both of those doors that were sealed on the outside day and night until disposition is made of the contents.

The CHAIRMAN. That is very clever of you, sir. We appreciate that.

Mayor KENDRICK. I feel confident that the right rooms are sealed and that your orders have been carried out.

The CHAIRMAN. I want to thank you, Mr. Mayor, and I want to thank the prothonotary. I understood that Mr. Scott had been ill, and I appreciate the fact that he has come here, perhaps at some inconvenience. The committee appreciates it.

If either Mr. Wilson or Mr. Vare has any objections to any of the things that have been said, or that may be said or suggested, he of course will make it known as we proceed.

I want now to ask whether the mayor and Mr. Scott could designate some of their counsel with whom the committee, or the counsel of the committee, might meet and arrange for the proper application to be made to the court.

Mayor KENDRICK. I will be very glad to do that. Mr. Joseph P. Gaffney, my attorney, is here. He is also the city solicitor of Philadelphia.

Prothonotary SCOTT. I will also be very glad to do that. My counsel, Mr. Owen J. Roberts, is here, and his associate, Judge James Gay Gordon, sr., is not here, but I can talk for him, and say that he would be very glad to join with the mayor.

The CHAIRMAN. Is your court in session now?

Prothonotary SCOTT. Oh, yes, sir. They are in session all the time, practically all the year.

The CHAIRMAN. I am unfamiliar with your courts. I will ask the counsel, then, if they will meet with the committee, and the committee will probably have to designate some one to act as its official representative in order to confer with these gentlemen. If you can meet with the committee immediately, we will be obliged to you.

With reference to the registration commission, we summoned these commissioners because we want to obtain the registration books and the records of the election outside of the mere ballots. Is there any difficulty about turning over to the committee the registration lists and accompanying documents?

Mr. SAMUEL B. SCOTT. Mr. Chairman, I am chairman of the registration commission in and for the county of Philadelphia. The whole board, consisting of five members, is here. Yesterday the Sergeant at Arms served individual subpoenas upon the members, and at a later time in the day served a copy of the letter authorizing him to take physical possession of the registry lists. As soon as that letter was served, I called a formal meeting of the commission, laid the matter before counsel, Mr. Algernon R. Clapp, who is also here, and was advised by him that it was both necessary and proper to physically deliver the registry lists to the Sergeant at Arms of the Senate. That was done. The registry lists are now in the possession of the Sergeant at Arms and are no longer in the possession of the registration commission of Philadelphia.

The CHAIRMAN. We were not advised of the fact that the Sergeant at Arms had the registration lists. While you are on your feet let me ask this: Will the committee be inconveniencing the authorities of Pennsylvania by keeping possession of these books for a reasonable time?

Mr. SAMUEL B. SCOTT. It is possible that a special election will be called in the third senatorial district on account of a vacancy. In that case it would be necessary for the registration commission to apply to the committee of the Senate for a release of those registry books in order that the election might be conducted. Otherwise there would be no list. It is also true that the statute under which we operate requires that these records be open to the public, and as a matter of fact they are very frequently consulted by political parties making lists of their members, consulted by lawyers looking up addresses, and generally by the public. As long as they are sealed, of course, that function must cease. We have not raised the question. A third party might raise it, as to whether they could see the books under the statute.

Senator LA FOLLETTE. May I ask you whether there is more than one copy of these lists kept?

Mr. SAMUEL B. SCOTT. There are the two original registers, one of which is denominated the voters' check, in which the registrant signs his name. The other is called the ballot check, and both are used on election day. In addition to that, there are 100 printed copies, called "street lists," furnished in the order in which the voters live on the streets. Many of those have been given out, but we still have printed lists. Therefore the information on the printed form is more or less available, but not the original documents themselves, as long as they are under seal. The registers contain the personal signatures of each voter.

The CHAIRMAN. When the voter has cast his vote in the city, that is checked upon a list that has been prepared; is that right? Mr. SAMUEL B. SCOTT. That is correct.

The CHAIRMAN. When the voter registers, however, in the first instance, does he sign his own name?

Mr. SAMUEL B. SCOTT. He does.

The CHAIRMAN. So that you have a registration book in which the voter has signed his own name.

Mr. SAMUEL B. SCOTT. Yes, sir.

The CHAIRMAN. You call that the registration list?

