Daily Commercial Herald clipping

Jones, Cornelius J., 1858-1931; Catchings, T. C. (Thomas Clendinen), 1847-1927; Elections--Corrupt practices

NOTICE OF CONTEST.

Greenville, Miss., Nov. 18, 1896.

Hon. T. C. Catchings, Vicksburg Miss.:

Take notice hereby that I will contest your claim to the seat in the fifty-fifth Congress of the United States as Representative of the Third Congressional District of Mississippi.

I charge and shall prove that the election returns of the several counties upon which you were declared elected by a majority of the votes cast at the last election, to-wit: November 3, 1896, are not the result of a fair expression of the legitimate suffrage of the said Third district; and your claim to the seat in question is fraudulent and not valid.

I charge and shall prove that you were not elected by a majority of the qualified voters of the district, but that the registration and election officers of the several counties comprising said district were all your partisan friends and supporters, who by abuse of a certain discretion authorized by the laws of Mississippi, which discretion remained with the registrar of the respective counties, even though those applying to be registered had paid all taxes, could understand the Constitution of the State, read the same or give a reasonable interpretation thereof, and satisfied the limitation of residence as required by law, and by virtue of this discretion said officers, in the several counties, being your friends and supporters, willfully denied registration to a majority of the Republicans in each of the several counties comprising said district, and accorded the privilege to all your friends, or those said officers had reason to believe would support your election and thus by a fraudulent exercise of authority by your friends, a majority of the Republicans, being a majority of the voters of the district, were denied the right to register in the several counties, which under the law is a prerequisite to voting at any election in this State.

I charge that the laws, organic and statute, of the State of Mississippi, now enforced, providing for the registration of voters, are void; and particularly unenforceable at the late election, the result of which in the third district of said State, you have been declared elected to represent this district in the 55th Congress. I charge that sections 241, 242 244 of the existing constitution, and section 3611 of the existing statute, wherein one's right to register as a voter depends upon the judgment of the county registrar, and section 3613 of said code, requiring the applicant for registration to give a reasonable interpretation of or read any section of the constitution, practically leaves the applicant for registration, so far as his right to register is concerned, at the will of the registrar, and, though the laws of the State do not in terms discriminate against any class of voters, yet I shall prove that the operation thereof has resulted in the wholesale denial of the elective franchise to one class of citizens, being the colored Republicans of the district, while those of the white race, and the Democratic party, were by the registrars of the several counties, for the purpose of furthering your election, accorded that high privilege; and the fact that the constitution and statutes of the State by their terms permit the exercise of the discretion herein complained of, the exercise of which has resulted in the denial of the elective franchise to a majority of the otherwise qualified voters of the several counties of the district, and the denial charged is prohibited by the supreme law, I shall insist that the State laws permitting the exercise of said discretion are void.

I charge that the Registrar of Issaquena county (which county returned you 48 votes and 18 votes for me as your opponent) wilfully denied registration to 900 colored Republicans of that county, who, applying for registration, exhausted every reasonable effort to satisfy that officer of their fitness to register, but to effect the end desired as to the denial to them of that high privilege, even when by a fair test of their qualities, said citizens would prove competent, that Registrar would further harass the applicants, would ask all manner of unreasonable questions, which would be foreign to any phase of the subjects named in the law upon which he is directed to examine an applicant for registration.

I shall prove that more Republicans in the county of Issaquena were in the manner named denied the right to register than the whole number of votes cast at the late election, to-wit: ?19, and that more than this number would have complied with any reasoanble inquiry made of them by the said Registrar preparatory to voting at the late election; and that a just administration of the laws would have so shown; but, that officer is your partisan friend and supporter, and a true advocate of Democratic supremacy in that county, and thus 900 or more of my supporters fell under the bane of that officer's discrimination, while your supporters in that county were unrestrained in the enjoyment of the right to register, and thereby vote, and did vote, for you, which is shown by the returns from that county declaring you a majority of 66 votes over me as your opponent.

I shall prove that the practices charged herein to your friends and supporters in Issaquena county deprived those of my supporters of the right to prepare for the expression of their choice for presidential electors, and Representative in Congress at said election, to the number aforesaid; and that their conduct resulted in your favor by which you were declared the elected candidate upon the face of the returns. I shall prove that the discrimination alleged hereby was committed at the various voting precincts of said county, at such times as said officer would be pretending to conduct a general registration of the county, and at the office of said officer, before the 3rd of July, 1896.

I charge that the Registrar of Washington county failed to make a general registration of the county of Washington, by visiting the various voting precincts for the purpose of such registration prior to the election held at the several precincts on the 3d day of November, 1896; but said registration books of the county were by said Registrar sent out to the several precinct to private, parties who invariably registered such white citizens as applied therefor, and denied that privilege to the colored Republicans who applied for registration. I charge that the person in each such election precinct, who had the registration books as alleged were without authority to act in so attempting to register voters; thus the white voters friendly to your election were enrolled in this irregular manner, and thereby given the right to vote for you at the late election, while a majority of those justly entitled to vote were denied the opportunity of registering preparatory to voting at said election; thereby 1,500 citizens of said county were denied the equal benefit of the laws of the State of Mississippi, whose suffrage was throttled by the conduct of your friends under color of office, which persons so denied, expressed a desire to qualify and vote at said recent election for the Republican electors, and C. J. Jones for congress.

