The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1879-12-04

the office of Sheriff. Below we give the
points and grounds of contest us copied
from the papers served OH Mr.. Miller:
/. In the election district Of J.orain
in said County, no annual election was
held III said election district OH said
Nov. 4, 1879, and no returns of any cleo
ton held in said election district were
ever made to the county Auditor Of
said county save us hereinafter stated.
That the County canvassing board of
sand county illegally counted, canvassed
and included in the number Of votes
cast for said r. II. Miller for SAID office
of Sheriff. ut said annual election, ii
votes as cast for him in the election
district OF I.orain and eight votes for
the contestant. That in said election
district and town of Lorain, the same
having been an election district ever
since 1873, the last town meeting pre-
ceeding the 4th day of Nov. 1879. when
the annual election for 1879 occurred,
was held in said Lorain town Oh March
| Ii, 1879, ut the school house in school
taken ut any time by the electors of
said town. or otherwise, to hold the an
nual election to take place Nov. 4, 1879,
or amy annual election, elsewhere than
at the said school house ia school dis
trict No. %, nor WAS the place of hold
ing said annual election ever Changed,
| than the school house in district No. 22,
election, or any annual election. That
on said Nov. i, 1879, the day by law APP
pointed for holding the annual election
for sheriff and other county and State
officers, the following persons who were
each and severally then and there, and
for long time PRIOR and ever since, du-
| ly qualified electors Of said Lorain, and
qualified to vote 1T the said general or
annual election to he held Nov. /, 1879,
to-wit: G. Erickson, -Foote, a. \.
Burton, Linton, went to the school
house III school district No. %, in said
| town, where the last preceding town
meeting and annual election was held.
| between the hours of9 O'Clock il. M.
and s O'Clock p. III. of said Nov. 4, 1879.
| and at abous the hour OF four O'clock
in the afternoon, for the purpose and
with the Intention of voting 1T the an
nual election to be held that day, and
! for the purpose and with the intention
| of voting 1T said election for this con-
testant, J. "A. Town, for Sheriff, and
would each and seyerally have voted
| then and there for this contestant Tor
said office had there been polls opened
there. That no polls were opelel there
during that day and said persons eacl,
and severally were thereby deprived of
the opportunity of casting their votes.
That said persons each and severtlly
we've ignorant that any polls were ope,i-
ed or claimed to be opened OIL that day
at any place in said Lorain town. That
many other qualified electors OH Nov. !,
1879, of said Lorain town, whose names
are unknown to contestant, went to
said school house in school district No.
%, to vote that day, and found no polls
open there, and were thereby deprived
of the privilege and right to vote for
the office of sheriff aforesaid, which 9TH
erwise they would have exercised and
voted, and all Of said persons believed
and supposed that said annual election
would he held ut said school house.
That certain persons whose names
are unknown to this contestant, on
Nov. 1, 1870, opened Il pretended cleo
ton and poll at II house known as The
Tuttle school house in school district
No. ~, in said lorain town, illegally
and without authority of law. That no
notice of amy kind or i'll any manner
was ever given that the annual election
to be held Oh Nov. 4, 1879, was to lie
or wO AID he held at said school house
III district No. II. That said school
district covers about eighteen square
miles IN extent, and 10 school house ex-
listed Or was built in said district until
late in the spring or early in theSllmmer
of 1879, and the existence Of said school
house WAS wholly unknown toa large
number of the qualified electors of said
J.orain town, OH said Nov. 1, 1879.
That said persons SO opening said pre-
tended polls received or pretended to
rectiye, votes for the office Of sheriff,
us your contestant is informed and be-
lieves, and made u pretended canvass
OF said votes, and Il pretended and ticti-
tious and fraudulent return to the cOul,-
ty Auditor Of said county, showing
that al election had been held on said
Nov. i, 1870, at said school house, and
that the respondent, II. Il. Miller had
received eleven votes thereat for said.
office OF Sheriff, and this contestant had
received eight votes for said office, and
said county canvassing board illegally
and without authority OF law, counted,
| canvassed and included said eleven
H.
her cast for him in said county on said
Nov. i. 1879, for said Office of sheriff
and I'LL Of which AFFECTED the result.
9. That Oh Nov. i, 1879, the village
Of Worth!ngton in said county compoS-
ed an election district. That said vii
lage IS and WAS duly Incorporated under
an act Of the Legislature entitled IAN
act to incorporate the village of Worth
Y1tty mad
That by the provision of said act it is
provided that the common council Of
said village in what place III said cleo
ton district elections Shall lie held. at
least ten days before any election shall
be held, and that the recorder of said
| village shall give notice of the time and
place OF holding said election. That
the common council of said village did
determine more thar ten days prior to
Nov. 4, 1879, that the annual election
to take place Nov. 1, 1879, should he
held ut the Wort'ington Hotel III said
village and election district and that
the Recorder Of said village did give d:e
| and public notice that said election
would lie held 1T said Worthingtun IIo-
| tel in said village. That the judges OF
said election met ut said Worthington
Hotel to correct the Registry lists and
| corrected them there; but tnit in fact
no election was held that day, Noy. !,
1870, 1t SAID Worthington Hotel nor
| amy votes received there for any office.
and specifically no votes were received
there that day for the stiice of Sheriff
aforesaid. That certain persons claim
ing to act rs judges and clerks of cleo
ton. opened IL pretended election and
poll at Il distant and different place in
said village known us tie Office of one
l.. Il. Bennett who was then and there
il candidate for all office to- wit: Curon-
er, to be voted for that day, and said
persons pretended to receive votes for
the office Of sheriff and to make return
thereof to the county auditor of said
county, and did make illegally, ficti-
tiOus and pi blended returns Of an elec-
l I i'm II IT, l., LII