Mr. SAMUEL B. SCOTT. That is one of the two registers. That is the technical term for them. Those two registers differ principally by reason of the fact that in one of them the name is signed and in the other it is not. The purpose of that is that if the voter is challenged on election day, he is required to sign his name in the book in which he has not signed it, so that the two can be compared.

The CHAIRMAN. If I can, I want to get this clear in my own mind. Of course, this committee is unfamiliar with your method of election. When a man comes to register, he writes his name in a book, and you call that the registration list.

Mr. SAMUEL B. SCOTT. We do not use the term "registration list" as a technical term. We speak of the "register."

The CHAIRMAN. He signs his name in a book which you call the register.

Mr. SAMUEL B. SCOTT. Yes.

The CHAIRMAN. That is really the original.

Mr. SAMUEL B. SCOTT. That is right, sir.

The CHAIRMAN. You then make a copy of that book; is that right? Mr. SAMUEL B. SCOTT. The copy is made at the same time, on registration day. There are four officials. The duty of two of them.

is to control these two books, which proceeds pari passu. The duty of the other two is to make an original street list, so that the printed copy can be prepared instantly.

The CHAIRMAN. That is to say, a man comes in and registers his name in his own handwriting, if he is able to write, of course.

Mr. SAMUEL B. SCOTT. Yes.

The CHAIRMAN. Two men, known as registrars, supervise that operation.

Mr. SAMUEL B. SCOTT. Yes.

The CHAIRMAN. At the same time the other two registrars copy that name in a book, which you call your street list; is that right? Mr. SAMUEL B. SCOTT. We call it a blotter. The street list is the printed form in which that subsequently appears.

The CHAIRMAN. They copy that on a blotter?

Mr. SAMUEL B. SCOTT. Yes, sir; or in a card system, or whatever system you please, for the purpose of getting the information.

The CHAIRMAN. Then, after that has all been done, there is prepared what is known as a street list.

Mr. SAMUEL B. SCOTT. Yes.

The CHAIRMAN. In which the names are arranged according to residence on the street.

Mr. SAMUEL B. SCOTT. Yes.

The CHAIRMAN. And that street list is printed, is it not?

Mr. SAMUEL B. SCOTT. Yes, sir.

The CHAIRMAN. And you have copies of that, so that they can be placed in the hands of your canvassers, etc.?

Mr. SAMUEL B. SCOTT. Yes.

The CHAIRMAN. Are there copies of these street lists extant, so that they could possibly be employed, if we had to release at any time any part of the original registers?

Mr. SAMUEL B. SCOTT. There are.

The CHAIRMAN. Very well. Have we been placed in possession of those copies yet?

Mr. SAMUEL B. ScoтT. No application has been made for the printed street lists. They are in our storeroom.

The CHAIRMAN. You have them and will be willing to give them to us, Mr. Scott, to aid us in this work?

Mr. SAMUEL B. SCOTT. Yes.

The CHAIRMAN. I think I understand it.

Mr. SAMUEL B. SCOTT. We passed a definite resolution turning the books over. Our secretary is here if you desire to spread that on the record.

The CHAIRMAN. Your statement is abundantly sufficient. Do you have those books here?

Sergeant at Arms BARRY. No, sir.

The CHAIRMAN. Where are the books?

Sergeant at Arms BARRY. The books are sealed in the lockers. They were sealed in the lockers when we sealed them.

The CHAIRMAN. They are in the lockers. You have not brought the lockers here?

Sergeant at Arms BARRY. No, sir. There are about 3,000 of those books, as nearly as we could estimate, so we sealed them, to keep them, and they are nominally in our possession, in those sealed lockers.

The CHAIRMAN. The lockers, then, you regard as in your possession now?

Sergeant at Arms BARRY. Yes, sir; and I think that the statement that the books are in our possession is correct. We have our seal on them.

The CHAIRMAN. The books are in the lockers?

Sergeant at Arms BARRY. Yes.

The CHAIRMAN. If you have the lockers, you have the books?
Sergeant at Arms BARRY. Yes, sir.

The CHAIRMAN. I think that is all.

Senator GoFF. Mr. Scott, how many books are there?

Mr. SAMUEL B. SCOTT. Three thousand books, because there are exactly 1,500 divisions, and each division has 2 books. May I add, Mr. Chairman, that not only does the registrant sign his name but he answers a long list of questions which tend to identify him. He gives his height, his weight, his age, where he was born, and answers a large number of questions.

