| Show FAVOR GOING BEHIND RETURNS f7L r Four of the Five Members of r Senate Elections Committee Recommend p Recom-mend Taking of Evidence in Contest Case I r I 41 Four members of the Elections commlt Ilcctwo Republicans and two Democrats reported to the Senate yesterday that they I had decided to go behind the returns Jn tbo estimation of the EllisonBarnes content > nnd they recommended that the State ber the expense with the exception of attorneys tees The members signing tho aiajorlj reirort were Chairman Mur dock liennloiit Johiibon and Alder Senator Sena-tor Tanner as a minority recommended tho dltimlstfal of the contort In the language lan-guage of the report which lio presented to the committee on Monday morning The report of the majority was for the purpose of having the Senate approve the expense I which would probably so beyond tho JCOO already appropriated for the employment of an assistant acrKeantatarms and additional ad-ditional clerical help This explanation of the icpprt was mado by Chairman Murdock The Senate made the reports a special order for tomorrow afternoon The committee met yesterday mornln and listened to the attorneys for the contestants con-testants Mr Html for Mr Barnefl argued ar-gued for tho adoption of the Tanner report re-port and Arthur Brown for Mr Cllsont argued against 1totl Brown conceded Mr llunls contention that wltnefsis could not bo made to testify for whom they voted and should not be lie argued that there were other allegations of er ior which wore not frauds within the Intent In-tent of tho law but which If remedied Would chang tho result and these could be discovered by I going Into tho ballot boxes and the returns The majority report of tho committee after rpclUng ho decision to go behind the returns recommondod that the State pay tho expenses and Mr Murdoek explained ex-plained that Mr Ellison was willing to pay his shiro of the expenses rather than be denied contest but that Mr Barnes did nol feel that he could afford to pay I hit share Kleacl seconded by Kmool moved tho adoption of the Tanner report Lawrence I speaking against tho motion said that four out of live of the committee had I asked the Senate to approve the procedure they had seen tit to favor In conducting I the Investigation and he committee had reached Its decision after hearing argu i meats on all sides and giving them long I consideration The decision of the majorIty major-Ity appeared to be the only opportunity I I tho contestant had to contest the election on the grounds of fraud or mistake Senator Ucnnlon spoke for the majority I report and said that the Tanner report dealt only with the subject of Illegal votes while It Ignores l other matters It I might not be possible to go Into tho Illegal votes and tell for whom they were cast i but there were many other hems In the i allegations which might properly be I heard Senator Bcnnlon quoted one part I of the allegations charging that ballots < cast by legal l voters had been thrown out by the Judges when they should not have bt > en In an Instance like this he said tho result might be changed by proving 1 that tho ballots should have been counted count-ed Concluding ho said It seem upon the showing made that this Is tho only way that the contestant can bring the I facts to the notice of this body If wo 1 < decide to dismiss the case It will be shutting shut-ting tho door In the taco of the contestant j and will return to vex every Senate In tho Slate for years to come It Is I contrary to tho theory of government and the I theory of law that any citizen be denied I tho right to a hearing It would not bo I Just It would not bo American Senator Smoot moved that tho matter be made a special order for Thursday but Johnson of tho committee contended that I the committee Intended to take up tho case Monday and would hot have limo to Issue I subpoenas and get witnesses and I ballot boxes here However Smoots motion mo-tion prevailed I |
