it not only to this contestant-for whom an illegal vote was e&st than to prove its illegality. Recourse is some· times had to the unsworn admissions or declarations of the voter himself. In it involves broader rights than the rights of a single individual; it England, where the vote was formerly given viva voce, the declarations of involves the rights of the whole people and of this Congress; it in the voters conld be received in evidence to set aside the election of a mem volves the very fountain source of popular government and insti bel' of Pa1·liament; as also, to diminish the poll, by removin~ an illegal vote, or to J>l'Ove bribery of the voters; but they were not admissible on a charge tutions; ·and so I say we owe it not only to this conte tant but of bnbery a.ga:inst a candidate. Upon the authority of the English cases the to the whole people that we denounce every act that violates the court of appeals of the State of New York in 1863 said: "In thecasea.tbar the purity of the ballot and that we nullify e-very result that flows disqualification was proven by the voter himself; but these authorities abundantly sustain the position that the declaration of the voter as to his from such violation. Of' all laws the election laws should be the want of qualification would have been admissible and legal evidence." It is purest in form and the most faithful in enforcement. A poll is to be observed that the question now under consideration did not arise in the sacred only as it expresses the will of the people. There is no New York case, and yet the dictum of the judge was followed by the su preme courto! Wisconsin in a case in which the question did arise. The lat sanctity thrown around a. poll vitiated by fraud, and there is no ter com·t ss.id: "The objection to this evidence is that it ~as hearsaY:. ~o a sanctity around the poll of these three precincts. [A_pplause en certain extent this may be so; but the well-settled and uniform practice lS to the Republican side.] allow it in contests of this nature." Mr. McLAIN. I yield ten minutes to the gentleman from The SPEAKER pro tempore (Mr. BouTELL). The time of the Pennsylvania [Mr. Sml. gentleman has expired. Mr. SHULL. Mr. Spea1rer, I take it that as a. part of the his Mr. DRISCOLL. I yield to the gentleman five minutes more. tory of this case the fact that William Connell received the nomi Mr. STERLING. On that point let me say further that there nation of the Democratic rump convention as a candidate for is a. broad distinction to be made between testimony coming from Congress is important. While it is tine that the courts of Penn a witness who has cast a legal ballot and one who has cast an sylvania decided that this nomination was irregular, so that he illegal ballot. I say in the case of the man that has cast an illegal was not allowed to be in the Democratic column as a candidate, ballot it is very questionable whether under the law, if he has it is important in this case, for the reason that the majority of cast it illegally, wilfully, whether he can be permitted to testify the committee in arriving at their conclusion desire this HollBe to or not, or whether his evidence is competent, and let me tell you arrive at the same conclusion-namely, that in the rejected elec the reason, and there is authority for it in cases which have been tion disbicts the Democrats had a majority of the officer , and if before this House time and time again. The illegal voter knows they were derelict in their duty or in any way perpetrated fraud that the election has passed and that his ballot has been impeached, they did it in the interest of the contestee. 1904. CONGRESSIONAL RECQ-RD-HOUSE. 1807 I desire to say that the contestee in this case made this fight If there were any persons voting whose names were not on the without any party organization back of him. It is hue that he original registry lists as produced to them in alphabetical order, received the nomination of the Democratic convention, but those names would appear at the bottom of their list. If so, then through some irregularity his nomination was rejected by tbe it would become necessary on the part of the election officers to court and he was relegated to the necessity of taking out a nomi have taken such affidavit as is prescribed by the statutes of the nation under the head of ''Antimachine." State and return them with the other papers to the prothonotary I recite this for the reason that I think it important in the con of the court. sideration of the subject from that standpoint; and I think it just The committee in fairness should have quoted the election law as important that it should appear as a part of the history of this relative to overseers, which permits- case that the contestant, for the purpose of electing hi.m.self to On petition of five voters of any given district, the appointment by the this body, was willing to ride any horse, so it was a winning one; court of each c.ounty of overseers for each district, one from each party. That the said overseers so appointed shall have the qualifications of an election or perchance he was so enamored of the cqmpany of Robert E. otllcer; shall be present from the time of opening the poll until the closing Pattison, a man who is better hated by the stalwart Republicans thereof; be present at the counting of the ballots, and ign with the election of the State of Pennsylvania than any man living in that State,· officers the return of the district for which he may be appointed. that he desired to keep company with him. The SPEAKER pro tempore. The time of the gentleman from While the course of my remarks will of necessity be somewhat Pennsylvania has expired. irregular, I desire to call the attention of the House to several Mr. SHULL. I should like to have five minutes more. statements that have been made by gentlemen upon the other side; Mr. McLAIN. Mr. Speaker, I yield to the gentleman five min· and the first of these is the one relative to illegal voters. utes more. Under the law of Pennsylvania, as construed by its supreme The SPEAKER pro tempore. The gentleman from Pennsylva court time and time again, it has been decided that while the bal nia is recognized for five minutes more. lot in that State is a secret one it is secret for the protection only Mr. SHULL. The election law of Pennsylvania requires that of the legal voter, and that when a voter is proven to have voted the election officers of any given district shall place the alpha illegally-so proven by his own evidence-he can be compelled to betical registry list sent to them by the commissioners, after testify for whom he voted, or by other evidence, for he stands in counting the vote, in the ballot box with the ballo_ts and other criminated without testifying for whom he voted. If that is good papers prescribed by law. Such being the case, it must be evi law-if that is the law of the Commonwealth of Pennsylvania dent to any unbiased man that without opening the ballot box in then that was the primary evidence to be introduced by the con any given election district it would be a physical impossibility to testant in every instance, preparatory to proving how the man show by documentary evidence whether or not any names of any voted. If from some cause perchance the illegal voter could not persons had been added thereto by any election officer unless he be reached, then by showing that fact upon the record they would be endowed by the Creator with a fluoroscopic eye or a radio be permitted to introduce secondary evidence, provided the sec active optic. ondary evidence was of a proper character. But in taking this With these original registry lists wiped out of existence it must evidence no such course was pursued, nor was it attempted to be be apparent from what appears on the record itself and the law pursued. applicable thereto that the committee is relegated to a·decision of Before paying some little attention to the majority report I re this case upon a mass of testimony covering about 500 pages, fer to another thing which is a part of the history of this case which, if the most liberal construction of the laws of evidence and appears as a part of the record in the evidence as brought to was applied to it, could be reduced to ten pages. •I contend, Mr. the House, and that is the conduct of a commission that was ap Speaker, that the ruling of the commission made every particle pointed to take the testimony in this contest. Under the laws of of the evidence that was taken by them purely ex parte where the State of Pennsylvania-and I presume under the laws of every the right of cross-examination was denied, and therefore that it Commonwealth of this country-a commission appointed by a could not and should not be used in this case if any pretense of court is simply a conduit, a medium to bTing evidence to the law is to apply. This same remark applies to two affidavits that court, the same as a master in chancery. If that is true, if that were taken and that are spread on this record, one of which pur is good law, then it was the duty of this commission in every in ports to be a certified copy from the prothonotary of Lackawanna stance to take down all that occurred before them; not to rule County that there are now no affidavits filed in his office with the upon the evidence, not to rule what was competent and what was other election papers of the district of first and second Winton incompetent. Their proper function was to take down the ques and first Old Forge. tions, the objections, if any, of the attorneys, and the answers to This evidence is practically worthless for the reason that it the questions; and the ruling on it' would be ma.de later by the proves nothing. Those affidavits might not be there to-day, but judicial body. is this conclusive evidence to p1·ove fraud .or irregularity on the To the election laws as quoted by the majority I take no excep part of election officers, in that those affidavits were not filed at tion beyond the fact that the law of 1895 relative to county com the time prescribed by law? If this be accepted as evidence, why missioners and assessors is not properly quoted in their t·eport. anyone in any court would be able to prove or disprove anything. It is not the law of 1895, but it is a clause of a law quoted or re Further than that, I desire to say that this part of the election cited for amendment. law of Pennsylvania is not mandatory. It is simply directory, In 1895, after the constitutional amendment doing away with and the failure of an election officer to comply with this law the numbering of the ballots, the necessity of an assessor pro does not in any way invalidate the election of any given district. dudng to the county commissioners, in addition to the original THE THIRD W A.RD OF Wll\':rON. entry list, two lists was wiped out. The same is true of the two The committee in their report state: lists which were required under the older act to be issued by the Notwithstanding the plain, unequivocal statement in the statute which commissioners and by them given to the election board prior to provides that no man shS.ll be permitted to vote at the election on that day the opening of the poll. Under the old law when two lists were who name is not on said registi:y list unless he shall make proof of his dght to vote, as hereinbefore required, and notwithstanding the oaths of said elec issued one was styled by the election officers a ballot check list; tion officers above set forth, they permitted in this ward a large number of the other was styled a voters' check list. At the time of the men to vote whose names were not on the registry list without affidavits in closing of the polls the voters' check ~t was sealed, with the proof of their right to vote, as required by law. mutilated ballots, the unused ballots, the affidavits of the election The only evidence offered that would be admitted by any court officers, the affidavits, if any, of the voters, the election returns, of justice in support of any il·regularity at this poll is that of the tally sheets; and these were forwarded to the prothonotary Gabrille Kelli, who swears that he did not vote. His name is on of the court in any county as the custodian of those papers. the original registry list and is also on the voting list. And Mike The other list was by the election officers seale-a up in the ballot Cholish who swears he did not vote, and his name is on the orig· box with the other papers required by law, including the ballots. inal registry list and also on the polling list. Why this should be quoted, that there should be two lists, I can The fact developed in these two cases shows clearly that they not conceive, except for the purpose of misleading the House and were instances of personations; in other words. that some other misleading this committee into supposing that there were a num persons voted under the names of each of these two men. While ber of lists, copies of the original registry lists, and therefore personatiollB might under ce1-tain conditions be conclusive evi making it appear pla1l8ible for an ingenious and not overscrupu dence of fraud on the part of election officers, yet no one could so lous attorney to foist upon this committee and upon the House a infer in an election district composed largely of Slavs, Huns, certified copy of an original entry list that never was and never Lithuanians, and Italians, people of different ethnological stock, of could have been in the possession of an election officer-for the different ideals, and characterized by marked lingual differences, purpose of what? For the purpose of proving that the election gathered in colonies by themselves, and known to their employers officers had committed fraud through and by an inBtrnment that and the natives generally only by number or by name3 indicative the law presumes they never saw. The list that went into the of some personal appearance or characteristic. hands of the election officers-a _copy of the original registry No unbiased man would state that the personations practiced list-was by them sealed up, or presumed to have been sealed up, on an election board of a district composed of this sort of inhabit in the ballot box. ants could even by inference be accused of fraud or negligence. 