The CHAIRMAN. Let me ask another question. When was the last registration made prior to the election of November 2?

Mr. SAMUEL B. SCOTT. The last registration day was on October 2. The CHAIRMAN. Up to October 2, then, any person desiring to vote, and qualified to vote, could register?

Mr. SAMUEL B. SCOTT. They register on certain days.

The CHAIRMAN. That was October 2, 1926?

Mr. SAMUEL B. SCOTT. October 2, 1926, was the last of the three fall registration days. Subsequent to that, however, there is a certain period designated in the statute during which they can register before the commission in its own office.

The CHAIRMAN. What period is that?

Mr. SAMUEL B. SCOTT. I will have to look at the statute to give it exactly. I have a copy of the statute which I will be very glad to lay before the committee. It is a few days before.

The CHAIRMAN. Then, after October 2 there is a period of days when any voter who is not registered can appear before the board in person and register?

Mr. SAMUEL B. SCOTT. Yes, sir.

The CHAIRMAN. In case a voter has moved from the place he was registered on October 2, he can then be transferred back, can he, during this period of days, to his proper residence-or does he still retain his registration as of October 2?

Mr. SAMUEL B. SCOTT. The State of Pennsylvania requires a residence of two months before voting. The last registration date being less than two months, of course, no person could qualify in a new division. If he still resided in the old division, but had moved his house, that would make no difference. He would still be qualified.

The CHAIRMAN. That is to say, if a voter registered from 1000 Fiftieth Street, if you have any such number, and that was in precinct No. 1, and he was to move, after October 2, but still was in the same precinct, he would be allowed to vote?

Mr. SAMUEL B. SCOTT. He would.

The CHAIRMAN. But if he moved out of the precinct, he would not be allowed to vote, is that correct?

Mr. SAMUEL B. SCOTT. That is correct.

The CHAIRMAN. So that, in determining whether a voter is qualified to vote, the mere fact that at the date he voted he did not live

in the particular spot from which he was registered is not conclusive that he was disqualified?

Mr. SAMUEL B. SCOTT. It is not conclusive. He may be just as much qualified as if he still lived there, by reason of living in the same division.

The CHAIRMAN. I believe I used the term "precinct." I meant division, and that is what you meant.

Mr. SAMUEL B. SCOTT. The technical term is "election district," but, practically speaking, we call it, in Philadelphia, a division.

The CHAIRMAN. I believe that is all. We thank you, Mr. Scott. Now, I will ask the attorneys I mentioned a few moments ago to meet with us. We will have an executive session.

In the meantime, if either Mr. Wilson or Mr. Vare, or their representatives, have any suggestions to make to the committee as to the way in which this examination should be made, we shall be very glad to hear from them at any time.

I think I ought to say to the members of the registration commission that we regret having discommoded you to the extent of having you all come down here, but we are obliged to proceed with such light as we have. If we have discommoded any of you, we are sorry for it.

That will be all until the committee is assembled again.

(Whereupon, at 11.40 o'clock a. m., the committee adjourned, subject to the call of the chairman.)

After the adjournment the committee held an executive session, at the conclusion of which the official reporter was recalled and Senator Reed dictated the following

MEMORANDUM

After the open meeting, the parties and their attorneys being present, a colloquy took place between the parties and their attorneys and the committee.

It was arranged that the committee would be represented by Mr. Algernon R. Clapp at a conference that would take place between Mr. Clapp and the attorneys of the parties in interest, which includes the prothonotary and the mayor, who are the custodians of the boxes, the ballots, and the instruments desired by the committee, and that proper orders would be prepared and agreed upon to be presented to the court, asking for authority to turn over to the Sergeant at Arms of the Senate the ballot boxes, ballots, books, and instruments in writing, pertaining to the election in question, all parties stating that they would cooperate in order to bring about this result.

At the same time the committee stated, through its chairman, that these various documents, including the ballots, would be safely kept, and that if at any time they were needed in any court proceeding or in any public proceeding of the State of Pennsylvania, the committee would see to it that the Sergeant at Arms produced them, so as to suit the convenience of the court or other public body needing the documents.

This statement was dictated in the presence of all the parties and assented to by them.

(Thereupon an adjournment was taken, subject to the call of the chairman.)