The Chandler News. (Chandler, Okla.), Vol. 12, No. 15, Ed. 1 Thursday, December 25, 1902 Page: 3 of 10
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THE CHANDLER NEWS: THURSDAY, DECEMBER 25, 1V02.
THE STAR STORE
A MERRY" CHRISTMAS
A HAPPY NEW YEAR.
W. M. Cross Will
Contest Bird S. McGuire.
His Grounds for a Contest Are Set Forth as Follows:
"To Hon. Bitd S. McGuire, Pawnee. Okla-
"Sir—You are hereby notified that I will
contest your right to a seat in the Fifty-
eighth congress of the United States as a
delegate in the house of representatives from
the territory of Oklahoma, for the following
"First—That gross frauds, errors and
mistakes were made in the manner and con-
duct of holding the election, to-wit: No-
vember 4, 1902, in Oklahoma territory, for
the election of a delegate to congress of the
United States, which errors and mistakes
were as follows:
"Second—That in Beaver county, Okla-
homa territory, there were cast one hundred
and fifty (150) legal votes by various per-
sons who were not naturalized citizens of
the United States; and in Woodward county
there were cast one hundred and twenty-five
(125) illegal votes by various persons who
were not naturalized ciiizens of the United
States; and in Woods county there were
cast one hundred and twenty-five illegal
votes by various persons who were not nat-
uralized citizens of the United States, and
were not entitled under the laws of Oklaho-
ma territory to vote at said election, and
that all of said illegal votes in all of said
count'es were cast and counted for Bird S.
McGuire, contf-stee, for the office of dele-
gate to congress from Oklahoma territory.
That in Lincoln county,Oklahoma territory,
there were two hundred and fifty (250) ille-
gal votes cast by persons who were not resi-
dents of Oklahoma territory; that in Okla-
homa county there were one hundred (100)
illegal votes cast by persons who were not
residents of Oklahoma territory; that in
Payne county there were o>i«i hundred and
fifty (150) illegal votes cast by various per-
sons who were not residents of Oklahoma
territory and that all of said illegal voters
in a'T of the iliove named counties voted for
Bird S. McGuire, contestee, lor delegate to
congress, and that said votes were illegal
and improperly counted for said fcisd S.
"Thircl—That gross frauds, mistakes and
errors were made in that a large number of
legal votes cast for W. M. Cross, contestant,
were thrown out as mutilated ballots, which
were not mutilated ballots, but were in the
usual and legal form and in all respects com-
plied with the laws of Oklahoma territory
governing the election of delegate in con-
gress. Said ballots thus thrown out as muti-
lated ballots were ballots upon which the
name of W. M. Cross appeared in the dem-
ocratic column and in the populist column,
and the voter stamped his said ballot in both
democratic and populist column; that the
number of said ballots so voted and thrown
out in the various counties were as follows,
to-wit: Blaine county, twenty-four (24);
Beaver county eighty-six (86); Day county
sixty-five (65); Dewey county ninety-seven
(97); Custer county one hundred seventy-
eight (178); Comanche county, one hundred
and eighty-three (183); Canadian county,
eighty-eight (88); Caddo county one hun-
dred and thirty-nine (139); Garfield county
three hundred and eleven (311); Cleveland
county sixty-two (62); Grant county, one
hundred and nineteen (119); Kingfisher
county two hundred and forty (240); Kay
county seventy-seven (77); Lincoln county
one hundred and seventy-four (174); Okla-
homa county one hundred (100); Noble
county one hundred and twenty-six (126);
Pavne county one hundred and seventy-nine
(179) Pawnee county one hundred and
eighty-three (183); Pottawatomie county
one hundred and seventy-nine (179); Woods
county four hundred and eight (408); Wood-
ward county two hundred and twenty-two
(222); Washita county one hundred and
fourteen (114); Roger Mills countv thirty-
seven (37); all of which said counties are
located in and a part of Oklahoma territory,
and none of said ballots were counted for
said W. M. Cross, contestant, but should
have been, as the intention of the voter was
not only Sppapent, but manifest upon the
face of the ballot.