1808 . CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9, The only other instance which it is attempted by testimony that ceived as evidence in any court or before any judicial body for comes anyway near to the dignity of evidence is that of Tom the reason that it is ex parte; further, it is not an affidavit rela (John) Sevak, or Tom (John) Seval, or Tom (John) Sowal, who tive to a record, neither is it an affidavit to a file as contemplated s=ems to be the same man, assessed under the name of Thomas by law for the reason that under the election laws of the Com Sowal, who swears that his name is Sevak, and that he had in monwealth of Pennsylvania the prothonotaries of the courts of this district a brother by the name of George Sevak, who is reg each county are simply the custodians of the election returns of istered also as George Sowal, indicating simply that there is a his county. If it were admitted as evidence it proves nothing, difference in the spelling of the name, and nothing more. for the reason that it simply states what is now in his possession John Conry, the only election officer in this district who was as prothonotary, not what was in his possession at the time the sworn, testifies that there were no affidavits of voters taken by.the returns from that ward came into his possession. election board of that district for the reason that no one voted There is no evidence that anyone voted whose name did not who was not on the registry list. The contestant s attorney seems appear on the voting list as returned and the alphabetical registry to have impressed upon the majority of the committee that where list that is in the ballot box. Neither is there any evidence of a person is marked ·• D. I." and "I. N." on the registry lists in duplicates or su2.)stitutions. It is true, however, that persons the hands of the election officers that this is notice to the election voted opposite whose name the letters "D. I." and " I. N." ap officers that this man is not a legal voter and must make affidavit peared on the registry list without filing affidavits! for the rea-son before his vote is received. This is positively not the law of Penn that the law does not require any affidavit to be filed. The elec sylvania. Under the law of Pennsylvania, if a man who is so tion board in this district sent for one Michael Cafferty to fill a marked on the registry list offers to vote, he must present his vacancy of inspector. He was not registered. He voted, but naturalization paper, and after doing this he is in the same posi there is no evidence that he did not make an affidavit required by tion a.s any other registered voter without any letters or words law. There is no evidence that any peace officer or any other following his name. officer at this election polled with friends of the contestee, or that The contestant calls a witness by the name of Beni Betti, who threats were used. swears that there was a conspiracy between him and a man by It is true that a Republican watcher by the name of Karnoski the name of Lawler to vote men who were not legal voters, and was forcibly ejected, and it is also true that if the election officers, that he and Lawler gathered the men, and that a man by the of themselves or by means of peace officers, had not ejected this name of John Lally voted them. They also called Lawler to man they would have been derelict in then· duty, for the reason prove the same thing, and he denied the statement of Beni Betti. that it was proven that this man was violating the election laws It is shown that John Lally was a Republican. The contestant of the State by electioneering for the contestant; the law being did not call Lally to substantiate or <].eny the statement of the that all persons are prohibited from electioneering within any apparently subsidized Beni Betti, so that the contestant proves election room or within 60 feet thereof. and disproves his own allegation, and how much credence can be It is also true that there was another Republican watcher pres given the uncorroborated evidence of a self-confessed criminal ent at this poll all day, and it is also true that there was also in the face of the majority of the election board being Demo present a Republican overseer, who, under the law, was com cratic, the cocoiLSpirat.or a Democrat, and the ballot marker a pelled to remain at that poll from the time of its opening until RE-publican, and in the presence of a Republican overseer ap the vote was counted, the ballot box sealed, and the return coun pointed by the court? And how can that in any way indicate tersigned by himself. There is no evidence that the right of chal that these foreigners were rounded up and corralled by the friends lenge was denied one man, one man swearing that he challenged of the contestee, taken in, and voted by the connivance of the one vote. The judge of the election swears that the vote chal election officers? The respective votes of the contestant and the lenged at that poll was not received. contestee did not vary materially from the proportionate vote The only evidence that voters were denied the right to make cast at the preceding general election. That the election machin their own selections of persons to assist them in marking their ery was apparently in the hands of Mr. Howell's friends seems a ballots is that this professional ballot marker, Karnoski after piece of witticism in that the contestant had back of him the Re being ejected for violation of the law, was allowed to mark no publican party, the ballot reformers, and a part of the Demo more ballots, and there is not a scintilla of evidence that any cratic party, and the contestee no party organization, and the ballots were marked contrary to the desire or instruction of balance of this paragraph only intensifies the humor. voters, and I submit whether there is anything relative to the THE SECOND WARD OF WINTON. conducting of the election at this poll that would justify the state ment that the election in the district was conducted in a high The evidence of Wallace Barber and Frank Lavcoski is that handed manner and without regard to the provisions of the laws they did not vote. Their names are on the polling list and, there of the State. The contest as p~esented to the House is a parody fore, are evidence of personations. A professional witness, who on justice-comedy that is about to be elevated to the dignity of swears en bloc to the residence and politics of many persons, a tragedy. (Applause on the Democratic side.] swears that Thomas Wright and John Mackey, whose names are Mr. McLAIN. Mr. Speaker, I would like to inquire how much on the original registry list and on the voting list, are both dead. time we have consumed? If this is true it makes the total personations in this district four, The SPEAKER pro tempore {Mr. BouTELL). On the Repub and the character of the voters or electors in this district or ward lican side there have been one hundred and forty minutes used, are the same as in the Third Ward and, therefore. should not be and on the other side one hundred and twenty-four minutes. construed as indicating fraud on the part of the election officers. Mr. McLAIN. Mr. Speaker, I yield fifteen minutes to the gen Thomas Moore, Thomas O'Conner, and Richard Hasley swear that tleman from Massachusetts [Mr. THA. YER]. they voted. They were not registered and made no affidavit, being The SPEAKER pro tempore. The gentleman from Massachu the only three witnesses to show ignorance, incompetency, or setts [Mr. THAYER] is recognized for fifteen minutes. negligence in the discharge by the election officers of their duty, Mr. THAYER. Mr. Speaker, I think I bring to the considera and I submit whether the casting of this number of illegal votes tion of this majority resolution for unseating the contestee as would warrant the throwing out or rejecting the vote of the whole open and unbiased a mind as there is in this House; but I should ward, and thus punish the legal electors of this district for the be false to myself and false to my coiLStituents did I not enter my violation of the. election laws by the election officers by the re protest against the passage of this majority resolution. ceipt of these votes. Do the precedents of this body warrant so It appears that the contestee was elected by 461 votes in Lacka drastic a measure where it is possible to purge and to strike out wanna County to a seat in this House from the Tenth district of the illegal or fraudulent votes? PennBylvania. The purpose of this resolution now is t J seek to The principle underlying all the decisions of the supreme court eject him from t4e House and to reinstate our good friend Mr. of the State of PennBylvania on contest cases is that the ballot Connell, who was defeated by 461 majority at the last election, should be purged of illegal or fraudulent votes where it is possible. and this is undertaken on the ground of fraud, practiced by Mr. The disfranchisement of a large body of men who are not only Howell and his friends. entitled to the elective franchise but who exercise that right in Now, Mr. Speaker, let us go back to the beginning of the cam complete conformity of law would be simply monstrous. If this paign and ferret out the fraud, if there is any, participated in by were the rnle it would be possible for wicked and designing men anybody and everybody participating in this election. We can to disfranchise thousands of honest voters. Such construction not go over all the evidence, over 4,000 pages, of the finest print of law will never prevail. The terms of the law must be sub we often see, in giving the evidence that was taken in this con ordinated to its spirit and purpose. tested-election case, seven-tenths of it in my opinion having no OL.D FORGE, FIRST .DISTRICT. relevancy to the case whatever. But I would like to set up a few In this district there is no evidence of any violation of the elec milestones along the route, in order that we can take our bearings tion laws of the Commonwealth of Pennsylvania. The contestant and see "where we are at." offers as evidence a certificate of John F. Cummings, a prothono It has been claimed. that this man should be unseated because tary of Lackawanna County, a document which would not be re- of fraud in polling the vote for the contestee. Let us see what 1904. CONGRESSIONAL. RECORD-HOUSE.