14. P93/6: 109/[pt. 17-2 HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON PRIVILEGES AND ELECTIONS SIXTY-NINTH CONGRESS FIRST SESSION PURSUANT TO S. Res. 21 AUTHORIZING THE INVESTIGATION OF ALLEGED JULY 20, DECEMBER 2, 3, AND 4, 1925 AND JANUARY 6, 1926 Printed for the use of the Committee on Privileges and Elections CONTENTS Page First meeting of the Subcommittee on Privileges and Elections, July 20, 1925. Nice of contest by Daniel F. Steck, contestant_ Answer of Smith W. Brookhart to complaint of Daniel F. Steck_. 13 19 Notice of contest by the Republican Party of Iowa, by B. B. Burnquist, chairman State central committee_ Brief in support of the objections filed by the Republican Party of IowaAnswer of Smith W. Brookhart in the matter of contest of the Republican Party of Iowa----. Brief by Smith W. Brookhart in the matter of contest of the Republican Party of Iowa___. Demurrer in the matter of contest of the Republican Party of Iowa by Preliminary stipulations, contest of Daniel F. Steck v. Smith W. Brookhart__ Preliminary stipulation for subpoena of ballots-- 57 83 98 Exhibit F-2_ 103 Exhibit G 107 Exhibits offered by J. G. Mitchell, counsel for Senator Brookhart: necessary assistants, and stenographers (at a cost not to exceed 25 cents per 100 words), to take and make a record of all evidence taken and received by the committee and to keep a record of its proceedings; and to have such evidence, records, and other matter required by the committee printed. Resolved further, That the Sergeant at Arms of the Senate and his deputies and assistants are hereby required to attend the said Committee on Privileges and Elections, or any subcommittee thereof, and to execute its directions; that the chairman or any member of the committee be, and is hereby, empowered to administer oaths; that each of the parties to the said contest be entitled to representatives and attorneys at the recount and the taking of evidence ; that all disputed ballots and records be preserved so that final action may be bad thereon by the full committee and the Senate; that the committee may appoint subcommittees of one or more members or other agents or representatives to represent the committee at the various places in the making of the recount and the taking of evidence, and the committee may appoint such supervisors of the recount as it may deem best; and that the committee may adopt and enforce such rules and regulations for the conduct of the recount and the taking of evidence as it may deem wise, not inconsistent with this resolution; and that the committee shall report to the Senate as early as may be, and from time to time, if it deems best, submit all the testimony and the result of the recount and of the investigation. Resolved furher, That the expenses incurred in the carrying out of these resolutions shall be paid from the contingent fund of the Senate upon vouchers ordered by the committee, or any subcommittee thereof, and approved by the chairman of the committee. Senator ERNST. Gentlemen, you are all no doubt aware that the Committee on Privileges and Elections only a short time ago had before it a contest growing out of the election in Texas wherein Senator Mayfield was elected to the Senate. The work of counting the ballots in that contest was supervised by Colonel Thayer, who is now present. He did his work so well in that case, and so impartially, that, although there was a great deal of feeling between the opposing parties, there was no complaint whatever about the count. For that reason I have asked Colonel Thayer, who was selected for the work in the other case by the then chairman of the committee, Judge Selden Spencer, to carry on the work in this case in the same manner, so that, so far as the committee is concerned, there might be an absolutely fair and impartial count. Colonel Thayer has here the rules which were used in the count in the other case, and the line of procedure adopted in that case, which seemed to work very satisfactorily to all concerned. This method of procedure would have this effect, in any event, that there would be no possibility of taking snap judgment on either one of the parties, because every dispute would ultimately come before the entire com mittee. As acting chairman of that committee, I do not intend for one moment to pass on those questions which will have to be acted on by the entire committee. After the count is completed, and there have been set aside for final determination all of the contested ballots which either side thinks should be set aside, then a meeting of the full committee will be called and counsel will be heard. I know of no fairer way to handle the matter. Colonel Thayer is here. He has with him a statement of the procedure, governing the conduct of the Mayfield contest, and I would be very glad to have him read it and answer any questions which you gentlemen may have to ask. Mr. THAYER. Mr. Chairman, the counters who have been engaged in this case are now assembled. As acting chairman of the commit tee, you will administer the oath to them. The form of the oath is the first matter in the line of procedure. The second is headed “Influence of attorneys," and is as follows: During the process of the count no counsel should speak to the counters in regard to the count until the work sheet is finished. That is this sheet. I will explain that procedure when we get downstairs. This continues: When this is done any suggestion should be made to the assistant supervisors. Mr. Cook and Mr. Pendy. Since the counters are sworn officers the same as jurymen, counsel will have no right to influence them. 3. PROCEDURE OF COUNSEL When the work sheet is finished, should any of the counsel disagree, they then call the assistant supervisors. If they agree, then that becomes the work sheet that goes to the tabulator. If the assistant supervisors disagree, they should then call the chief supervisor. His decision is final and the work sheet then goes to the tabulator. The attorneys still have a right to take exceptions, and ballots objected to will be segregated and put in a locked mail sack. This proceeds: 4. WORK-SHEET PROCEDURE Teams, when agreeing, pass report to the judges for O. K. These two supervisors. Then on to the chief supervisor. That makes three O. K.'s, so we will know the report is correct. Upon his O. K. then to the tabulator. When teams disagree, appeal to the judges Which means in this instance the supervisors. If the supervisors agree, pass work sheet to the chief supervisor. Or upon his decision, which is final, pass work sheet to the tabulator. Of course, all kinds of questions may be asked as the work proceeds, but that is the general outline of the procedure. If there is anything that is not clear, I would be glad indeed to answer a question regarding it. Mr. MITCHELL. I have just this suggestion: If the Marion County situation is to be disposed of, and any of the ballots are disputed, just what record are we to make of that, in view of the fact that it is desired that they go back? Mr. THAYER. In that case they do not need them until about October, consequently we will be through long before they need them. You could leave that particular case to the subcommittee, or the committee itself, so far as that is concerned, and let them decide as to that particular county. Mr. MITCHELL. It might be that photographs could be taken and some agreement could be reached. Senator ERNST. They will not go back as long as the attorneys think they should not go. We would rather have them delayed than to have any question. |