JOHN WALLACE HAYS
Leon, Palm Beach, Broward, and Dade Counties in Florida aren't the only ones to have hotly contested elections settled in court. Franklin County, Washington had it's own courtroom vote counting long ago. The county elections of November 8, 1910 included a closely contested race for the Sheriff's badge that was ultimately sent to the State Supreme Court.
The official returns for the November 8, 1910 general election showed incumbent Sheriff, T. Vance Davis (Democrat), with a total of 522 votes and independent challenger, J. W. (Wall) Hays, with 515. A plurality of just seven votes. Interestingly enough, the 1,037 votes cast in the Sheriff's election were more than any other race of that election, including that for Congress and the State House of Representatives. It was not, however, the closest race in the County. That was between Republican L. D. Conrad and Democrat John Schermerhorn for County Treasurer. Mr. Conrad won by a total of four votes out of 990 cast.
Unlike the Treasurer's race however, the office of Sheriff and it's $1,500 per year salary (a respectable salary at the time) became a court matter when friends of J. W. Hays convinced him to contest the election after rumors of improprieties by the Boards of Judges in several of Franklin County's precincts. The complaint filed in Franklin County Superior Court and heard on December 6, 1910 by Judge Kennon alleged that some votes counted for the incumbent had actually been cast for the challenger and that many votes announced for the challenger had not been included in the final tally. The Judge agreed that a recount was warranted and ordered that it be done. At the conclusion of the recount it was determined that J. W. Hays had in fact won the election by a total of seventeen votes. The Pasco Express reported on December 8, 1910 that "The difference was not found in any one precinct but a few were picked up here and there in all of the precincts throughout the county."
Contrary to the current Democratic Party's position, Democrat T. Vance Davis appealed Judge Kennon's decision to the State Supreme Court claiming that the Franklin County Superior Court had no jurisdiction to call for a recount and that Judge Kennon's order naming J. W. Hays as the new Sheriff was without authority. He then filed his bond for the office along with J. W. and named his deputies.
The Pasco Express of January 5, 1911 predicted the coming legal battle when it printed this article: "Who is Sheriff? Bonds have been filed by both T. V. Davis and J. W. Hays for the office, both men claiming the office. Mr. Hays claims the office on the ground that a recount of the ballots by the superior court gave him a majority of the votes cast at the general election, while Mr. Davis claims the office on the contention that the court had no right to order a recount. Mr. Davis has appealed the matter to the supreme court and in the mean time the question is "Who is Sheriff?"
On Monday, January 9, 1911, when the County officers were to be installed, T. Vance Davis refused to relinquish the Sheriff's position to J. W. Hays in spite of Judge Kennon's ruling that Hays was the duly and legally elected Sheriff. By the next day he was ordered by Judge Kennon to appear before him for contempt in not obeying the judgment of the court. P. F. Leonard appeared for Mr. Davis asking for an extension of time in order to prepare a defense but was denied. He then obtained a temporary Writ of Prohibition from the Supreme Court restraining Judge Kennon from the contempt proceedings. This put two different issues before the State Supreme Court over the same election: Whether or not the Superior Court had jurisdiction to order a recount, and whether or not the Superior Court had jurisdiction to order the incumbent to vacate the office prior to a finding on the first appeal.
The Pasco Express of January 12, 1911 put it succinctly enough. "Law and Order is the proper dope in any community. At the beginning of the week Franklin county had two sheriffs, each with a full equipment of deputies. Both men are from Missouri and they wanted to be shown; in the meanwhile the rest of us walked on tiptoe."
Within a month the Writ of Prohibition sought by Mr. Davis was denied by the State Supreme Court and J. W. Hays was installed as Sheriff of Franklin County on February 8, 1911, naming Ed Dennison and Harry Dent as his deputies.
The result of the first appeal? None. No decision was ever recorded by the State Supreme Court on the matter. Most likely the appeal was withdrawn by Mr. Davis for presently unknown reasons. Possibly the fact that T. V. Davis was soon named Chief of Police in Pasco may have had something to do with it.
At one time as Sheriff, J.W. was required to travel to Hawaii in order to take custody of a woman wanted in Franklin County for murdering her husband. Once they had returned to Pasco, John realized they did not have any facility to jail a woman for any length of time while awaiting trial. So he and Katie put her up at their home. Family lore states the woman was acquitted and left for Spokane, Washington soon after. She was never heard from again.
Another time he apprehended two escaped prisoners from Spokane who had been riding the rails on their way to Seattle. They had originally been arrested for armed robbery and jumped custody while they were being taken to the juvenile jail facility (they being eight and ten years old). J. W. allowed them to spend their days on the courthouse lawn and take their meals at the Hays residence until a deputy from Spokane could collect them. They had to spend the night in the jailhouse corridor with the guards in order to keep them away from the men then occupying the cells.
Before, during, and after John's tenure as Sheriff he owned the Star Livery and Transfer Company of Pasco, Washington.
