1892. ] OF THE SENATE. 327

ger had gone and obtained them, this messenger being
a person unauthorized by law to bring the ballots, these
ballots the Democratic Judges refused to receive, stating
publicly that no valid election could be held with these
ballots, the reason assigned for this opinion being
that it was not the official ballots for the Second Pre-
cinct and that under the law they could not be re-
ceived or counted, in this opinion the Republican
Supervisor who was present concurred, this opinion

was publicly announced to the voters who had assem-
bled at the polls, many of whom then left. The Re-
publican Judge then appointed two by-standers to act
in the place of the two Democratic Judges who had
refused to receive these ballots, and also another by-
stander to act as Democratic Ballot Clerk. An oath
was administered to these Judges and Ballot Clerk by
the Republican Judge, to perform their respective

duties according to law, the oath prescribed by law
was not read or administered to them. After this
occurred the two regular Democratic Judges and Ballot
Clerk who had refused to receive these ballots were re-
quested to leave the polling room, which they did..
This occurred about 12 1/2 P. M., four and one-half
hours after the time prescribed by law for the voting
to commence.

The ballots received from the First or Solomon's
Island Precinct were then altered in following manner,
the official endorsement was changed by erasing
with pen and ink the word "First" and writing in-
stead the word "2nd" and were then received by the
Republican Judge and the two Democratic Judge
appointed as aforesaid by the Republican Judge,
from all these who offered to vote. The registered
vote in the said second precinct is 669. There
were of these unofficial and altered ballots 378
cast, all of said ballots so cast at said Second
Precinct being those official ballots for First
or Solomon's Island Precinct altered as above
stated, and they were deposited between the hours of
12 1/2 P. M, and 6 P. M.; 350 of these votes were for the
contestant Bird and 28 were for the contestee Talbott.
The majority for the contestee Talbott, outside of St.
Leonard Precinct, was 171 votes. The counting of the
ballots cast at St. Leonard's Precinct would give to