In re Howell

Citations

• 119 F. 465
• 1902 U.S. Dist. LEXIS 276

Syllabus

<p>1. Elections—Contested Election op Congressman—Preservation op Evidence.</p> <p>Under Rev. St. §§ 109, 123 [U. S. Comp. St. 1901, pp. 60, 63], which authorize a district judge of the United States to issue subpoenas and orders for the purpose of obtaining testimony and papers to be used as evidence in case an election of congressman is contested, such judge has power and it is his duty, on proper application, to require the ballots cast at the election to be taken from the boxes and preserved, where it is shown that they are desired as evidence by one of the parties to the contest, and that under the state law they would be destroyed before they could be used; and it is immaterial whether or not the issues to the contest have been made up so as to authorize the taking of testimony when such application is made.</p>