-· 1.809 parties up in Pennsylvania were most accountable for fraud hap gear when it is put in operation to roll up majorities for Mr. pening that day. Well, it seems there was a Democratic conven Howell. But, my friends, let us see how the good people of tion in the county of Lackawanna on the 23d day of September Lackawanna County looked upon this much-vaunted "fraud" last. From the reports which I have heard of the elections up in claim in the election of 1902. Pennsylvania the last few years I had come to believe that there My friends, the judge of probate and secretary of internal af were no Democrats tolerated up there, and I was astonished to fairs, elected at the same time by the Democrats of Lackawanna, learn not only that there are any Democrats up there but that one have taken their seats and are now serenely holding office, al county is strongly Democratic, and I hope in the time yet to come, though they received · far larger majorities than did Mr. Howell. and not very far distant, that the little leaven nurtured up in the Nobody has questioned their election. No one has gone howling northwest portion of Pennsylvania may leaven the whole lump. "Fraud!" through the county. Everybody apparently is perfectly The Democracy in that sturdy little county met in convention satisfied, probably in large measure because they know that, for with 192 delegates, and it seems that in some unxeplainable way tunately or unfortunately, the county is safely Democratic. But and by some unspeakable means there were 32 delegates in this for reasons best known, as I believe, to the politics of Pennsyl convention that had been tarred by the Connell stick. They came vania, politics of a kind that do not and can not flourish else into the convention and undertook to run it on the principle that where on earth, it has seemed necessary and highly essential to the tail could wagthedog. The scheme didn't work. Theywere put Mr. Connell back in a seat in this body, and it must be done, squelched and ousted. The immortal thirty-two, those stalwart law or no law, conscience or no conscience. patriots who would not stoop to fraud and connivance, withdrew Now, Mr. Speaker, suppose we go a little further and find out from the convention and set up a rump convention and nomi something more about this fraud we have heard so much about. nated, as they had been requested to, Mr. Connell, one of th(\ The gang started in first, as I told you, to nominate their Repub most prominent leaders of the Republican ring in that ring lican candidate through Democratic channels by an attempt to governed Republican State-an excellent gentleman withal, but steal and control the regular Democratic convention; and they a violent Democratic hater from start to finish. failed in that, but they did succeed in keeping the name" Demo Think of it, Mr. Speaker, these32 veneered Democrats sneaking crat" off the Democratic ticket, and compelled Mr. Howell to into a Democratic convention and failing to capture the conven run without his party's name. tion, then setting up a rump convention, and then nominating the Let us see now about frauds. It seems, in referring to the testi Republican nominee, and he, too, one of the rankest of rank Re mony of one 1\fr. John Early, taken before the committee, that publicans in that ring-ruled Republican State of -Pennsylvania. those in :Mr. Connell's interest wanted to influence Mr. Early to The other 160 delegates remained in their convention and nomi take the Democratic vote in his mining district over to Mr. Con nated Mr. Rowel. About when, Mr. Speaker, did the fraud nell; and while I have not time to read all this choice evidence of business begin up in that district, and who were the conspicuous these highly moral and fraud-despising managers or 1\Ir. Connell's actors? campaign, let me read some of the choice bits of the conversation It seems that there were some technical irregularities found in that took place between Mr. Early and Mr. Grimes, who, by the the proceedings of these two conventions. It does not appear in way, seems at one time to have been warden in the county jail, this mass of printed evidence, so far as I have followed it, just and if he is not very careful he will swop places with some of what the irregularities were; but in some way each of these nomi those jail birds he had under~ care, and instead of being warden nations was thrown out by those who are empowered with au he will be behind the bars himself. Mr. Michael Grime , once thority to make up the ticket. I do not know what sort of Demo warden of the county jail, came to Mr. Early by appointment, cratic representatives they were who went out. It's a new breed, and this is the conversation they had: and we have none of them up our way. "Your name isJohnEarly?" I said, "Yes, sir.'' He said, "You are presi But these bolters and hirelings had succeeded at least in one dent of the Gipsey Grove Local?" I said, "Yes, sir." He said, "You told me thing. They had deprived the Democratic voters of Lackawanna you have not decided how you are in politics." I said, "Yes, sir." He said, •· We will give you $1,000 in clear money-you don't have to pay a cent your County of the right to have the name " Democratic candidate" self for any expenses-to work for William Connell," he says, "and we will on their ticket, because, as I understand the la-;v of Pennsylvania, also par. your traveling expenses, and you can name every man in Dunmore when a party fails for any cause to make a regular nomination in who will work for William Connell." He says," Remember this thousand dollars is clear money; all other expenses will be paid," he says. "What do convention, and a candidate is nominated on nomination papers, you think of that?" I said," That's all right." He says, "You can get the he is not permitted to take any part of the party name to which money if you come down here;" he says, "This thousand dollars will be paid he belongs. And so in this case Mr. Howell could not have his to vou before you undertake to do any work for us whatever; that money name in any way connected with the word "Democrat." It could will be paid down to you." not be" Independent Democrat," "Citizens Democrat," "Popu I have not time in the few minutes left me to read more. Suf lar Democrat," "Regular Democrat," or in any way whatever fice it to say that the reported evidence in this case shows that connect his name with the word "Democrat." one of Mr. Connell's managers sought to bribe Mr. Early, who So Mr. Howell ran under the title "Antimachine," and it was was an officer in one of the labor organizations, with an offer of a very appropriate title if he could not run under the name of his $1,000 to work for Mr. Connell's election; but that is not all. own pa.rty, for he was running, in spite of all their efforts, against They have some Italians over there, squads of them. that nobody "the machine," which the Connell men had attempted to use knows the names of, and they go by numbers, and it seems that against him. So you see, Mr. Speaker, that the Democratic party some friend of Mr. Connell came in there and went to a high was met at the very threshold of this campaign by those who de muck-a-muck in the Italian crowd and offered him $160 if he precate and despise fraud and intrigue. could get his company to vote for Mr. Connell and work for him. I do not accuse Mr. Connell of this despicable conduct I have This is the testimony: shown, for personally I have a great respect for Mr. Connell. but Q. Do you mean this $160 was paid to the men who aremembersof that so unfortunately he has to share the obloquy of his scheming political ciety-do you know Luigo Marosh well?-A. Yes; about seven years. Q. Do you live in the same district as hu lives?-A. Yes sir. manager. I have sat in this House with Mr. Connell for several Q. How many votes were there for :Mr. Connell in the club?-A. Luigo years, and our relations have always been the most kindly and Marosh wanted to get all the \otes for William Connell. pleasant; and I know but little of Mr. Howell: was never intro Q. How many were there who wanted to vote for Mr. Connell?-A. Nobody duced to him until this morning. I am standing here contend except that Luigo Marosh. ing for what appears most clearly to be the right in this matter; That is the way this grand old Republican party and its heelers, and I would rather be right even than that Mr. Howell should and so on-I can not stop to read it all-started out to detect be continued in his seat here. fraud. And they come to this House and ask us to find that the Now, let us see whether the ballot boxes have been stuffed by officers, made up of Democrats and Republicans, are all a pack of Democrats or not. I can not go into all the details of this mat frauds, because they permitted some Poles, Armenians, Italians, ter, for I am very much limited in my time, but Mr. Pattison, and what not to vote when they did not, and nobody else, know Democratic candidate for governor, the old war horse of the Dem their names, or could pronounce them if they did know them. ocratic party in Penn~ylvania, received in Lackawanna County a Everywhere they went by numbers rather than by names. Now, majority of 5,000 votes. Let me give it exactly, so that there Mr. Speaker, I have not time to go into this as I wish, but I want may be no mistake. Robert E. Pattison received 5,625 majority to say to this House now, that even if you throw out in these of votes in this identically same Congressional district in which three parishes, two in Winton and one in Old Forge, every vote Mr. Howell received a majority of 461. that the contestant claims was procured by fraud, and every Mr. George Guthrie received a majority of 3,890 as the Demo vote that was not legally cast and accounted for as cast for Mr. cratic candidate for lieutenant-governor; James Nolan, Demo Howell, then you will throw out only 321 votes. cratic candidate for secretary of internal affairs, received a I am not hera to assent to or deny that they should not be majority of 2.287; M. F. Sando, antimachine candidate for or counted for Mr. Howell, and I have not the time to go through phans' court judge of Lackawanna County, received 1,837 plural with the evidence sufficiently to satisfy myself on that question, ity, while poor Howell received the least of all, only 461 majority. but I wish the House to note that I am now quoting from the ma This much-heralded "fraud machine" seems to be much out of jority report, the Republican report, on page 6, and here it u.p- XXXVIII-114 . 1810 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9, pears and is stated in direct terms that the contestant's counsel minutes by the minority and one hundred and forty minutes by claimed, so says the report, "that in the Third Ward of Winton the majority. 80 votes were received from persons whose names were not on Mr. McLAIN. We ask the other side to use some of their time the registry list and from whom no affidavits were required in now. proof of their right to vote as required by law." Mr. DRISCOLL. Mr. Speaker, I move that the House do now In the Second Ward there were 83-and only 83, as contestant's adjourn. conn el claim-and in Old Forge there were 158. These are all The motion was agreed to; and accordingly (at 4 o'clock and 48 the votes that the claimant claims were illegal or fraudulently minutes p.m.) the House adjourned until to-morrow at 12 o'clock delivered in these three boroughs. Now, if you take all these noon. votes in these wards out, and assume they were cast for Mr. Howell, of which there is nowhere to be found in the report of EXECUTIVE COMMUNICATIONS. the evidence any proof whatever, we shall then have 321 votes, and only 321 votes to be cast aside, but that will not overcome Under clause 2 of Rule XXIV, the following executive com the majority of 461, which Mr. Howell had. He will then have munications were taken from the Speaker's table and referred as a majority of 140, and it seems that the majority of the commit follows: tee, not satisfied with taking away from Mr. Howell all the A letter from the assistant clerk of the Court of Claims, trans fraudulent votes the contestant's counsel claims were fraudu mitting a copy of the findings filed by the court in the case of lently cast for Mr. Howell~ go further and throw out all the votes James D. Sipe, administrator of estate of Asa S. Baugher, against of these three wards, and that does the trick. The United States-to the Committee on War Claims, and ordered It would seem to one attempting to do exact justice in the to be printed. premises that if it has been determinedjusthowmanyfraudulent A letter from the Secretary of State, requesting that permission votes were cast and all those were thrown out no one would have be granted to certain officers to accept decorations from foreign just cause to complain, but the committee has gone further and governments-to the Committee on Foreign Affairs, and ordered thrown out the legal votes with the others and thus disfranchised to be printed. all the honest ~otes in those three wards as well as the dishonest A letter from the assistant clerk of the Court of Claims, trans ones. mitting a copy of the findings filed by the court in the case of The committee in their report recommend that we wipe out all J. B. Brown, administrator of estate of Mitchell Brown, against the votes in these three Democratic wards and then go over the The United States-to the Committee on War Claims, and ordered rest of the State and take 200 votes more out of about 2,000 that to be printed. the claimant ~leges, but does not prove, were fraudulently cast, A letter from the Secretary of the Treasury, transmitting a just to get up a little respectably appearing majority on the other copy of a communication from the.Secretary of War·submitting side, and we will then have reduced the majority of Mr. Howell an estimate of appropriation for the Western Branch of the N a to nothing and give a majority for Mr. Connell. tion Home for Disabled Volunteer Soldiers-to the Committee on In their report they do not claim that they have ascertained the Appropriations, and ordered to be printed. number of votes fraudulently cast for Mr. Howell, but guess at A letter from the Secretary of the Treasury, transmitting a it when they say, as they do in their report, that" at least there copy of a communication from the Secretary of War submitting are 200 fraudulent votes which should be thrown out." an estimate of appropriation for superintendent's lodge, national I say to any fair-minded man on the other side of the House, is cemetery, Gettysburg, Pa.