Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-04-22

kenny as. BGiJey-TTte ALIeg atoms, etc.
The papers in the election contest for
the Office of the judge of the municipal
court were served yesterday upon Francis
B. Bailey, the defendant in toe action. The
answer Will be filed in the district court
within twenty days.
THE COMPLAINT.
After giving the title OF the action the
complaint says:
WHEREAS, At an election lately, to-wit:
on the Sd day of April. 1883, held in the
the said Alexander I. Ankeny known as A.
q. Ankeny and you, the said
Francis B. Bailey, were candidates
for the Office of tho Judge
Of the municipal court, and
WHEREAS, The city council as a board of
canvassers did on the 4th day of April.
1883, after canvassing the returns of said
election made to the city clerk, declare the
said F. B. Bailey to have the highest
number of votes, to-wit: thirty-nine
Ankeny for said Office of municipal
Judge, and to be duly elected as such
judge of seid municipal court.
WHEREAS, Said A. t. Anksny claims and
believes and has good reason to believe and
now alleges that in and about the casting.
counting of said votes, canvassing the re-
turns of said voters for said office of
municipal Judge at said election and in
canvassing said returns by the city council
errors, mistakes and wrongs were commit
ted to the prejudice of said A. T. Ankeny,
by reason whereof said F. B. Bailey was
declared elected.
WHEREAS, in truth and in fact the said
A. L. Ankeny did have the highest number
of votes, and the highest number of lawful
votes for such municipal Judge, and was
duly elected municipal judge, and
should have been so declared,
as will fully appear when
said errors. mistakes and wrongs are
duly corrected and when such votes are
correctly counted, and when the unlawful
and illegal votes cast for said T. 3. Bailey
for said Office be rejected, thrown out and
deducted from the total number of votes
cast and counted for SAID F. B. Bailey for
such Office. Now therefore to the end the said
errors mistakes, etc. be corrected and Justice
and right be done in the premises, you, the
said F. B. Bailey, are hereby notified that
1, said A. L. Ankeny, do hereby contest
your election to the said Office of munich
pal judge.
After the further usual preliminaries
used in legal documents of the kind, the
complaint gives a number of points of
which the following is an abstract,
although not following the exact language
of the complaint, which is too lengthy for
publication entire.
CANvAssING THE VOTE.
First-In canvassing the vote for the
Office the judges of election at the various
polling precincts did not read and an
nounce each ballot for the Office,
separately proclaiming the same
to the clerks rs required by
law, but in many of the precincts read
and announced many ballots in the aggre-
gate contrary to the law requiring a sep
arate count.
COUNTING BLANKS.
Second-In each of the precincts in can
wasting the votes there were ballots upon
which Baile3's name did not appear, and
which were nevertheless counted and an
nounced for him and so returned by the
judges, to such an extent that had this er
ror been corrected A. F. Ankeny must have
been declared elected.
DOUBLING UP.
ThIrd-In many of the precincts ballots,
upon which the names of both candidates
appeared, were counted for Bailey.
ANKENY VOTES NOT COUNTED.
Fourth-In each of the precincts there
we're votes cast for A. T. Ankeny for Judge
of the municipal court, which were thrown
out and not counted by the judges of cleo
ton.
TOO MANY.
Fifth-A greater number of votes were
returned in certain precincts for F. B.
Bailey than were actually cast, and the
aggregation of such errors was not less
than 100.
THE COUNCILS ERROR.
Sixth-The city council gave Bailey more
votes in certain precincts than the judges of
election returned as having been cast for
him, and as an instance in
point the complaint points to
the second precinct of the
First ward, where the city council made an
error in counting, giving Bailey twenty
more votes than the judges of election re-
turned for him, and by such errors the city
council gave him fifty more votes than he
was in truth entitled to.
THE BOOKS DON'T TALLY.
Seventh-This clause points to the fact
that in many of the precincts tn ere were
more votes returned for municipal Judge
than were actually cast in such precincts,
as exhibited by tally sheets" used by the
Judges of election, and that this excess
alone exceeds the majority or plurality
given by the canvassing board to Bailey.
ILLEGAL VOTING.
Eighth-This clause alleges that there
we're many more votes cast for Bailey than
the numberlof mis- majority over Ankeny
by persons who had no legal right to vote