"Fourth- That gross frauds, errors and
mistakes were made by various election offi-
cials in various precincts in different coun-
j ties of Oklahoma territory in counting and
1 compiling the votes cast at the said election
in that e'even hundred (1100) illegal votes
cast for Bird S. McGuire, contestee, were
counted for said Bird S. McGuire, and three
thousand nine hundred and fifty-eight
(3,958) legal votes cast for W. M. Cross,
j contestant, were thrown out as mutilated
I ballots and were not counted for W. M.
i Cross, when in fact they should have been
! under the laws of Oklahoma territory gov-
J erning election for delegate in congress.
"Fifth—That Bird S. McGuire, according
to the fraudulent and illegal returns of said
election officials, received forty-five thousand
eight hundred and three (45,803) votes and
said W M. Cross, according to said fraudu-
lent and illegal returns, received forty-five
I thousand four hundred and nine (45,409)
votes, giving said contestee only a majority
upon the face of said illegal and fraudulent
i returns of three hundred and ninety-four
i (394) votes.
"Sixth—That there were counted for said
Bird S. McGuire eleven hundred (1100)
votes which ought not to have been counted
for him; and that deducting said illegal votes
from the number claimed to have been cast
for him, said Bird McGuire received only
forty-four thousand seven hundred and three
(44,703) legal votes at said election. That
there were thrown out three thousand nine
hundred and fifty-eight (3,958) legal votes
as mutilated ballots which were cast for W.
M. Cross, and that said W. M. Cross, con-
testant, received at said election forty-nine
thousand three hundred and sixty-seven
(49,367) legal votes,which should have been
counted for him, and that said W. M. Cross,
contestant, received a majority over Bird S.
McGuire, contestee, of four thousand six
hundred and sixty-four (4,664) legal votes.
"Seventh—*That gross frauds were perpe-
trated in various precincts in different coun-
ties of Oklahoma territory by the various
election officials thererf, in that the tally
sheets and and abstracts of the votes cast in
said various precincts, as aforesaid, were
changed, altered and falsified and duplicated
so that said tally sheets and abstracts were
fraudulent and contained false and fraudu-
lent reports of the votes cast at said election.
"That because of the frauds, mistakes and
errors set forth in the specifications afore-
said, the certificate of election of delegate in
the house of representatives to the congress
of the United States was improperly issued
to said Bird S. McGuire,when a proper com-
pliance with the law would have required
that said certificates of election should have
been issued to W. M. Cross, contestant, as
"Wherefore, W. M. Cross, contestant,
respectfully p.ays that if the evidence here-
tofore to be taken supports the allegations
contoined in the foregoing specification, that
the house of representatives of the congress
of the United States shall award to him the
j right to a seat as the delegale from said
"You will therefore take notice that, after
the expiration of thirty (30) days from date
of service of the notice upon you,I shall pro-
ceed to take evidence for sixty (60) days, at
the time and places hereafter to be named.
W. M. CROSS."
Spend Christmas holidays with
kinfclit j and friends in the old
states. Only one fare plus $2 for
the round trip by the "Rock Island
System," Choctaw, Oklahoma &
Gulf R. R. Tickets will be limited
30 days from date of sale.
Ask your ticket agent all about the
low holiday excursion rates on the
The Days Are
And it is a pleasure to sit around a cosy fire and read one of the
good books to be found at the POSTOFFICE BOOK STORE.
We Have the
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Leading Daily Newspapers,
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We have their works in both
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Every book lover desires to
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of Inks, Mucilages and Pencils will please you, and the prices
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line. PERFUMES, CANDIES, NUTS, FRUITS for holidays.
Our Line of Plows Candies is Complete: Fine Box Candies Ranging:
From 50c to $5.00 per box. Finest Chocolates Made.
Mrs. L. M Jouett, Proprietor.
i . *i> riifiy /"im in rill"! *'Mji'W in * r Hi
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Gilstrap, H. B. The Chandler News. (Chandler, Okla.), Vol. 12, No. 15, Ed. 1 Thursday, December 25, 1902, newspaper, December 25, 1902; Chandler, Oklahoma. (gateway.okhistory.org/ark:/67531/metadc117636/m1/3/: accessed November 20, 2018), The Gateway to Oklahoma History, gateway.okhistory.org; crediting Oklahoma Historical Society.