-to the Committee on Appropriations, it anything more than fair and just, if the claimant goes before and ordered to be printed. · the committee and he claims that only 231 votes in these three wards were wrongfully polled, that we. should not disfranchise REPORTS OF COMMITTEES ON PUBLIC BILLS AND all the other vote1·s in these wards when you know that there are RESOLUTIONS. only 231 illegal votes claimed to have been polled for Mr. Howell? Under clause 2 of Rule XIII, bills and resolutions of the fol Why, is it not better to say that we will only throw out the 231 lowing titles were severally reported from committees, delivered claimed by the contestant to have been fraudulently cast and leave to the Clerk, and referred to the several Calendars therein named, the rest as an honest vote? If you do this, my friends, Mr. Howell as follows: will have a majority. And now let us conSider how they get 200 Mr. MARTIN, from the Committee on the Public Lands, to votes more to be taken from Mr. Howell. The committee seeks which was referred the bill of the House (H. R. 8435) to amend to go beyond these three wards out into the other 160 districts all the act of Congress of March 11, 1902, relating to homesteads, re over Lackawanna County and see if they can not scrape up a ported the same with amendment, accompanied by a report (No. little majority for Mr. Connell, and this is the method of prov 888); which said bill and report were referred to the House Cal· ing that certain men did not vote who are recorded as having endar. voted. They say they found on the list used a man had voted by Mr. BROWN of Wisconsin, from the Committee on Indian Af the name of "A,"and they sent out runners into the neighbor fairs, to which was referred the bill of the House (H. R. 11966) hood where "A" is supposed to live. to ratify and amend an agreement with the Indians located upon That runner goes to whoever he sees fit for information, and the Grande Ronde Reservation, in the State of Oregon, and to gets it. Perhaps it is a friend or neighbor or some relative, and make an appropriation to carry the same into effect, reported the they tell him that the man was not here on election day; that he same without amendment, accompanied by a report (No. 889); was over in another town or perhaps in another county. You would which said bill and report were referred to the Committee of the naturally.suppose, would you not, that when this runner got that Whole House on the state of the Union. information he would go over to that town where he was informed Mr. BURKE, from the Committee on Indian Affairs, to which A was and ascertain from him the fact whether he did or did not was referred the bill of the House (H. R. 11676) to ratify and vote, and that when he secured from A the facts would summon amend an agreement with the Indians of the Crow Reservation, him before the commissioner who was taking the evidence and in Montana, and making appropriations to carry the same into let him testify as to the fact whether he voted or not? This would effect, reported the same without amendment, accompanied by a seem to be the plain duty of the runner if he was only anxious report (No. 890); which said bill and report were referred to the that truth should prevail. But this was never done in a single Committee of the Whole House on the state of the Union. instance, as the records in the proceedings show. Mr. MONDELL, from the Committee on Mili1;tl.ry Affairs, to This runner took the hearsay evidence of those in the neighbor which was referred the bill of the House (H. R.10761) to author hood, and then he comes back and goes before the commissioner ize the Secretary of War to accept from the citizens of Missoula, and testifies in answer to the interrogatory of Mr. Donovan, Mr. Mont., deeds donating to the United States certain lands for the Connell's counsel, who, by the way, seems a sort of veneered Ser enlargement of the military reservation of Fort Missoula, Mont., jeant Buzfuz. He is asked, " Did you look for this man? " " Yes." reported the same without amendment, accompanied by a report " Did you make diligent search for him?" " Yes." " Were you (No. 891); which said bill and report were referred to the Com satisfied that he :was not there?" "Yes." "Then," says Serjeant mittee of the Whole House on the state of the Union. Buzfuz, ''we will conclude that he didn't vote." [Laughter and applause.] REPORTS OF COMltiTTTEES ON PRIVATE BILLS AND The SPEAKER pro tempore. The time of the gentleman has RESOLUTIONS. expired. Mr. THAYER. I have but just got started. If no one else Under clause 2 of Rule XIII, private bills and resolutions of the demands the time I should like to continue a little while longer. following titles were severally reported from committees, deliv Mr. McLAIN. I have no more time now at my disposal. ered to the Clerk, and referred to the Committee of the Whole Mr. DRISCOLL. Mr. Speaker, how much time has been occu House, as follows: pied on each side? Mr. MAHON, from the Committee on War Claims, to which The SPEAKER pro tempore. One hundred and thirty-nine was referred the bill of the Senate (S. 352) for the relief of the 1904. CONGRESSIONAL RECORD-HOUSE. 1811 representatives of M. F. Me~tt. deceased, reported the sa!De pension to R. H. Cooke, reported the same with amendment, ac without amendment, accompamed by a report (No. 7£0); which companied by a report (No. 807); which said bill and report were said bill and reportwere referred to the Private Calendar. referred to the Private Calendar. Mr. HUNTER, from the Committee on Invalid Pensions, to Mr. HOLLIDAY, from the Committee on Invalid Pensions, to which was referred the till of the House (H. R. 10991) granting which was referred the bill of the House (H. R. 8272) granting an increase of pension to Frances C. McFarland, reported the an increase of pension to Stephen Elliott, reported the same with same with amendment, accompanied by a report (No. 791); which amendment, accompanied by a report (No. 808); which said bill said bill and report were referred to the Private Calendar. and report were referred to the Private Calendar. · Mr. SNOOK, from the Committe9 on Invalid Pensions, to which He also, from the same committee, to which was referred the was referred the bill of the House (H. R. 1623) granting an in bill of the Honse (H. R. 92-56) granting an increase of pension to crease of pension to John H. Reed, reported the same with amend Enoch Stahler. reported the same with amendment, accompanied ment, accompanied by a report (No. 792); which said bill andre by a report (No. 809); which said bill and report were refeiTed port were referred to the Private Calendar. to the Private Calendar. 1\Ir. DEEMER, from the Committee on Invalid Pensions, to Mr. HUNTER, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 11310) granting which was referred the bill of the House (H. R. 11413) granting a pension to John W. Swisher, reported the same with amend an increase of pension to Jasper F. Morton, reported the same ment, accompanied by a report (No. 793); which said bill andre with amendment, accompanied ·by a report (No. 810); which port were referred to the Private Calendar. said bill and report were referred to the Private Calendar. Mr. FULLER, from the Committee on Invalid Pensions, to Mr. CALDERHEAD, from the Committee on Invalid Pensions, which was refeiTed the bill of the House (H. R. 11076) granting to which was referred the bill of the House (H. R. 9035) granting an increase of pension to Elvira Miller, reported the same with an increase of pension to Joseph Branen. reported the same with amendment, accompanied by a report (No. 794); which said bill amendment, accompanied by a report (No. 811); which said bill and report were refeiTed to the Private Calendar. and rep.ort were referred to the Private Calendar. Mr. HUNTER, from the Committee on Invalid Pensions, to Mr. FULLER, from the Committee em Invalid Pensions. to which was referred the bill of the House (H. R. 10694) granting which was referred the bill of the House (H. R. 8925) granting an increase of pension to Alderson T. Keen, reported the same an increase of pension to John Weaver, reported the same with with amendment, accompanied by a report (No. 795); which said out amendment, accompanied by a report (No. 812); which said bill and report were referred to the Private Calendar. bill and report were refeiTed to the Private Calendar. Mr. DEEMER.from the Committee on Invalid Pensions. to which Mr. SULLOWAY, from the Committee on Invalid Pensions, was referred t1ie bill of the House (H. R. 9903) granting an increase to which was referred the bill of the House (H. R. 8835) granting of pension to George W. Harlan, reported the same with amend an increase of pension to Charles H. Jackson, reported the same ment, accompanied by a report (No. 796); which said bill and with amendment, accompanied by a report (No. 813); which said report were referred to the Private Calendar. bill and report were referred to the Private Calendar. Mr. LINDSAY, from the Committee on Invalid Pensions, to Mr. BRADLEY, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 11556) granting which was referred the bill of the Honse (H. R. 6814) granting an increase of pension to Edward 1\I. Tappen, reported the same an increase of pension to Edward W. Miller, reported the same with amendment, accompanied by a report (No. 797); which said with amendment, accompanied by a report (No. 814); which said bill and report were referTed to the Private Calendar. bill and report were referred to the Private Calendm:. Mr. CALDERHEAD~ from the Committee on Invalid Pensions, Mr. DEEMER, from the Committee on Invalid Pensions, to to which was referred the bill of the House (H. R. 1004:6) grant which was referred the bill of the House (H. R. 9037) granting a ing an increase of pension to Thomas Jefferson Campton, reported pension to Alice W. Clarke, reported the same with amendment, the same with amendment, accompanied by a report (No. 798); accompanied by a report (No. 815); which said bill and report which said bill and report were referred to the Private Calendar. were referred to the Private Calendar. Mr. GIBSON, from theCommitteeonlnvalidPensions, to which Mr. SULLOWAY, from the Committee on Invalid Pensions, to was referred the bill of the House (H. R. 11113) granting an in which was referred the bill of the House (H. R. 8998) granting crease of pension to Silas G. Sou1es, reported the same with amend an increase of pension to Henry L. Beach, reported the same with ment, accompanied by a report (No. 799); which said bill and amendment, accompanied by a report (No. 816); which said bill report were referred to the Private Calendar. and report were referred to the Private Calendar. Mr. HUNTER, from the Committee on Invalid Pensions, to Mr. LINDSAY, from the Committee on Invalid Pensions, to which was referred the bill of the Honse (H. R. 11319) granting which was refeiTed the bill of the House (H. R. 6816) granting an increase of pension to Mary C. Arnold, reported the same with an increase of pension to Frederick .Ratzel, reported the same amendment, accompanied by a report (No. 800); which said bill with amendment, accompanied by a report (No. 817); which said and report were refeiTed to the Private Calendar. bill and report were referred to the Private Calendar. Mr. DEEMER, from the Committee on Invalid Pensions, to Mr. BRADLEY, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 9753) granting an which was referred the bill of the House (H. R. 9127) granting a increase of pension to Sarah J. Loomis, reported the same with pension to Moses Schuman, reported the same with amendment, amendment, accompanied by a report (No. 801); which said bill accompanied by a report (No. 818); which said bill and report and report were referred to the Private Calendar. were referred to the Private Calendar. Mr. SNOOK, from the Committee on Invalid Pensions, to which Mr. SULLOWAY, from the Committee on Invalid Pensions, to was refen-ed the bill of the House (H. R. 11343) granting an in which was referred the bill of the House (H. R. 4964) -granting crease of pension to Matthew S. Priest, reported the same with an increase of pension to C. E. Mink. reported the same with amendment, accompanied by a report (No. 802); which said bill amendment, accompanied by a report (No. 819); which said bill and report were referred to the Private Calendar. and report were referred to the Private Calendar. Mr. HOLLIDAY, from the Committee on Invalid Pensions, to He also, from the same committee, to which was referred the which was referred the bill of the House (H. R. 10180) granting bill of the House (H. R. 5999) granting an increase of pension to an increase of pension to William E. McDowell, reported the same Ann J. Whitney, reported the same with amendment, accompa without amendment, accompanied by a report (No. 803); which nied by a report (No. 820); which said bill and report were re said bill and report were referred to the Private