HiRI)7 CONTESTED-ELECTION CASE OF FANNIE LOU HAMER V. JAMIE L. WHITTEN FROM THE SECOND CONGRESSIONAL DISTRICT OF MISSISSIPPI EIGHTY-NINTH CONGRESS U.S. GOVERNMENT PRINTING OFFICE 40-2690 WASHINGTON : 1965 THE RULING OF THE CLERK OF THE HOUSE OF REPRE. SENTATIVES WITH REFERENCE TO PRINTING THE TESTIMONY SUBMITTED TO HIM IN THE MATTER OF THE CONTESTED ELECTION CASE IN THE SECOND CONGRESSIONAL DISTRICT OF MISSISSIPPI, EIGHTY. NINTH CONGRESS Ralph R. Roberts, Clerk of the House of Representatives, having given the required notice to all parties in the contested-election case of Fannie Lou Homer v. Jemie L. WhUtes to appear in his 4 ce on June 2, 1965, for the pur-. pose of being present at the opening of the sealed packages of testimony and of agreeing upon the parts thereof to be printed, the attorneys of record of the contestant and the contestee being unable to agree on the portions of the manu- script to be printed; In fact, there being complete disareement, the meeting was adjourned. In accordance with the requirements of the statute, the Clerk proceeded to ex- amine and to make the ascertainment as to the portions of the testimony to be printed and rules as follows: The testimony in this matter is of such admixture of papers in relation to the five congressional districts in the Stato of Mississippi that It was impossible for the Clerk to determine to which congressional district the testimony applies. He finds that said testimony failed to comply with sections 208, 209, 218, 221,222, and 228 of title 2 of the United States Code as noted: Aberdeen, Monroe County, Miss.. February 8, 1965; sections 209, 218, 221, 222, and 228 Aberdeen, Monroe County, Miss., Februar. 9, 1965; sections 209, 218, 221., 222, and 228 Third Mount Olive Missionary Baptist Church, West Point, Clay County, Miss., Februa.ry 11, 1965; sections 209, 218,221, 222, and 223 Starkville, Miss., February 11, 1965; sections 209, 218, 221,222, ard 223 Greenwood, Holmes County, Miss., January 29, 1965; sections '.09, 218, 221, 222, and 228 Greenwood, Holmes County, Mim.., January 30, ,1965; sections 209, 218, 221, 222, and 22 Greenwood, Holmes County, Miss., February 1, 195; sections 209, 218, 221 222, and 223 Federal Building, Greenville, Washington County, Miss., January 30, 1965; sections 209,218,221, 222, and 223 Rust College, Holly Springs, Miss., February 2 and 3, 1905; sections 209, 218, 221,222, and 2l Federal Building, Clarkadale, Miss., February 2, 1965; sections 209, 218, 221, 222, and 228 Federal Building, Clarkadale, Miss., February 2, 196; sections 209, 218, 221, 222, and 228 Federal Building, Clarkadale, Miss., February 4, 1965; sections 209, 218, 221, 222, and 228 Federal Building, Clarksdale, Miss., February 5, 19M5; sections 209, 218, 221, 222, and 223 WHI, Greenwood, Miss., February 5, 1965; sections 209. 218. 221, 222, and -3 Greenwood, Miss., February 6, 1965; sections 209, 218, 221, 222, aud 223 -: VU& , A"Ultuvaj, aim., r euruary V, 1tZ; sections 0 200, 218, 221,222, and 223 Batesville, Miss., February 9, 1965; sections 209, 218, 221, 222, and 223 Freedom House, Indianola, Miss., February 9, 1965; sections 209, 218, 221, 222, and 223 Batesville, Miss., February 10, 1905; sections 209,218,221,222, and 223 Sunflower County Courthouse, Indianola, Miss., February 10-11, 1965; sec- tions 209,21g, 221, 222, and 223 Glendora, Tallahatchie County, Miss., February 10, 1965; sections 209, 218, 221,222, and 223 Glendora, Tallahatchie County, Miss., February 11, 1965; sections 209, 218, 221, 222, and 223 Bateeville, Mis., February 11, 1965; sections 209,218,221,222, and 223 Batesville, Miss., February 12, 1965; sections 209, 218, 221, 222, and 228 Rust College, Holly Springs, Marshall County, Miss., February 11, 1965; sections 209,218,221, 222, and 228. Rujst College, Holly Springs, Marshall County, Mi.b., February 12, 1965; sections 209, 218,221,222, and 228 Natches, Miss., January 28 and 29,1965; sections, 209,218, 221, 222, and 223 Jackson, Miss., January 30, 1965; sections 209,218,221,222, and 223 Vicksburg, Miss., February 4, 1965; sections, 209,218, 222, and 223 Pike County Courthouse, Magnolia, Miss., February 4, 1965; sections 209, 218 221, 222, and 228 Pike County Courthouse, Magnolia, Miss., February 4, 1965; sections 209, 218, 221, 222, and 228 Pike County Courthouse, Magnolia, Miss., February 5, 1965; sections, 209, 218. 