I charge and shall prove, that a number of Republicans of Washington county, who registered before you were nominated by the Democratic convention last, and were qualified in every respect requisite to voting at the late election, that the officers of the election, having access to the poll books of said county, revised the poll and registration books of said county prior to the holding of said election and cancelled the names of a number of Republicans which the election Commissioners had reason to believe would vote against you; and that while you were declared elected as to Washington county by the returns, it was by your friends stifling the express will of a majority of the eligible voters in the many ways herein named, and thus the acts of those in authority under color thereof manipulated the registration and poll books of the county, and the equality of the law is thereby denied 1,500 voters at the instigation and wilful conduct of your supporters; and I shall insist that you shall not, from any pretense of a claim which you may assert, occupy that seat without question, in the face of such glaring misrepresentation and wrong.

I shall charge and prove, that, though the laws of Mississippi provide for appeals from the decision of a registrar of a county, when he refuses registration in such capacity, and a partisan friend, of yours, with intent to further your election to congress, wilfully declined to receive and file any notices of appeal from his ruling wherein he denied Republicans the right to register as alleged herein, even though said notices were in writing, and within five days after such refusal by that officer and thereby wholly denied to the colored Republicans of the county the right to have his actions as said officer reviewed by the county board of election commissioners; and it is by this sort of conduct on the part of your friends under official authority that you are declared the recipient of the majority of the votes of the county of Washington.

I charge that your friends and supporters in said Washington county colluded with the State Board of Election Commissioners for the purpose of defeating the appointment of a Republican on the committee for this said county, and thereby, to better assure Democratic success, at the various voting precincts at said election three unswerving friends and three good Democrats were appointed election commissioners of Washington county, and the Republican party was denied representation on said county commission as the law provides, even though the regular Republican committee of the county duly recommended one of their party for said appointment to said State board; thereby the whole election management of said county for said late election was in the hands and control of your friends.

I charge that the same practices complained of as to the registrar of Issaquena Count were resorted to in Sunflower County, which returned you 264 votes and 27 votes for me as your opponent; that the practices herein complained of, with the intent so charged, and the manner so charged and for the purposes so charged, and by the administrative officers of said county being your friends and ardent supporters, acting under color of office, resulted in the denial of the right of elective franchise to 700 Republicans of said county and State, being citizens of the United States over 21 years of age and in every way qualified according to the terms of the federal Constitution, 14th amendment thereto, for voting in the late election in said county, at which presidential electors were voted for, and a member of the 55th Congress of the United States: that said denial resulted from the enforcement of the elective franchise sections of the existing Constitution and statute of the State of Mississippi, which numbers of voters in said county expressed a desire to vote for me at said election, had they been permitted to do so.

I charge and shall prove, that in the county of Bolivar, the Registrar made a general registration of the county in 1894, and enrolled 1500 Republican voters' names, and 500 white voters and Democrats; but that the County Election Commissioners of said county, a majority of which were your friends and supporters, exercising a right which they assume to themselves as such officers, disregarded the rights of the duly registered majority, because of their express desire to vote for the Republican electors, and myself for Congress, and thereby wrongfully cancelled and caused 1451 names of said duly registered Republicans to be left off the poll books of said county, without notice or legal excuse, and that on election day, November 3d, 1896, at the several precincts of said county these citizens were denied the right to vote the ticket of their choice, and that said denial was for the purpose of effecting your election in said county, and in the manner aforesaid. I shall insist at ber [missing lines?] of votes be counted for me, as they so expressed a desire to vote.

I charge that the practices alleged to have been resorted to by your friends in the counties of Issaquena, Sunflower, Washington and Bolivar, for the same purpose and reasons, were resorted to by your friends, under color of office, in Leflore County, and thereby the 272 votes you received, and the result of 262 votes majority over me as your opponent, is not the result of a fair expression of the popular will of the majority of the voters entitled to the right, and demanding the exercise of their right to so declare their choice; but that 600 votes of said county who had the legal right to vote, and demanded the privilege of registering and voting at the late election, expressed a desire to vote for the Republican electors and C. J. Jones for Congress.

