FtM pins* IN THE MATTER OF THE CONTEST FOR SENATOR, FOURTH SENATORIAL DISTRICT, STATE OF KANSAS. J ames F. Getty, % Contestor. vs. T. A. Milton, Contestee. STATEMENT OF CASE. The Fourth Senatorial District consists of Wyandotte County. According to the returns it would appear that the contestee T. A. Milton, was elected by a majority of 342 votes over the contestor, James F. Getty. Wyandotte County, Kansas, is divided into 72 elec­ tion precincts. Precincts 1 to 34 inclusive are in Kansas City, Kansas. Posedale and Argentine have respectively 4 precincts or wards. The remaining 32 precincts are what are known as country precincts. 4. PRELIMINARY REMARKS. It is the contention of the contestor, that the con­ duct of the election in Wyandotte County, Kansas, by the Democratic Party Managers, was in pursu­ ance of a carefully planned and executed fraudulent scheme. One of the steps in the general plan, so far as the office of State Senator is concerned, was the ILLEGAL MAKE UP OF THE BALLOT. It will be seen from the record that the county clerk, Frank Holcomb, was not only a Democrat, but was a candidate upon the Democratic Ticket, for re- election. Under the Kansas Statute of 1905 it was his. duty to make up the official ballot, but the same statute clearly pointed out that the names of the candidates for Senator, being candidates for a state office, should be placed under the sub-division of the ballot headed “ State Ticket.” The direction of the statute was totally disregarded by this Democratic County Clerk and the names of the contestor and contestee were placed in the wdidle of the list of can­ didates for comity offices. There was an exceptionally hard campaign be­ ing made as between the respective county candi­ dates, while no special fight was being made on the state candidates, so that the senatorial candidates in­ stead of being permitted to run, as the law directed, as state candidates, they were forced into the per­ sonal and local contest between countv candidates with all the entanglements incident to that character of a campaign. 5. Ordinarily it could very properly be argued that this misplacement of the names of the senatorial candidates would be as fair for one candidate as for the other, but the further effect is shown to a certain extent by the testimony of William L. Rhodes of the First Ward of Argentine, who said in answer to the question of the attorney for contestee. “ I voted the Republican Ticket, State and National straight, but I split the county ticket; that would be, I voted for Mr. Getty and all the State and National Ticket,” (R. page ------.) It is true this witness who was a judge in this questioned precinct, tried to claim, when his attention was called to the fact the con­ testor’s name was not on the state ticket, that he voted for him anv wav, vet he admitted that he didn’t remember where the contestor’s name was, on the county ticket, page------. It is clear that Rhodes be­ lieved he had voted for the contestor, Gettv, because he voted the Republican State ticket straight, and un­ doubtedly many other persons labored under the same belief. DEMOCRATIC INSTRUCTIONS TO JUDGES AND CLERKS. Another step in the preconcerted fraudulent scheme to let “ Some of the people rule,” was taken on October 26th, 1908, when the chairman of the Democratic Countv Central Committee sent out what he terms instructions to the Democratic judges and clerks, as follows: A. H. Gillis, Chairman, J. H. Luscombe, Secretary, J. M. Bailey, Treasurer. EXECUTIVE COMMITTEE: John Quinn, W. W. Rose, Dr. C. A. Foulks, M. W. Deavy, Chris Kopp, Thos. Drummey, J. M. Bailey, Al. Bauer, W. T. Harris, J. C. Kindred, Oscar Younghaus, P. J. McGlynn, Frank Rolirbach. WYANDOTTE COUNTY DEMOCRATIC CEN­ TRAL COMMITTEE. Home, West 1628 Phones: Bell, West 125 546 Minnesota Avenue. (Union Seal) DEMOCRATS TO THE POLLS. IF WE FAIL, WE LOSE. Oct. 26th, 1908. Dear Sir:— As clerk or judge you have one of the most im­ portant duties to perform on election day, much de­ pends upon your carefulness in reading of ballot and tallying of vote, and with every vote so counted the election of Bryan is assured. We respectfully submit the following:— 1st: Be at place of voting at 7 :30 A. M. erect booths and be prepared to receive votes at 8 o ’clock, time for opening of polls as men going to work at that hour will vote for Brvan. 2nd: In case of judge or clerk being absent see to it that a democrat is chosen to fill the vacanev. 