Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1851-08-21
The tie vote for Recorder and Treasurer,


in canvassns the votes given in Flint River
township at the late election in this county, two
ballots were found so folded together as to pre-
sent the appearance Of having been cast as one,
| and put in by one person. Now the law requires
that when this is the case, the Judges Of Election
shall write them the words ''rejected as doub-
le''-that they shall be folded together again aud
ali the ballots, including those rejected with the
tally lists, shat! be deposited with the township
clerk, 10 be preserved unit! the time for contest
| ing the election is passed
The law further requires that II the number
o. ballots cast are found TO exceed the number Of
| voters names in the poll lists, that the judges
shall! certify the fact to the proper authorities
with the number of the excess, and if it be found
! that the vote Of The township where the error
CURED, would change the result in relation 10 Il
county officer, if the person elected were depriv
! 81 Of 50 many votes, then the election shall be
! set aside, as TO him, and new election ordered.
When there Is u lie vote, and such excess occurs,
! ihare shall be ntc election.
| Now, the very state OF things upoa tho hap
| paning of which TIE law directs that new elcc-
ton shall be held. has occurred in this county,
| between Mr. Made "a and Mr. Johnson. VS. learn
| that the Judges of Election for Flint River town.
ship have certified in their reteyns 10 the Comfy
| Commissioners Clerk, the fact that two ballots
! were rejected By them, because they were folded
together and had tie appearance OF single bal
lo;---ani that there was an excess Of one ballot
! over the number of persons voting, a. shown NY
! The poll lis.S,
What was the duty Of the Comfy Commission
er's Clerk under the circumstances? Had he
! any authority, in such case, 20 require Mr. Ma
! Gera and Mr. Johnson 10 appear before him and
decide the contest by lot2 In our opinion he had
/ not. The law provides differently, And if he
! had any authority at all in The premises, il was
only TO order new election, in the absence Of the
/ county Judge.
The Gazette is certainly as wanting in charity
as ii is in candor, il il designs TO intimate that Mr.
MADEIRA, in staying away and paying no attention
10 the notice Of he coGnty commissioners clerk.
/ 10 appear before hna on last Monday, 10 cast
/ lots lcr the office of Recorder, was actuated hv
any motive more OF less Imperative taa0 lur salf
respect. and u sense Of his own rights. lie has
no wish TO pat the county to the expense, OF the
/ people of the county 20 The trouble, of another
election, If the matter in dispute can be decided
| otherwise. So the boastM anticipation Of the
Gazette Is lost upoa him, as il is upon the EDITORS
/ Wing friends the "Whig clique" As they are
/ terme,.--upon whose advice, the Gazette is so
/ ''credibly Informed" Mr. MADEIRA has acted.
/ We have no disposition 10 retovt upoa the Ga-
zette its uacharitahle surmtses. Il We had. we
might easily charge upon the "Bnrlington demo-
cratic Clique" dcsga to euUcc Mr. MADEIRA In
/ TO game OF 'open aua shat" Night we not
with as much propricty charge thai tbs PROPOSE
! ton and notice TO the two candidates 10 appear
and cast lots before The couaty commissioners
/ clerk, was mere trap--a fraud upon Mr. Made.
ra--to give his competitor two chances to his
one. II the lot had fallen upon Mr. lohnson--hc
wonlA have been Rccor,ler, and a'l won'd have
been web. IL il had fallen upon Mr. MADEIRA, the
democracy had Il card still left. What would
have prevented the County Judge when he makes
his appearance and takes possession of his Office
from declaring the whole proceedings void, and
o:d2rins another election? Such course might
moi have hecntakea Wcdo not say sNch would
have been the result. We think VIC >au say tha;
Mr. Johnson would have had 10 hand in such
proceeding. But we say 10 The Gazette, that
such a charge would not be more unchartable
than that contained ia that paper Of this morning.
Candor ought ai$o 10 have induced the Gazette
TO state that great doubts are entertained of the
right Of the County Commissioners clerk 70 issue
notice and require The two candidates TO appear
before him ana cast lots, al least until the twenty
days have expired G'r,nt which The county
Judge may issue the notice himself, The twenty
days will not have eNp,rcd until Saturday next.
Judge Mason may be here before that time. II
he is, it would be his duty 10 snperjntcnd the
casting Of lots. Bat the other objection 10 the
proceedings Of TIE Comfy Commissioners clerk
ar insurmoantable. The double ballot east in
Flint River township renders Il imperative there
Should be a new election. Nj MADEIRA and Mr.
Johnson, If both were agreed, could not have il
otherwise