Calendar. feiTed to the Private Calendar. Mr. CALDERHEAD, from the Committee on Invalid Pensions, He also, from the same committee, to which was referred the to which was referred the bill of the House (H. R. 6703) granting bill of the Honse (H. R. 4198) granting-an increase of pension to an increase of pension to Levi Remick! reported the same with Edwin Lake, reported the same without amendment, accompa amendment, accompanied by a report (No. 804); which said bill nied by a report (No. 821); which said bill and report were re and report were referred to the Private Calendar. ferred to the Private Calendar. Mr. LINDSAY, from the Committee on Invalid Pensions, to He also, from the same committee, to which was referred the which was referred the bill of the House (H. R. 8410) granting bill of the House (H. R. 5155) granting an increase of pension to an increase of pension to George B. Fairhead., reported the same John J. Tompkins, reported the same with amendment, accom with amendment, accompanied by a report (No. 805); which said panied by a report (No. 822); which said bill and report were bill and report were referred to the Private Calendar. referred to the Private Calendar. He also, from the same committee, to which was referred the Mr. GIBSON, from the Committee on Invalid Pensions, to which bill of the House (H. R. 10648) granting an increase of pension to was referred the bill of the House (H. R. 4630) granting ·an in Agnes Shearer, reported the same with amendment, accompanied crease of pension to T. S. Collins, reported the same with amend by a report (No. 806); which said bill and reported were referred ment, accompanied by a report (No. 823); which said bill and to the Private Calendar. report were referred to the Private Calendar. Mr. SULLOWAY, from the Committee on Invalid Pensions, to Mr. SULLOWAY, from the Committee on Invalid Pensions, which was referred the bill of the House (H. R. 7248) granting a to which was referred. the bill of the House (H. R. 4872) granting 1812' CONGRESSIONAL RECORD- HOUSE: FEBRUARY 9, · an increase of pension to Albert W. Bradbury, reported the same port (No. 841); which said bill and report were referred to the without amendment, accompanied by a report (No. 824); which Private Calendar. said bill and r2port were referred to the Private Calendar. He also, from the same committee, to which was referred the Mr. DEEMER, from the Committee on Invalid Pensions, to bill of the House (H. R. 5580) granting a pension to Celia C. Owen, · which was referred the bill of the House (H. R. 4449) granting reported the same with amendment, accompanied by a report an increase of pension to William Brown, reported the same with (No. 842); which said bill and report were referred to the Private amendment, accompanied by a report (No. 825); which said bill Calendar. ai).d report were referred to the Private Calendar. Mr. HOPKINS, from the Committee on Invalid Pensions. to He also, from the same committee, to which was referred the which was referred the bill of the House (H. R. 10748) gl'anting bill of the House (H. R. 2001) granting a pension to Nora J. an increase of pension to Kate Ridgeway, reported the same with Glahn, reported the same with amendment, accompanied by are amendment, accompanied by a report (No. 843); which said bill port (No. 826); which said bill and report were referred to the and report were referred to the Private Calendar. Private Calendar. · Mr. BRADLEY. from the Committee on Invalid Pensions. to l\lr. GIBSON, from the Committee on Invalid Pensions, to which which was referred the bill of the House (H. R. 5342) gr~ting a was referred the bill of the House. (H. R. 2204) granting an in pension to Jane E. Sutfin, reported the same with amendment, crease of pension to Addison B. Stone, reported the same with accompanied by a report (No. 844); which said bill and report amendment, accompanied by a report (No. 827); which said bill were referred to the Private Calendar. and report were referred to the Private Calendar. ~Ir. SULLOWAY, from the Committee on Invalid Pen· ions, to Mr. HOLLIDAY, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 11194) granting which was referred the bill of the House (H. R. 1339) granting an increase of pension to FrankS. Nickerson, reported the arne an increase of pension to Joseph Scott, reported the same with with amendment, accompanied by a report (No. M5); which said amendment, accompanied by a report (No. 828); which said bill bill and report were referred to the Private Calendar. and report were referred to the Private Calendar. Mr. SAMUEL W. Sl\ITTH, from the Committee on Invali.d Mr. SULLOWAY, from the Committee on Invalid Pensions, to Pensions. to which was referred the bill of the House (H. R. which was referred the bill of the House (H. R. 720) granting an 4326) granting an increase of pension to Wilfred C. McCardell, increase of pension to FrankL. Gray, reported the arne without reported the same with amendment. accompanied by a re-port amendment, accompanied by a report (No. 829); which said bill (No. 846); which said bill and report were referred to the Private and report were referred to the Private Calendar. Calendar. Mr. FULLER, from the Committee on Invalid Pensions, to Mr. HOLLIDAY, from the Committee on Invalid Pensions. to which was referred the bill of the House (H. R. 2692) granting which was referred the bill of the House (H. R. 9980) granting an increase of pension to Elwood Finley, reported the same with an increase of pension to Edwin A. Haradon. reported the arne ~A.mendment, accompanied by a report (No. 830); which said bill with amendment, accompanied by a report (No. 47); which said and report were referred to the Private Calendar. bill and report were referred to the PriTate Caelndar. Mr. GIBSON, from the Committee on Invalid Pensions, to which He also, from the same committee, to which was referred. the was referred the bill of the House (H. R. 2192) granting an in bill of the House (H. R. 4151) granting a pension to John W. crease of pension to William 0. Smith, reported the same with Foland, reported the same with amendment, accompanied by a amendment, accompanied by a report (No. 831);. which said bill report (No. 848); which said bill and report were re erred to the and report were referred to the Private Calendar. Private Calendar. Mr. LUCKING, from the Committee on Invalid Pensions, to Mr. HOPKINS, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 2976) granting a which was referred the bill of the House (H. R. 10 50) granting pension to Enoch J. Evans, reported the same with amendment, an increase of pension to Adaline L. Power , re~orted the Eame accompanied by a report (No. 832); which said bill and report with amendment, accompanied by a report (No. t49); which said were referred to the Private Calendar. bill and report were referred to the Private Calend3.r. Mr. FULLER, from the Committee on Invalid Pensions, to Mr. SULLOWAY, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 2947) granting which was referred the bill of the House (H. R. 8970) granting an increase of pension to William F. Thompson, reported the an increase of pension to Charles B. Hart. reported the same with same with amendment, accompanied by a report (No. 833); which out amendment, accompanied by a report (No.8 0); which said said bill and report were referred to the Private Calendar. bill and report were referred to the Private Calendar. :Mr. HUNTER, from the Committee on Invalid Pensions, to He also, from the S3.me eommittee, to which was referred the which was referred the bill of the House (H. R. 2995) granting a bill of the House (H. R. 10194) granting an increase of pension to pension to Mary Korth, reported the same with amendment, ac Marion Long, reported the same without amendment. accom companied by a report (No. 834); which said bill and report were panied by a report (No. S51); which said bill and report were re referred to the Private Calendar. ferred to the Private Calendar. Mr. HOLLIDAY, from the Committee on Invalid Pensions, to Mr. GIBSON, from the Committee on Invalid Pensions, to which was refen:ed the bill of the House (H. R. 936) granting an which was referred the bill of the House (H. R. 7436) granting increase of pension to William Millian, reported the same without an increase of pension to James Smith. reported the same with amendment, accompanied by a report (No. 835); which said bill amendment, accompanied by a report (No. 852); which said bill and renor. were referred to the Private Calendar. and report were referred to the Private Calendar. Mr. BRADLEY, from the Committee on Invalid PBnsions, to Mr. SAMUEL W. SMITH, from the Committee on In-valid which was referred the bill of the House (H. R. 4192) granting Pensions, to which was referred the bill of the House (H. R. an increa.Se of pension to Frederick A. Slocum, reported the same 10700) granting a pension to Ella D. Madden, reported the same with amendment~ accompanied by a report (No. 836); which said with amendment, accompanied by a report (No. 853); which said bill and report were referred to the Private Calendar. . bill and re-port were referred to the Private Calendar. Mr. LUCKING, from the Committee on Invalid Pensions, to Mr. HOLLIDAY, from the Committee on Invalid Pensions. to which was referred the bill of the House (H. R. 4719) granting which was referred the bill of the House (H. R. 9125) granting. an increase of pension to Joseph F. Carter, reported the same an increase of pension to William S. King, reported the same with with amendment, accompanied by a report (No. 837); which said amendment, accompanied by a report (No. 854); which said bill bill and report were 1·eferred to the Private Calendar. . and report were referred to the Private Calendar. Mr. BRADLEY, from the Committee on Invalid Pensions, to Mr. FULLER, from the Committee on Invalid Pensions. to which was referred the bill of the House (H. R. 6335) granting which was referred the bill of the House (H. R. 6602) granting an increase of pension to James A. Barnes, reported the same an increase of pension to B. F. Hackett. reported the same with with amendment, accompanied by a report (No. 838); which said amendment, accompanied by a report (No. 855); which said bill bill and report were referred to the Private Calendar. and report were referred to the Private Calendar. Mr. CALDERHEAD. from the Committee on Invalid Pensions, He also, from the same committee, to which was referred the to which was referred the bill of the House (H. R. 3936) granting bill of the House (H. R. 7659) granting a pension to Emma M. an increase of pension to Isaac Frazier, reported the same with Elliott, reported the same with amendment. accompanied by are amendment, accompanied by a report (No. 839); which said bill port (No. 856); which said bill and report were referred to the and report were referred to the Private Calendar. Private Calendar. Mr. SULLOWAY, from the Committee on Invalid Pensions, to Mr. LUCKING, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 4605) granting which was referred the bill of the House (H. R. 8991) granting an increase of pension to William Herlinger, reported the same an increase of pension to William E. Mattison, reported the same with amendment, accompanied by a report (No. 840); which said with amendment, accompanied by a report (No. 857); which said bill an By Mr. HOUSTON: A bill (H. R. 12041) to modify and sim By Mr. DRESSER: A bill (H. R. 12069) granting an increase plify the pension laws of the United States-to the Committee on of pension to Joseph Eckley-to the Committee on Invalid .Pen Invalid Pensions. sions. By Mr. FRENCH: A bill (H. R. 12042). to protect the rights of Also, a bill (H. R. 12070) for the relief of Clayton S. Gardner women citizens of the United States to register and vote for Mem to the Committee on Claims. bers of the House of Representatives-to the Committee on Elec Also, a bill (H. R.12071) for the relief of Clayton S. Gardner tion of President, Vice-President, and Representatives in Congress. to the Committee on Claims. ALo, a bill (H. R. 12043) to provide for an examination to de By Mr. GAINES of West Virginia: A bill (H. R.12072) for the terrnine the feasibility of reclaiming the overflowed lands of the relief of J.D. Coleman-to the Committee on War Claims. Kootenai River in northern Idaho and Montana-to the Commit By Mr. GILLET of New York: A bill (H. R. 12073) granting tee on the Public Lands. an increase of pension to Eliza J. Gardner-to the Committee on By Mr. YOUNG: A bill (H. R. 12044) to authorize the estab Invalid Pensions. lishment of a life-saving station at or near Eagle Harbor, Kewee By Mr. HAJ\fTT.TON: A bill (H. R.12074) grantinganincreaseof naw Point, Michigan-to the Committee on Interstate and Foreign pension to Francis Goake-to the Committee on Invalid Pensions. Commerce. By Mr. HASKINS: A bill (H. R. 12075) granting an increase By Mr. HUNTER: A bill (H. R. 12138) making appropriation of pension to Loren S. Axtell-to the Committee on Invalid Pen to provide current literature for reading and recreation rooms at sions. army posts-to the Committee on Military Affairs. Also, a bill (H. R. 12076) granting an increase of pension to By Mr. WM. ALDEN SMITH: A joint resolution (H. J. Res. Matthew Stewart-to the Committee on Invalid Pensions. 