3rd: A democratic judge should accompany 7. the illiterate voter to the booth and instruct him to mark the ballot. 4th: All ballots should be numbered with a pen and ink on corner of same, see to it that number on ballot tallies with number on clerk’s books. 5th: Do not leave voting place at any time af­ ter opening of polls to counting of last ballot. 6th : Any disputes on question of law can be set­ tled by calling commissioner of election. 7th: When polls close, and you are ready to count ballots insist on the Democratic Judge read­ ing the ballot, take the position that one Republican can ivatch while one strings the ballot in no case should the democratic judge string the ballots. 8th: The democratic clerk should lead in the count and should call the tally as the vote is an­ swered. Oth: The clerk in preparing his summary should see to it that the messenger selected shall im­ mediately report to Democratic Headquarters the re­ sult of your precinct. 10th: Above all use good sound sense, conduct yourself in an aggressive manner, be prepared and insist on your privilege as an officer of the election board. 11th: The following are the things that have happened and we ask you to watch it in particular this time: The judge who reads the ballots late in the night when everybody is sleepy calls a straight Republican ticket when it should be a straight Demo­ cratic ticket, fold it and hands it to a sleepy Demo­ cratic judge, and proceeds to string the ballot and so far as that one is concerned tlie business is done: 8. If that is done five or ten times in a precinct it means a difference of five or ten thousand in the state. Another scheme is to add one to his clerk's tally and then insist that the Democratic clerk has made a mistake. See to it that a fair and honest count has been made and onr success is assured. Yours for victory, J. H. Luscombe, Sec. A. H. Gi'lis, Chairman. (Exhibit 2 L.) Several things will be noticed in reading this “ Letter of Marque” to sail against the Repub’Van candidates. The Democratic Judges and Clerks are instruct­ ed: Not to see that all vacancies on the elec'ion boards are filled by good, honest, reliable men irres­ pective of party affiliations, but they are instructed to see that all vacancies are filled by democrats. As no reference whatever is made to their ability, hon­ esty or qualifications it is but fair to assume that such considerations were not to enter into the selec­ tion. Tt is possibly but fair to say that such an instruc­ tion was legally if not morally correct, but we call especial attention to this instruction in connection with other instructions that are 'peculiarly significant in the light of subsequent events. “ 7. When polls close, and you are ready to count ballots insist on the Democratic Judge read­ ing the ballot, take the position that one Republican can watch while one strings the ballots in no ease should the Democratic Judge string the ballots.” 9. “ 8th. The Democratic Clerk should lead in the count and should call the tally as the vote is an­ swered. After counseling the Democratic Judges and Clerks to use good sense they are told to conduct themselves “ in an aggressive manner,” an instruc­ tion which the evidence shows was followed to the limit in the 6th precinct of Kansas City, Kansas. Then follows the “ Joker” of this document. 11th. The following are things that have hap­ pened and we ask you to watch it in particular this time:— “ The Judge who reads the ballots late in the night when everybody is sleepy calls a straight Re­ publican ticket when it should be a straight Demo­ cratic ticket, folds it up and hands it to a sleepy| Democratic Judge and proceeds to string the ballot and so far as that one is concerned the business is done. If that is done five or ten times in a precinct it means a difference of five or ten thousand in the state. Another scheme is to add one to his clerk’s tally and then insist that the Democratic clerk has made a mistake.” It will be noticed that after instructing the Dem­ ocratic Election officials to insist upon taking cer­ tain positions or to assume the performance of cer­ tain duties upon the election boards, which if they did, certain frauds could only be carried out by them, the local party managers coolly proceed to point out the frauds which they only could perpetrate, and not alone that hut the opportunities the duties they were instructed to insist upon being assigned to them, gave IO them to commit the frauds. True it is done by indi­ rection suggested.