The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-01-03

u
lrhe Contested Election Oase..-O. @.
Wlghsman VI. william Garrett
To the County Judge Of Des Aoines County:
The undersigned, . citizen of the United
States, and citizen Of Des Moines county for
more than one year last past, and . candidate
for the Office of Clerk of the District Court Of
said county at the election held on the Second
Tuesday of October, 1862, most respectfully
represents that at said election William Garrett,
q citizen Of said county and State, was also q
candidate for said Office at said election. That
the undersigned contests the right of said
Garrett to receive the certificate of Elec
ton from the Board of Canvassers, and also
contests the right of said William to hold OF
have said Office, and for cause and reasons Of
said contest, this confession states and shows the
following:
i lst This eontestor claims and insists that be
received q majority of the legal votes cast at
lsaid election, to wit: majority of one hundred
and thirty FIVE votes, over and above the votes
cast in said county for said Garrett, as s shown
by the returns of the several townships, now on
file from said county.
End. That the votes or returns from the
Census Board of votes given in the State OF
Missouri Kentucky, Tennessee, Kansas, and
other military posts and stations beyond the
limits Of the State of Iowa, and without tie State
of Iowa, are illegal, and cannot by law De
counted or canvassed in said election, and should
BY law be rejected. This contestor cannot give
the list of the names of illegal votes so cast
4 without the State Of Iowa, as he has not to this
time obtained or had access to the names of
such persons, or the returns of said votes made
to the Census Board, and they are not returned
to this county, if any in fact were given.
4 This confession claims that at least two hun
dred illegal votes, known as the army vote, were
Illegal and cannot by law be allowed and count
ed for said William Garrett in said election, and
which if rejected, as by law they should have
been, this confession is duly elected.
Sd. This Contestor claims that the army vote
counted against him in favor of said Garrett
should be rejected, as having been given and
counted in violation of the Constitution of the
State of Iowa, and that the pretended law under
which said vote was given and counted is uDcon.
sttutional and void, and that the counting of
the same and allowing the same by the Board of
Canvassers of this, Des Moines county, is illegal
and in violation of law.
4th. This Contestor will claim the right here.
after, of 80 amending this Petition, as to spec-
cally show the localities where said illegal votes
were given-the illegal manner of holding said
detection, and the names and character of the il
legality of the voters and votes 80 given.
| 9Th. Confession prays for the proper process
to withhold the certificate from said Garrett, and
that a hearing may be had in the premises, under
Chapter 81 Of the Revision of Iowa, of 1850.
[Sighedl o. G. WIGHTMAN.
State of Iowa,
Des Moines County,
I, Oliver @. Wightman, the above named Con-
testor do, on oath, say that 1 am the Contestor
In the above Petition; that the facts and state-
ments contained in the above Petition are true,
and that the legal charges in said Petition, l am
advised by counsel and believe to be true
[Signedl O. G. WIGHTMAN
Sworn to, and subscribed by Oliver G. Wight
man, before me, this Oath day OF November,
A. D. 1852. H. g OHRT, Go. Judge.
f.: i i a S;;;; Hal 5 t:
| MOTION OF WILLIAM GARRETT.
I move to dismiss the statement of the con.
testant, O. c. Wightman, for the following rea-
sons or any of them:
I. 1t is based upon the pretended reception Of
illegal votes and does not give the names Of
the persons who so voted
II. Nor does it give the township where they
voted
III. move to dismiss it because it claims an in
vestigation concerning the legality or consti-
| tutionality of votes which were all cast with
out this county, and which are for that reason
impugned, concerning which the State can
| vassere have the exclusive Jurisdiction, and
this Court none whatever.
w. move to dismiss it because it is insufficient
and does not state facts enough to constitute
cause of contest in this.
l. Because the cause alleged therein, namely,
the polling of votes enough by the army without
the State to change the result is not stated to
have been done contrary to the law of this State
which allows certain soldiers without the State
to open polls without the same and vote tbereat
and 80 does not state sufficient cause of contest
insemuch as it does not show the same illegal.
2. Because no facts are stated showing the
voting charged to have been done without this
State, and in other States to have been so done
in contravention of the laws of this State.
8. There was and is in force statute allowing
certain men to vote in parts without this State
and no facts are stated showing said law to be w
constitutional; nor imperative; nor to have
been violated by any Of such men as voted in
the States other than Iowa nor in the counties
of Iowa other than Des Moines.
i 4. Because there is an absence of any fact
Shouting that even one vote was cast for me, OF
counted in said election which was not both
Illegal and constitutional
Now, therefore, Ipray that the statement and
proceeding be dismissed and that the costs be
adjudged against the contestant
WILLIAM GARRETT
By G. B. DARWIN and JOSHUA TRACY.
0. J. l. & VI ss's ., Contested Election
Us.
n VIM. Garrett
We the Court, sustain the motion of the in
cumbent to dismiss and do dismiss the state.
ment of the contestant. We declare William
Garrett duly elected Clerk of the District Court
of Des Moines County, Iowa, and render judy
ment for all costs against o. @. Wightman the
Icontestant [Signed.
i Il. G.. OHRT, County Judge,
II JOHN G. FOOTE,
i VIM. H. STARR, dissenting.
The contestant having filed his notice of ap-
peal from the above judgment and offered bis
bond, the Court disalows the appeal upon the
ground, that this Court has no right to grant an