105 ) providing for the erection of a monument in Arlington Ceme By Mr. HAUGEN: A bill (H. R. 12077) granting an increa e tery to the memory of Charles Vernon Gridley, late captain, of pension and restoration of pension toNelson Jenks-to the Com United States Navy-to the Committee on the Library. mittee on Invalid Pensions. Also, a resolution (H. Res. 208) providing for certain clerical By Mt·. HEMENWAY: A bill (H. R. 120i8) granting an in employment by the Committee on Rules-to the Committee on crease of pension to James H. Robinson-to the Committee on Rules. Invalid Pensions. By Mr. HEPBURN: A bill (H. R.12079) grauting a pen...cnon to Mary G. Mew-to the Committee on Invalid Pensions. PRIVATE BILLS AND RESOLUTIONS. By Mr. HERMANN: A bill (H. R. 12080) granting an increase Under clause 1 of Rule XXII, private bills and resolutions of of pension to James A. Zabriski.e-to the Committee on Invalid the following titles were introduced and severally referred as Pensions. follows: Also, a bill (H. R. 12081) gTanting an increase of pension to By Mr. ADAMSof Pennsylvania: A bill (H. R.12045) granting Joseph B. Leatherman-to the Committee on Invalid Pensions. a pension to John H. SteYens-to the Committee on Invalid Pen By Mr. HILDEBRANT: A bill (H. R. 12082) granting an in sions. crease of pension to Adline Petara-to the Committee on Invalid By Mr. ALLEN: A bill (H. R. 12046) for the relief of John Pensions. CoulliaTd-to the Committee on Claims. Also, a bill (H. R. 12083) granting an increase of pension to By Mr. BARTLETT: A bill (H. R.12047) granting a pension to William A. Aultman-to the Committee on Invalid Pensions. Mary S. Plat~to the Committee on Pensions. · Also, a bill (H. R. 12084) granting an increase of pension to By Mr. BATES: A bill (H. R. 12048) granting an increase of John Hartley-to the Committee on Invalid Pensions. pension to Maria Leuckart-to the Committee on Invalid Pensions. .Also, a bill (H. R. 12085) granting an increase of pension to By Mr. BENTON: A bill (H. R. 12049) gTanting an increase of Rudolph Bnrkhart-to the Committee on Invalid Pensions. pension to Andrew J. Molder-to the Committee on Invalid Pen Also, a bill (H. R. 12086) granting a pension to William Hud sions . son-to the. Committee on Pensions. .Also, a bill (H. R. 12050) granting an increase of pension to By Mr. HOGG: A bill (H. R.12087) granting an increase of David R. Luttrell-to the Committee on Invalid Pensions. pension to George S. Woods-to the Committee on Im·alid Pen Also, a bill (H. R.12051) granting a pension to William R. Col sions. lins-to the Committee on Invalid Pensions. By Mr. CHARLES B. LANDIS: A bill (H. R. 12088) granting Also, a bill (H. R. 12032) granting a pension to Walter P. Mitch an increase of pension to James M. Watts-to the Committee on ell-to the Committee on Invalid Pensions. Invalid Pensions. By Mr. BROWN of Pennsylvania: A bill (H. R. 12053) granting Also, a bill (H. R. 12039) granting an increase of pension to an incTease of pension to James Large-to the Committee on In William H. Dooley-to the Committee on Invalid Pensions. valid Pensions . Also, a bill (H. R. 12090) granting an increa e of pen ion to .Also, a bill (H. R.12054) granting a pension to Daniel W. Rade William R. Clark-to the Committee on Invalid Pension . baugh-to the Committee on Invalid Pensions. By Mr. LANNING: A bill (H. R.12091) for the relief of Second By Mr. BURLEIGH: A bill (H. R. 12035) granting an increase Lieut. Gouverneur V. Packer, Twenty-fom·th United States In of pension to Henry S. Stowell-to the Committee on Pensions. fantry-to the Committee on Military Affairs. By Mr. CAMPBELL: A bill (H. R. 12056) granting an increase By Mr. LITTLE: A bill (H. R. 12092) correcting the military of pension to Kerzia Cherry-to the Committee on Pensions. record of Jesse L. Meeks-to the Committee on Military Affair . By Mr. CLARK: A bill (H. R. 12057) granting an increase of By Mr. MOON of Pennsylvania: A bill (H. R. 12093) granting pension to John M. C. Rentfro-to the Committee on Invalid Pen an increase of pension to Sarah A. McMurtrie-to the Committee sions. on Pensions. ·. By Mr. COOPER of Pennsylvania: A bill (H. R. 12058) grant By Mr. MURDOCK: A bill (H. R. 12094) granting an increa.e ing an increase of pension to John W. Dickey-to the Committee of pension to James T. McKinstry-to the Committee on Invalid on Invalid Pensions. Pensions. Also, a bill (H. R. 12059) granting an increase of pension to Also, a bill (H. R. 12095) granting an increase of pension to Michael Cover-to the Committee on Invalid Pensions. Henry Benfer-to the Committee on Invalid Pensions. .Also, a bill (H. R. 12060) granting an increase of pension to Also, a bill (H. R. 12096) granting an increa~e of pension to William P. Fonst-to the Committee on Invalid Pensions. August Siederman-to the Committee on Invalid Pensions . .Also, a bill (H. R.12061) gmntinga pension to Rachel Fleegel Also, a bill (H. R. 12097) granting an increa e of pension to to the Committee on Invalid Pensions. Royal C. J ohnson-to the Committee on Invalid Pen ions. By Mr. CROWLEY: A bill (H. R.12062) granting a pension to By 1\fr. McCREARY of Pennsylvania: A uill (H. R. 120{) ) to Edward H. Bennett-to the Committee on Inva.lid Pensions. correct the military record of James McMillan-to the Commit By Mr. DANIELS: A bill (H. R. 12063) granting an incTease of tee on Military Affah·s. pension to George S. Myers-to the Committee on Invalid Pen- By :Mr. PAYNE: A bill (H. R. 12099) granting an increa 'e of ~~. - pension to Edwin M. Slayton-to the Committee on Invalid Pen By Mr. DICK: A bill (H. R. 12064) granting an increase of pen sions. sion to Amos L. Hood-to the Committee on Invalid Pensions. By Mr. PIERCE: A bill (H. R. 12100) for the relief of the trus Also, a bill (H. R. 12065) granting an increase of pension to tees of the Cumberland Presbyterian Church and Ma onic Lod~e . Esther Crane-to the Committee on Invalid Pensions. of RutherfoTd, Gibson County, Tenn.-to the Committee on War Also, a bill (H. R. 12066) granting an increase of pension to Claims. Edrick J. Frary-to the Committee on Invalid Pensions. By Mr. POWERS of Massachusetts: A bill (H .. R. 12101) to Also, a bill (H. R. 12067) grantmg an increase of pension to correct the military record of Henry Rockwood-to the Commit John R. Wolfe-to the Committee on Invalid Pensions. tee on Military Affairs. By Mr. DINSMORE: A bill (H. R. 12068) for the relief of the By Mr. REID: A bill (H. R. 12102) granting a pension to La estate of Jesse Hollingshead, deceased, late of Benton County, van C. Obarr-to the Committee on Invalid Pensions. Ark.-to the Committee on War Claims. Also, a bill (H. R. 12103) to correct the military record of Harry 1904. CONGRESSIONAL RECORD-HOUSE. 1815 Miller .and grant him an honorable discharge-to the Committee PETITIONS, ETC. on Military Affairs. Under claUBe 1 of Rule :xxn, the following petitions and papers By Mr. RICHARDSON of .Alabama: A hill (H. R. 12104) for were laid on the Clerk's desk and referred as follows: the Telief of La Grange College-to the Comniittee on W arClaims. By the SPEAKER: Resolution of the Philadelphia Board of By :Mr. ROBINSON of Arkansas: A bill (H. R. 12105) grant- Trade, asking for favorable action upon bills S. 2259 and 2263- ing an increase of pension to James A. Lowe-to the Committee to the Committee on the Merchant :Marine and Fisheries. on Invalid Pensions. .Also, resolutions of the Antlers Republican Club, protesting By Mr. R.IXEY: A bill (H. R. 12106) granting an increase of against the removal of the United States district court from Ant pension to Stephen Rogers- to the Committee on Invalid Pensions. lers, Ind. T .• to Hugo, Ind.. T .-to the Committee on the Judiciary. By :Mr. SHERLEY: A bill (H. R. 12107) to refund to the ByMr. ACHESON: ResolutionofPhiladelphiaBoardofTrade, Greenbrier Distillery Company taxesopaid on whisky destroyed- relative to confining the trade between the United States and the to the Committee on Claims. Philippines to vessels of American registry-to the Committee on .Also, a bill (H. R. 12108) for the relief of Mary Douglas Grif- the Merchant Marine and Fisheries. fiths-to the Committee on Claims. Also, resolution of James Noble Post, No. 348, Grand Army of Also, a bill (H. R. 12109) granting a pension to Charles F. Wil- the Republic. West Alexander, Pa. ~in favor of a service-pension Iiams-to the Committee on Pensions. bill-to the Committee on Invalid Pensions. By Mr. SIBLEY: A bill (H. R.12110) authorizing the Commis- By Mr. ADAMS of Pennsylvania: Resolution of Philadelphia sioner of Patents to extend the patent issued to William Richards Board of Trade. relative to confining the trade between the United for extracting oil from oil wells and oil-bearing rock, and tubes States and the Philippines to vessels of American 1·egistry-to the therefor-to the Committee on Patents. Committee on the Merchant Marine and Fisheries. By Mr. WM. ALDEN SMITH: A bill (H. R. 12111) granting Also, resolution of the National Board of Trade, relative to the a pension to Mary Fitz Gibbons-to the Committee on Invalid reorganization of the consular service-to the Committee on Fol·- Pensions. eign Affairs. Also, a bill (H. R.12112) for the relief of Alonzo Vangorden- By Mr. ALLEN: PapertoaccompanyclaimofJohnCoulliard- to· the Committee on War Claims. to the Committee on Claims. _ By 1\fr. SOUTHARD: A bill (H. R.12113) granting an increase By Mr. BARTLETT: Petition of C. B. Holleman and 18 other ofpensiontoWalterEckel-totheCommitteeoninvalidPensions. voters; W. H. Hatcherand21 othervoters; W. H. Reynolds and Also, a bill (H. R. 121t4) granting an increase of pensiDn to 29 other voters; La Mar, Taylor & Riley Drug Company and 70 Henry De Groff-to the Committee on Invalid Pensions. voters, and E. A. Middlebrooks and 80 other voters, protesting Also, a bill (H. R. 12115) granting an increase of pension to against the passage of a parcels-post bill-to the Committee on _ Henry Hahn-to the Committee on Invalid Pensions. the Post-Office and Post-RoadB. By Mr. STEVENS of Minnesota: A bill (H. R. 12116) for the By Mr. BASSETT: Petition of New York Board of Trade and relief of Civil Engineer P. C. Asserson, retired-to the Commit- Transportation, against increasing the powers of the Interstate tee on Naval Affairs. Commerce Commission-to the Committee on Interstate and By Mr. SULLIVAN of ,Massachusetts: A bill (H. R. 12117) for Foreign Commerce.. the relief of the heirs of William Pitcher and Axel Hayford, and By Mr. BENTON: Papers to accompany bill granting increase Samuel Otis and George B. Fergusson-to the Committee on of pension to David R. Luttrell-to the Committee on Invalid Claims. Pensions. By Mr. SULLOWAY: A bill (H. R. 12118) for the relief of Also, papers to accompany bill granting a pension to Walter P. Warren W. Keen-to the Committee on Claims. Mitchell-to the Committee on Invalid Pensions. By Mr. TAYLOR: A bill (H. R. 1~119) for the relief of Hannah Also, paper to accompany bill granting pension to William R. J. Jones, executrix of Emanuel Jones, deceased, a British sub- Collins-to the Committee on Invalid Pensions. • ject-to the Committee on Foreign Affairs. Also, papers to accompany bill granting increase of pension to By Mr. WATSON: A bill (H. R. 12120) granting an increase of Andrew J. Molder-to the Committee on Invalid Pensions. pension to David C. Benjamin-to the Committee on Invalid Pen- By :Mr. BURKE: Petition of L. G. Borst and 48 others, of sions. Brookings, S.Dak.. favoring the passage of the Hepburn-Dolliver Also, a bill (H. R. 12121) granting an increase of pension to bill-to the Committee on the Judiciary. Aurelian B. Armington-to the Committee on Invalid Pensions. By Mr. BURLEIGH: Papers to accompany bill granting in- Also, a bill (H. R. 12122) granting an increase of pension to crease of pension to HenryS. Stowell-to the Committee on Pen- George W. Guire-to the Committee on Invalid Pensions. sions. By Mr. WILLIAMS of lllinoiB: A bill (H. R. 1212.3) granting Also, petition of the Woman's Christian Temperance Union and an increase of pension to Alexander Renn-to the Committee on 37 others, of Fairfield, Me., in favor of the Hepburn-Dolliver bill- Invalid Pensions. to the Committee on the Judiciary. .Also, a bill (H. R. 12124) granting an increase of pension to Also, resolution of Charles L. Stevens Post, No. 76, Grand Thomas J. Harris-to the Committee on Invalid Pensions. Army of the Republic, Department of Maine, in favor of a Also, a bill (H. R. 12125) granting an increase of pension to se1'Vice-pension bill-to the Committee on Invalid Pensions. Henry Bachman-to the Committee on Invalid Pensions. By 1\fr. BUTLER of Pennsylvania: Petition of Rev. Henry C. Also, a bill (H. R. 12126) granting an increase of pension to Sperbeck and 12 others, of W€st Grove, Pa., in favor of the Rep- William Ewin-to the Committee on Invalid