I charge that the same practices as alleged against the several county Registrars and election officers to be likewise true of the registration and election officers of Coahoma County, and thereby 800 citizens duly qualified in every legal respect to register and vote at the late election aforesaid, and who would have voted for me, were, by your friends, acting in all respects herein charged, denied the right of elective franchise; and in this you were declared by the election Commissioners of having the majority of the votes cast at the several election precincts; and such returns are not valid. I further charge that the same practices mentioned as to the counties mentioned last aforesaid are charged herein as to Warren County which returned you a majority of 834 votes over me as your opponent; and thereby 1890 of my friends of the Republican party who were and did demand the right of registering, and a desire to vote for the Republican electors and C. J. Jones for Congress at the late election aforesaid, and who were 21 years of age and in every way qualified as required by the 14th amendment to the Federal Constitution were, by your friends in said county, under color of office, denied the exercise of that privilege at said election, and even the privilege of preparing therefor, at which election presidential electors were voted for and a member of the 55th Congress. I charge that the collusion of your friends in Sunflower County with the State Board of Election Commissioners defeated the appointment of a Republican representative on the Board of County Election Commissioners of said county for the conduct of the late election in said county. Therefore you as a Democrat and the candidate representing that party and of the politics of the said appointing board, secured the appointment of three Democrats on the said County Election Commission in spite of the fact that the regular Republican organization of the county had recommended a true Republican for such appointment to the appointing board, and the further fact that the laws of the State so provide for such appointment of a representative of a regular political party on each County Commission. Therefore, your partisan supporters had full control of the entire election management in Sunflower County, to my prejudice, and the violation of the express laws of the State.

I charge that the adoption of the Constitution of 1890 and code of 1892, which provides that the Governor, Secretary of State and Attorney General of the State shall constitute the State Board of Election Commissioners, all of whom at the time were white men and Democrats; and the ordinance of that convention then and there extending the term of office of those officers, so as to have them appoint the various County Election Commissioners under the provisions of said Constitution, and the further fact that the said convention then and there adopted the said Constitution, and denied the voters of the State any voice in the subject matter by popular vote, was a scheme to throttle the majority of the voters of the State and to perpetuate Democratic supremacy in Mississippi; and your election declared, in the gross manner charged herein, is but the happy working of that scheme so un-American in its operation, and by which you propose to profit, at the expense of the thousands of wrongfully disfranchised Republicans of this district, who are by your friends under color of authority denied the right vouchsafed them under the federal Constitution.

I charge the same gross practices, alleged as to the several counties herein before mentioned shall be proven as to the county of Tunica, which county returned you a majority of 110 votes over me, as your opponent; while in truth and in fact, the practices here charged as to your friends and supporters in said county, acting under color of office, denied the elective franchise to 500 of my friends, who applied for registration at the proper time, for the purpose of voting at the late election held throughout the county for the Republican electors, and for myself as representative in the 55th Congress of the United States.

I charge now and shall prove that the denial of registration to the majority of the Republicans of the Third Congressional District of Mississippi, is the denial of the right of suffrage to a majority of the voters of the said district; that said denial was effected by the parties charged at the several voting precincts of the several counties, respectively as herein mentioned, and at the office of the Registrar of the several counties wherein complaint is alleged, touching registration irregularities; but denials charged to have been effected on the day of the late election, such discrimination or denial is charged to the managers of, and Commissioners of Election of the several counties mentioned, under a pretext of law as provided in Code of 1892; and that said Code was enacted by the Legislature of the State, which Legislature was elected under the provisions of an ordinance of the constitutional convention, which adopted the Constitution of 1890; and that the Constitution so adopted, and sections 241, 242, 244, and the Code thereunder adopted as aforesaid, are repugnant to the letter and spirit of the federal Constitution.

I charge that before the adoption of the present Constitution and statute in the State of Mississippi, as complained of herein, the total voting population of the State being 21 years of age and not having been convicted of any infamous crimes, and not having participated in any rebellion against the United States government, numbered 258,000. That such voters under the elective franchise provisions of the Constitution and statute of the State which were in operation up to the adoption of the present organic and statute laws of said State were eligible to the exercise of the right of suffrage in the State; but that the enforcement of the present Constitution and statute of this State as here charged as abridged this right to 78,000 such citizens as aforesaid, and denied this right of elective franchise to 180,000. I charge and assert, with confidence, that the present organic and statutory laws as complained of herein are not enforceable in the State of Mississippi, for the reason that, prior to the adoption of the present laws complained of, the representation of this State in Congress was seven representatives and two senators; and even though the present laws thereof have reduced the number of voters to the number mentioned, the representation of Mississippi in Congress has not been reduced accordingly. Therefore, I charge the nullity of such laws, as were enforced at the election held in the several counties of the Third Congressional District of Mississippi on the 3d day of November, 1896; and as it was by the enforcement of the laws hereby challenged that the denial of the right of elective franchise to the number of such citizens as here charged, who other than the restriction imposed by your friends under a pretense of enforcing the laws, would have qualified and voted as alleged herein; therefore, I now serve notice that at the hearing of this cause I shall insist that the number of votes claimed herein, which would have been cast for me shall be counted; and that I shall be declared the duly elected representative of the Third District of Mississippi for the term of the 55th Congress of the United States, regardless of any claim you may assert thereto.

(Signed,) CORNELIUS J. JONES.