221, 222, and 228 Pike County Courthouse, Magnolia, Miss., Febrmry 5, 1965; sections, 209, 218, 221, 222, and 223 Pike County Courthouse, Magnolia, Miss., February 5 and 6, 1965; sections 209, 218, 221, 222, and 223 Pike County Courthouse, Magnolia, Miss., February 6, 1965; sections 209, 218, 221, 222, and 228 Adams County Courthouse, Natchez, Miss., Febuary 8, 1965; sections 209, 218 221, 222, and 223 County Courthouse, Magnolia, Miss., February 8, 1965; sections 209, 218, 221, 222, and 228 Tylertown Miss., February 8, 1965; sections, 209,218,222, and 228 Magnolia, Miss., February 8, 1965; sections 209, 218, 221,222, and 223 Magnolia Miss., February 9,1965; sections 209,218,221,222, and 223 Lilberty, Amite County, Miss., February 10, 1905; sections 209, 218, 221, 22'2, and 228 Pike County Courthouse, Magnolia, Mis., February 11, 1965; sections 209, 218, 221, 222, and 223 Jackson, Miss., April 1,1965; sections 208,209,218,221,222, and 228 Jackson, Miss., April 2,1965; sections 208,209,218,221,222, and 223 Jackson, Miss., April 2,1965; sections 203,209, 218,221,222, and 228 Jackson, Miss., April 2,1965; sections 208,209,218,221,222, and 228 Jackson, Miss., April 2,1965; sections 208,209,218,221,222, and 228 Jackson, Miss., April 8, 1905; sections 203,209,218,221,222, and 223 Jackson, MIs, April 8, 1965; sections 203,209,218,221,222, and 228 (IV) Mpridian, Miss., February 4, 1f)35; utions 209, 18, 221, 222, and 228 Meridan, Lauderdale, County, Miss., Fehrusry 15,IN.N; 2200t 1, 2.1, 2129 and 228 Canton, Miss., February 8, 1965; sections 209, 218, 221, 222, and 223 Canton, Miss., February 9, 1965; sections 209, 218, 221, 222, and 228 Brandon, Miss., February 10, 1965; sections 200, 218, 221, 222, and 228 Canton, Miss., February 10, 1965; actions 209,218,221,222, and 22 Canton, Miss., February 11, 1965; sections 209, 218, 221, 222, and 223 Canton, Miss., February 12, 1965; sections 209,218,221,222, and 223 St Paul's Methodist Church, Hattiesburg, Forrest County, Miss., February 10, 1965; sections 209, 218, 221, 222, and 223 St. Paul's Methodist Church, Hattiesburg, Forrest County, Miss., February 11, 1965; sections 209,218, 221, 222, and 223 St. Paul's Methodist Church, Hattiesburg, Forrest County, Miss., February 1% 1965; sections 200,218,221, 222, and 223 Laurel, Min., February 11, 1965; sections 203, 209, 218, 221, 222, and 228 Federal Post Office, Jackson, Miss., January 29, 1965; sections 209, 218, 222,- and 228 Jackson, Miss., February 1, 1965; sections 200, 218, 222, and 228 Palo Alto, Calif., February 2, 1965; sections 209, and 222 San Jose, Calif., February 6, 1965; sections 209, 221, 222, and 223 Chicago, Ill., February 11, 1965; sections 209,221, 222, and 223 San Francisco, Calif., February 8, 1965; sections 209, 218, 222 Detroit, Mich., February 10, 1965; sections 209, 221, and 222 Yale University, New Haven, Conn., February 10, 196I5; sections 209, 221, 222, and 228 Yale University, New Haven, Conn., February 11, 1965; sections 200, 221, 222, and 228 Depositions taken at Washington, D.C., February 11, 1965; sections 209, 221, 222, and 228 New York, N.Y., February 11, 1965; sections 209, 222, and 223 Boston, Mass., February 12, 1965; sections 209,222 Jackson, Miss., February 12, 1965; sections 209, 218, 221, 222, and 223 Newark, N.J., February 12, 1965; sections 200 and 222 STATUT S AND PI U or LAw Gov(mIfe 0oNsm ELE ooN CAss x TH HoUs qP RU'm=TATiVm Soo. 001. Nou"c Of int*""o, to WWI*s$ Whenever any person Intnds to contest an election of any Member of the House of Representatives of the United States, be shall within thirty days after the result of sudh election shall have bee determined by the officer or board of canvassers authorized by law to determine the same, give notM In writing, to the Member whose seat he designs to contest, of his intention to contest the same, and in such notice, shall specify particularly the ground upon which he relies in the contest. (BL S. 1105.) DIKVAZON Act Feb. 19, 1851, ch. 11, 11, 9 Stat. 568 D NATION 3.B., see. 10"f, from act of Jan. 10. 1878, ch. 24, sec. 1, 17 Stat. 408. OOIMOATION Section, except last sentence, was from R.S., see. 107; last sentence was from act of Mar. 2,1875. ge. SOM. ime for emoer Any member upon whom the notice mentioned in section 201 of this title may be served shall, within thirty days after the service thereof, answer such notice, admitting or denying the facts alleged therein, and stating specifically any other grounds upon which be rests the validity of his election; and shall serve a copy of his answer upon the contestant. (IL S. 1 106.) Boa 80. Time for takinu te SimosV. Is all contested-election cases the time allowed for taking testimony shall be ninety days. and the testimony shall be taken in the following order: The con- testant shall take testimony during the first forty days, the returned Member during the suceeding forty days, and the contestant may take testJmony in rebuttal only during the remaining ten days of said period. This section shall be construed as requiring all testimony in cases of contested election to be taken within ninety days from the day on which the answer of the returned Member is served upon the contestant.