Pensions. burn-Dolliver bill-to the Committee on the Judiciary. Also, a bill (H. R. 12127) granting an increase of pension toAsa Also, petition of Edwin P. Sellew and 61 others, of Darby- A. Farmer-to the Committee on Invalid Pensions. boro, Pa., in favor of the Hepburn-Dolliver bill-to the Com- Also, a bill (H. R. 12128) granting an increase of pension to I mittee on the Judiciary, David Morgan-to the Committee on Invalid Pensions. Also, petition of Avondale Woman's ChJ."istian Temperance Also a bill (H. R. 12129) granting an increase of pension to Union, of Avondale, Pa., against sale of liquors in Soldiers' Honies John F. Casper-to the Committee on Invalid Pensions. and Government buildings-to the Committee on Alcoholic Liquor Also, a bill (H. R. 12130) to remove the charge of desertion Traffic. from the record of Michael Fitzgerald-to the Committee on Mill- By Mr. CALDERHEAD: Petitions of C. A. Tripp and 35 others, tary Affairs. of Herington; E. A. Tripp and 49 others, of Herington; J. F. Also, a bill (H. R. 12131) granting an increase of pension to Clark and 39 others, of Tescott; Robert L. Kepperling and 71 Edward R. Chapman-to the Committee on Pensions. others, of Junction City, and Robert L. KepperlingJand 68 others, By Mr. BURTON: A bill (H. R. 12132) granting a pension to of Junction City, all in Kansas, in favor of the Hepburn-Dolliver Ma1·y L. :McClure-to the Committee on Invalid Pensions. bill-to the Committee on the Judiciary. By Mr. DUNWELL: A bill (H. R. 12133) granting an increase Also. resolution of the board of regents of the Kansas State of pension to James Johnson-to the Committee on Invalid Pen- A~ri?ultnral Colleg~, in favor. of bill H. R. 8618, ~ increas e a~pro sions. . pnations for expel"illlent stations-to the Comnnttee on Agncul By Mr. CASSEL: A bill (H. R. 12134) granting an increase of ture. · pension to Albert Haldeman-to the Committee on Invalid Pen- Also, resolution of James B. McPherson Post, No. 87, Grand sions. Army of the Republic, Department of Kansas, in favor of a serv- By Mr. WARNOCK: A bill (H. R. 12135) granting an increase ice-pension bill-to the Committee on Invalid Pensions. of pension to William Rummel-to the Committee on Invalid .Also, resolution of John Dillon Post, Grand Army of the Re- Pensions. public, and the Woman's Relief Corps, jn favor of Calderhead- By Mr. WILLIAMS of IDinDis: A bill (H. R. 12136) granting an Dolliver service-pension bill-to the Committee on Invalid Pen· increase of pension to Maria S. Benson-to the Committee on In- sions. valid Pensions. By 1tfr. CAMPBELL: Petition of producers and oil operators Also, a bill (H. R. 12137) for the relief of Emeline E. Mus- of the Third Congressional district of Kansas, favoring the pas· grg,ve-to the Committee on Claims. sage of bill H. R. 9636-to the Committee on Indian Affairs, 1816 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9, Also, petition of 200 members of the First Christian Church of Also, resolutions of Hooker Post, No.5; Woodbury Post, No. Chetopa, Kans., in favor of the passage of the Hepburn bill, 63, and 0. 0. Howard Post, No. 33, Grand Army of the Republic, H. R. 4072; also petition of H. Cox and 29 others, of Lowell. in favor of a service-pension bill-to the Committee on Invalid Kans., in favor of the Hepburn-Dolliv-er bill-to the Committee Pensions. on the Judiciary. By Mr. HAUGEN: Petition of James 1\f. Wilson and 19 other Also, resolutions of James B. McPherson Post, No. 87, Grand voters, of Oelwein, Fayette County State of Iowa, in favor of Army of the Republic, of Kansas, favoring the passage of a serv- Hepburn-Dolliver bill-to the Committee on the Judiciary. ice-pension law-to the Committee on Invalid Pensions. Also, resolution of George W. S. Dodge Post, No. 132, Grand Also, resolutions of the board of regents of the Kansas State Army of the Republic, Department of Iowa. in favor of a service Agricultural College, for additional appropriations for agricul- pension bill-to the Committee on Invalid Pensions. tural experiment stations-to the Committee on Agriculture. Also, petition of citizens Qf Ossian, Iowa. against parcels-post By Mr. CASSINGHAM: Papers to accompany bill H. R. 11058, bill-to the Committee on the Post-Office and Post-Roads. granting a pension to Mary Apple-to the Committee on Invalid By Mr. HEDGE: Resolutions of George H. Emerson Post, No. Pensions. 268, and Ed Hamlin Post. No. 112, Grand Army of the Republic, Also. papers to accompany bill H. R. 6332, g;ranting a pension Department of Iowa, in favor of a service· pension bill-to the to Rachel Davis-to the Committee on Invalid Pensions. Committee on Invalid Pensions. By Mr. CLARK (by request): Petition of T. J. Terril and Also,petitionoftheClayWoman'sChristianTemperanceUnion others, of Bowling Green, Ky., for the passage of the Hepburn- and 16 others, of Clay; Carl Stiefel and 12 others, of Henry County; Dolliver bill-to the Committee on the Judiciary. C. E. Hamilton and 15 others, J. M. Hooley and 14 others, of Henry Also, petition of citizens of Lincoln County, Mo., in favor of County, and W. G. Wilson and 70 others, of Mount Pleasant, all the Brownlow good-roads bill-to the Committee on Agriculture. in Iowa, in favor of the Hepburn-Dolliver bill-to the Committee By Mr. COOPER of Pennsylvariia: Resolution of George D. on the Judiciru.-y. Bayard Post. No. 178, of Belle Vernon, Fayette County, Grand By Mr. HENRY of Connecticut: Resolution of the Chamber of Army of the Republic, favoring passage of service-pension bill- Commerce of New Haven, in favor of harbor of refuge at Hortons to the Committee on Invalid Pensions. Point--to the Committee on Rivers and Harbors. , By Mr. DANIELS: Papers to accompany bill granting a pen- By Mr. HILDEBRANT: Papers to accompany bill H. R. 1471, sion to George S. Myers-to the Committee on Invalid Pensions. granting an increase of pension to Hill C. Crawford; papers to Also, resolutions of Pomona Board of Trade, favoring the im- accompany bill granting an increase of .pension to John Hartley; provement of the inner harbor at San Pedro, Cal.-to the Com- papers to accompany bill H. R. 6007, granting a pension to James mittee on Rivers and Harbors. H. Berryman, and papers to accompany bill granting an increase By Mr. DINSMORE: Paper to accompany bill to inm·ease pen- of pension to Adline Petard-to the Committee on Invalid Pen sion of Samuel H. Johnson-to the Committee on Invalid Pen- sions. sions. By Mr. HINSHAW: Resolutions of organized agriculture and Also, paper to accompany claim of the estate of Jesse Hollings- other agricultural wcieties of Nebraska, in favor of bill H. R. head-to the Committee on War Claims. 8678-to the Committee on Agriculture. Also, petition of A. J. White and 89 others, of Springdale, Ark., By Mr. HOGG: Petition of M. E. Hanks and 37 others, of Salida, in favor of the Hepburn-Dolliver bill-to the Committee on the Colo., favoring the passage of the Hepburn-Dolliver bill-to the Judiciary. Committee on the Judiciary. By Mr. DRAPER: Resolution of the Philadelphia Board of By Mr. HUFF: Resolution of Philadelphia Board of Trade, rei- Trade, in favor of bills S. 2259 and 2263, relative to confining the ative to the extension of the navigation laws-t Also, resolution of the National German-American Alliancl3, Foxboro; Major E. F. Fletcher Post, No. 22; P. G. Wymcur recommending legislation in the interests of immigration-to the Post. No. 6, of Hollister; Prentiss M. Whiting Post, No. 192, and Committee on Immigration and Naturalization. James H. Sargent Post, No. 130, Grand Army of the Republic, Also resolutions of the National Business League, of Chicago, Department of Massachusetts, in favor of a service-pension bill ill., recommending legislation providing for the enlargement of to the Committee on Invalid Pensions. the United States Navy-to the Committee on Naval Affairs. By .1\Ir. RANDELL of Texas: Petition of pastors of Christian, Also, resolution of the city council of Salem, Mass., indorsing Methodist, Baptist. and Cumberland Presbyterian churches, and the McCall bill for the suspension of navigation laws for the pur 70 other votera, of Mineral Wells, Tex., for the passage of the pose of facilitating the transportation of coa,!-to the Committee Hepburn-Dolliver bill-to the Committee on the Judiciary. on the Merchant Marine and Fisheries. By Mr. REEDER: Petition of ex-soldiers of the civil war, Also, resolution of the Board of Trade of Gloucester, Mass.,in 1861-1865, in favor of the Curtis service-pension bill-to the Com dorsing proposed legislation to provide for pensions for members mittee on In valid Pensions. of the Life-Saving Service and for their widows and minor chil Also, resolution of James B. McPherson Post, No. 87, Grand dren-to the Committee on Pensions. Army of the Republic, Department of Kansas. in favor of a serv Also, resolution of the Atlantic Coast MarineFiremen'sUnion, ice-pension bill-to the Committee on Invalid Pensions. protesting against the McCall bill providjng for coastwise trade By Mr. RIDER: Resolution of the senate of New York State, for ninety days for foreign tramp vessels-to the Committee on favoring the bill to promote the efficiency of the Life-Saving the Merchant Marine and Fisheries. Service-to the Committee on Interstate and Foreign Commerce. Also, resolutions of Boston Lodge, No. 80, I. 0. S. B., of Boston; A so, resolution of United States Commercial Tnvelers of Star Lodge. No. 309, 0. B. A.; Pride of Massachusetts Lodge. No. America, New York C01.mcil, No.114, favoring an amendment to 1Sl, of Boston, and B'nai Jacob Lodge, No. 89, I. 0. A. I .. of Bos the banln·uptcy bill-to the Committee on the Judiciary. ton, protesting against methods and practice of immigration offi Aho, resolution of Philadelphia Board of Trade, relating to cers in deportation cases of Jewish immigrants-to the Committee trade betwean United States and Philippine Islands-to the Com on Foreign Affairs. mittee on Interstate and Foreign Commerce. By Mr. KETCHAM: Petition of Albert I. Akin, secretary of Also, memorial of the board of supervisors of the city and Patterson (N.Y.) Grange, No. 939, and 70 members, favoring pas county of San Francisco, Cal. , in relation to Tuolumne River and sage of Brownlow good-roads bill-to the Committee on Agricul Lake Eleanor reservoir rights of way-to the Committee on ture. Rivers and Harbors. Also, petition of D. T. Slater and 38 others, of Windham, Greene By Mr. ROBERTS: Petition of Everett L. Lewis and 15 others, County, N.Y., favoring passage of Hepburn-Dolliver bill-to the of Lynn, Mass., in favor of the I{epburn-Dolliver bill-to the Committee on the Judiciary. Committee on the Judiciary. By Mr. KLINE: Resolution of Samuel Kress Post, No. 284, Also, resolution of the Chelsea Board of Trade, in favor of ar Grand Army of the Republic, Department of Pennsylvania, in bitratio'J. treaties between the United States and Great Britain favor of a service-pension bill-to the Committee on Invalid to the Committee on Foreign Affairs. Pensions. Also, resolution of General Lauder Post, No.5, Grand Army Also, resolution of the Philadelphia Board of Trade, relative to of the Republic, of Lynn, Mass., in favor of a service-pemion confining the trade between the United States and the Philippines law-to the Committee on Invalid Pensions. to ve~sels of American registry-to the Committee on the Mer By Mr. ROBINSON of Arkansas: Petition to accompany bill chant Marine and Fisheries. granting a pension to W. J. Murray-to the Committee on In By Mr. LACEY: Petition of citizens of Ottumwa, Iowa. pro valid Pensions. testing against enactment of a parcels-post bill-to the Commit By Mr. ROBINSON of Indiana: Petitions of George Warcup, tee on the Post-Office and Post-Roads. of Huntertown. Ind., and Ed. F. Koenemann & Co., of Hoagland, Also, petitions of H. A. Towne and 38 othervoters, of Whiting, Ind., favoring the passage of the Cooper Interstate Commerce Monona County, Iowa, and of J. A. Hahn and 41 other voters. of Commission bill (H. R. 6273)-to the Committee on Interstate Colfax, Iowa, favoring the passage of the Hepburn-Dolliver and Foreign Commerce. bill-to the Committee on the Judiciary. By Mr. RODEY: Resolution of the Mesilla Valley Farmers' In By Mr. LITTLEFIELD: Memorial of Lamb Transportation stitute, in favor of bill (H. R. 8678)-to the Committee en Agri Company and 33 other firms, individuals, and corporations engaged culture. in the shipping business, protesting against admission of foreign By Mr. SHAFROTH: Petition of the Woman's Christian Tem built ships to American registry-to the Committee on the Mer perance Union and 47 others, of Fort Lupton, Colo., in favor of chant Marine and Fisheries. the Hepburn,Dol iver bill-to the Committee on the Judiciary. By Mr. LOUDENSLAGER: Resolution of the legislature of the By Mr. SIBLEY: Papers relating to a certain patent granted State of New Jersey, in favor of the improvement of the harbor William Richards-to the Committee on Patents. adjacent to the city of Cape May, N. J.