The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-04-07
The Contest In the Third Ward.

The Democratic Election Board Of
the Third Ward has performed its +.
browning act of unfairness. 1t has
given the certificate of election to Mr..
VAN RIPPER, against the protest OF the
only Republican on the Board, and
against the advice Of some of the best
lawyers in the city. In counting the
ballots. the Board found one straight
Democratic ticket, with all the names
crossed off except that of Mr.. THOMAS
RULLEN, the candidate for Marshal.
A pencil mark was drawn across the
names of all other candidates, in
Guiding those of all the Council
men. Notwithstanding this fact,
Mr.. JAMES SCANTLIN, the Inspector,
and Mr.. BEN. NURRE, one of the
Judges, persisted in counting the
vote for VAN RIPPER. Two other
tickets were found in the box, which
were straight Republican tickets, but
had been clipped out of the JOURNAL.
One of these tickets had " Republi-
can over the top, and the other had
no distinguishing mark about it what
ever. Both these tickets mere thrOaon
out altogether, on the ground that they
were not cast according to law, hav-
ing distinguishing marks about them.
The section Of the law upon which
this outraged Is based reads as follows
SEC. %. That all ballots which may
be cast at any election hereafter held
in this State. shall be written or
printed on plain white paper, without
any distinguishing marks or embel-
ishments thereon, except the names
of the candidates and the offices toI
which they are voted, and Inspectors
of Elections SHALL REFUSE ALL BAL
LOTS OFFERED OF ANY OTHER DE
soRIPTION,
1t was the duty of Mr.. SCANTLIN t.
refuse these tickets when offered, i
he thought they had Distinguishing
mar ks upon them. Beyond refusing
such tickets qoben offered, the law doe
not authorize him to go. In taking tn
responsibility of throwing out tieket
after he had deposited them in tn
ballot box, he deliberately trample'
on the law and violated the rights 0
tive electors.
Fortunately, Messrs. SCANTLIN ant
NuRRE are not the sole arbiters Q
this question. IF they were, it woul
hardly be worth while to say word
But the City Charter, in anticipation
of such decisions as they have giver
wisely provides as follows:
SEC. "A. The Mayor and Council
men, elected and qualified as herel
required, shall constitute the Con
mon Council of the city of Evans
vile; but a majority Of the Who'll
number of Councilman shall be at a
times necessary to constitute a quo
rum for the transaction Of business
They shall be Judges OF the etectiO
returns and of the qualifications {
their Oi0R members.
Mr.. SEMoNIN will, of course, pre-
sent his protest against Mr.. VA
RIPPER taking his seat on the ne
Council Board. If the facts are ;
we have given them, the new COunc
cannot help refusing VAN RIPPER al
giving the seat to Mr.. PETER SEMONI
who received majority of the vOt
cast, and is therefore the legal
elected Councilman for the Thu
Ward. We are surprised at Mr.. Va
RIpERs claiming the certificate und
the circumstances. The case is
plain we thought there could be !
doubt he would gracefully yield al
accept his defeat as philosophically
could be expected after so terrible
defeat.