-to the Committee on Also, resolution of Captain George Stow Post, No. 274, Grand Rivers and Hru·bors. .Army of the Republic, Department of Pennsylvania, in favor of By Mr. McMORRAN: Petition of Theodore Blake, mayor of a service-pension bill-to the Committee on Invalid Pensions. Lapeer, Mich., and 46 other voters of that city; also petition of By Mr. SMITH of illinois: Petition of citizens of Benton, ill., C. M. Campbell and 20 other voters of the same city, urging pas in favor of bills granting a p~nsion of $30 per month to Martin sage of Hepburn-Dolliver bill-to the Committee on the Judiciary. H. Ozment, Isaac N. Wilhite, and George W. Williams-to the By Mr. MARSHALL: Petition of James Ferguson and 13 other Committee on Invalid Pensions. voters, of Grandin. Cass County, N.Dak.; C. D. Locklin and 31 Also, resolution of the Fal'Iners' Social and Economic U:aion of other voters, of Rolette County, N.Dak., and J. Woolsey and 31 illinois, re!ative to the price of live stock-to the Committee on other voters, of Wahpeton, N. Dak. , favoring passage of Hep Ways and Means. burn-Dolliver bill-to the Committee on the Judiciary. By Mr. SMITH of Michigan: Petition of 85 members of the Also, petition of F. B. Smit.h and 25 other voters, of Leal, Haven _Methodist Episcopal Church, of Wayne, Mich., and of C. Barnes County, N.Dak., favoring passage of Hepburn-Dolliver E. Pearce and 33 others, of Oak Grove, Mich., in favor of the bill-to the Committee on the Judiciary. Hepburn-Dolliver bill-to the Committee on the Judiciary. By Mr. METCALF: Petitions of Walter W. Bradley and 27 By 1\fr. SAMUEL W. SMITH: Petition of Adam F. Andrews others, W. Clyde Smith and 28 others, and of C. J. Hill and 35 and 60 other voters, of Fenton, Mich., for the passage of the Hep others, of Berkeley, Cal., in favor of the Hepburn-Dolliver bill burn Dolliver bill-to the Committee on the Judiciary. to the Committee on the Judiciary. . By Mr. WM. ALDEN SMITH: Resolution of'Custer Post, No. By Mr. .1\fURDOCK: Petition of W. H. Barr and 45 others, of 5, Department of Michigan, Grand Army of the Republic, favor Ransom, Kans., and of George R. Blake and 79 others, of St. John, ing a service-pension bill-to the Committee on Invalid Pensions. Kans., favoring the passage of the Hepburn-Dolliver bill-to the By Mr. SMITH of Texas: Petition of Rev. D. H. Smith and 70 Committee on the Judiciary. other voters, of Mineral Wells, Tex., for the passage of the Hep Also, petition of James B. McPherson Post, No. 87, Grand burn-Dolliver bill-to the Committee on the Judiciary. Army of the Republic, of McPherson, Kans., favoring the pas By Mr. SPERRY: Resolution of the Chamber of Commerce of sage of a service-pension law-to the Committee on Invalid New Haven, Conn., favoring the construction of a breakwater at Pensions. harbor of refuge at Hortons Point-to the Committee on Rivers By Mr. PORTER: Resolution of the Philadelphia Board of and Harbors. Trade, relative to confining the trade between the United States Also, resolution of the Chamber of Commerce of New Haven, and the Philippines to vessels of American registry-to the Com Conn., relative to arbitration treaties between the United States mittee on the Merchant Marine and Fisheries. and Great Britain-to the Committee on Foreign Affairs. By Mr. POWERS of Massachusetts: Resolutions of E. B. Piper By Mr. STEENERSON: Petition of the Minnesota State Court, Post, No.157, of Walpole; J. Orsen Fiske Post, No. 105; Reynolds Catholic Order of Foresters, in favor of the acceptance of the Post, No. 58. of Weymouth; Galen Orr Post, No. 181, of Need statue of Father James Marquette-to the Committee on the ham; Moses Ellis Post, No. 117; E. P. Carpenter Post, No. 91, of Library, 1818 CONGRESSIONAL RECORD-SENATE. FEBRUARY 10, By Mr. STERLING: Petition of merchants of Washburn, ill., Paul, and of the ·Turn Verein of St. Paul, all in the State of Min against the parcels-post bill-to the Committee on the Post-Office nesota; of the Baden Saengerbund, of St. Louis; of the Harugari and Post-Roads. Saengerbund, of St. Louis, and of the South St. Louis Bundeschor, By Mr. SULZER: Resolutions of the Philadelphia Board of of St. Louis, all in the State of Missouri; of the Schiller Lodge, of Trade, favoring speedy action on bills S. 2259 and 2263; also, re Manchester, N.H.; of the German Pioneer Verein, of Newark, port of the committee on railway transportation of the New York and of the Gottfried Krueger Association, of Newark, in the State Board of Trade and Transportation, in relation to the Quarles of New Jersey; of the German-American Relief Association, of Cooper bill-to the Committee on Interstate and Foreign Com Olean; of Savonia Lodge, No. 270, of Rochester; of the Schuetzen merce. Bund, of New York City, and of Lodge No. 481, of Utica, all in the By Mr. WATSON: Paper to accompany bill H. R. 11950, for State of New York; of the Junger Maennerchor, of Cincinnati; the relief of William E. Murray-to the Committee on Claims. of the Schwabien Benefit Association, of Dayton, and of the Ger By Mr. WEEMS: Papers to accompany bill H. R. 12036,grant man Beneficial Union, of Dayton, all in the State of Ohio; of the ing an increase of pension to Jacob Weitzel-to the Committee Lewisburg Shooting Club, of Covington, and of the German Aid on Invalid Pensions. Socjety of Lexington, in the State of Kentucky; of the Beethoven By Mr. WILLIAMS of illinois: Papers to accompany bill grant Maennerchor, of East Pittsburg, Pa.; of the German Veteran So ing a pension to Susan W yea ugh-to the Committee on Invalid ciety of Tacoma, Wash.; of Concordia Aid Society, of La Crosse, Pensions. . and of the Welfen Club, of Milwaukee, all in the State of Wiscon Also, papers to accompany claim of Lola Qualls for pension-to sin, remonstrating against the enactment of legislation to regu the Committee on Invalid Pensions. late the interstate transportation of intoxicating liquors; which Also, paper to accompany bill granting an increase of pension were referred to the Committee on the Judiciary. to Alexander Renn-to the Committee on Invalid Pensions. Mr. PLATT of New York presented a petition of the board of By Mr. WYNN: Resolution of the Board of Trade of Pomona, aldermen of New York City, praying for the enactment of legis Cal., relative to the improvement of inner harbor-to the Com lation providing for the erection of two additional post-office mittee on Rivers and Harbors. buildings in that city; which was referred to the Committee on Public Buildings and Grounds. He also presented petitions of John A. Logan Post, No. 477, of SENATE. Stamford; of Sanders Post, No. 457, of Cicero; of F. E. Kiker Post, No. 62, of New York City; and of Alexander Hamilton Post, WEDNESDAY, Februa'ry 10, 1901;. No. 182, of New York City, all of the Department of New York, Prayer by the Chaplain, Rev. EDWARD EvERETT HALE. Grand Army of the Republic, in the State of New York, praying The Secretary proceeded to read the Journal of yesterday's pro for the enactment of a service-pension law; which were referred ceedings, when, on request of Mr. F .AIRBANKS, and by unanimous to the Committee on Pensions. consent the further reading was dispensed with. He also presented petitions of the congregation of the Baptist The PRESIDENT pro tempore. The Journal will stand ap Church of Montour Falls, of the Woman's Christian Temperance proved. Union of Montour Falls, of sundry citizens of Montour Falls and DELOS K. LONEWOLF, Melrose, of the congregation of the Methodist Episcopal Church The PRESIDENT pro tempore laid before the Senate a com of Gainesville, and of the congregation of the Methodist Episco munication from the .Secretary of the Interior, transmitting a pal Church of West Chazy, all in the State of New York, praying letter from the Acting Commissioner of Indian Affairs calling at for the enactment of legislation to regulate the interstate trans tention to the claim of Delos K. Lonewolf, a Kiowa Indian, for portation of intoxicating liquors; which were referred to the Com the value of certain improvements owned by him and situated mittee on the Judiciary. upon the lands formerly occupied by him, but now included He also presented petitions of sundry citizens of Patchogue, of within the limits of the lands reserved for the Kiowa Agency, the congregation of the Second Presbyterian Church of Saratoga Oklahoma; which, with the accompanying papers, was referred Springs, of the Woman's Home and Foreign Missionary Society to the Committee on Claims, and ordered to be printed. of the Second Presbyterian Church of .Saratoga Springs, of tbe Woman's Christian Temperance Union of Richford, of the Young LEGATION BUILDINGS AT PEKING, CHINA.. Woman's Industrial Club of Saratoga Springs, and of sundry citi The PRESIDENT pro tempore laid before the .Senate a com zens of Suffolk County, all in the State of New Y01-k, praying for munication from the Secretary of the Treasury, transmitting a an investigation of the charges made and filed against Hon. REED letter from the Secretary of State submitting an estimate of SMOOT, a Senator from the State of Utah; which were referred appropriation t.o complete the new buildings for the United States to the Committee on Privileges and Elections. legation at Peking, China, and for the purposes of securing a He also presented petitions of the Larkin Soap Company, of suitable supply of water, 50,000; which, with the accompanying Buffalo; of the Business Men's Association of Schenectady; of the papers, was referred to the Committee on Appropriations, and Watson Wagon Company, of Canastota; of Ellwood Wilson, of ordered to be printed. Saranac Lake; of B. F. Couch& Co., of Buffalo; of sundry citizens ENROLLED BILL SIGNED. of Saranac Lake, and of John Kelly, of Rochester, all in the State A message from the House of Representatives, by Mr. W. J. of New York, praying for the passage of the so-called '' Brownlow B&oWNIKG, its Chief Clerk, announced that the Speaker of the good-roads bill;" which were referred to the Committee on Agri House had signed the enrolled joint resolution (H. J. Res. 79) culture and Forestry. for the transportation of Porto Rican teachers to the United. He also presented a petition of the Chamber of Commerce of States and return; and it was thereupon signed by the President the State of New York, praying for the enactment of legislation pro tempore. providing for an extension until the year 1909 of the law restrict CREDENTIALS, ing to vessels of the United States the transportation of passen Mr. McCOMAS presented the credentials of Isidor Rayner, gers, etc., from one port to another, not to be applicable to chosen by the legislature of the .State of Maryland a Senator from foreign vessels engaged in trade between the Philippines and the United States; which was referred to the Committee on the that State for the term beginning March 4, 1905; which we.re Philippines. read, and ordered to be filed. Mr. FAIRBANKS presented a petition of the Antisaloon League PETITIONS AND MEMORIALS. of Fortville, Ind., and a petition of the Indiana State Antisaloon The PRESIDENT pro tempore presented a petition of the League, praying for the enactment of legislation to regulate the Woman's Christian Temperance Union of Albion, N. Y., pray interstate transportation of intoxicating liquors; which were re ing for an investigation of the charges made and filed against ferred to the Committee on the Judiciary. Ron. REED SnooT, a Senator from the State of Utah; which was Mr. FOSTER of Washington presented a petition of sundry referred to the Committee on Privileges and Elections. citizens of Washington, praying for the enactment of legislation He also presented memorials of Gleichheit Mannie Lodge, No. providing for the construction and maintenance of good roads 71, of Waterbury, Conn.; of the Liederkranz Maennerchor, of throughout the counb'Y; which was referred to the Committee Evansville, Ind.; of the Tm-n Verein of Peoria; of the German on Agriculture and Forestry. Aid Society of Decatur; of the Turngemeinde of Rock Island; of He also presented a petition of John Buford Post, No. 89, De the Helvetia Sharpshooters' Society, of Highland; of the German partment of Washington, Grand Army of the Republic, of Everett, Workingmen s Benevolent Society, of Joliet, and of Zirkunft Wash., praying for the enactment of a service-pension law; which Lodge, No. 59G, of Chicago, all in the State of illinois; of the was referred to the Committee on Pensions. :Mozart Maennerchor Glee Club, of Lawrence; of the Fidelia Mu Mr. CULLOM presented the memorial of A. R. Barnes and 10 sical and Educational Corporation, of Boston, and of the German other citizens of Chicago, lll., remonstrating against the passage American Singing Society, of Boston, all in the State of Massa of the so-called "eight-hour bill; " which was referred to the Com chusetts; of Schiller Hive, No. 6742, of Port Huron, and of Schil mittee on Education and Labor. ler Lodge, No. 43, of Jackson, all in the State of Michigan; of the He also presented the petition of W. J. Davidson and 57 other Bowling Club of St. Paul; of the West Side Turn Verein, of St. citizens of Decatur, ill., praying for the enactment of legislation