Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1888-12-06
THEsEEDs-PECK CONTEST.
Causes Of the Contest over the Pro-
bate Judge Election-Mode Of
Deciding Such Cases.

00SAU<AS 6uSn SooCs'
AS was stated in a recent issue of the
REFLECTOR, W. P. Seeds has filed with
the county clerk notice of the fact that
he will contest the decision of the
county canvassing board in regard to
the election of probate judge and a
petition to the county attorney asking
for court of inquiry to be convened
that the case may have a thorough ex-
animation.
1t will be of interest to many to
learn the exact grounds upon which
Mr.. Seeds bases his action and the
nlod,Ls operand, of conducting the case.
In his petition MIR. Seeds claims that
he has unjustly been defeated for four
reasons, viz:
First, "Mal-conduct, fraud and cor
ruption" in Jefferson township in
destroying ballots" having Seeds
name upon them and substituting
those having Peck's. 1t is also enpha-
sized in the petition that Mr.. Peck
was one of the judges of election in this
precinct.
Second, "Error and mistake by the
board of judges in Jefferson township
by means Of which enough ballots to
change the result of the election were
miscounted.
Third, Similar Terror and mistake"
by the judges of election of Buckeye
township.
Fourth, Similar Terror and mistake"
by the board of judges of Detroit pre-
cinct.
1t is claimed that any one of these
reasons is, if substantiated, sufficient
to change the result of the election.
The method of contest under the
Kansas statutes may be briefly
stated as follows:
The court is composed of the pro-
bate Judge Tor in his interest, as in
this case, the county attorney and
two disinterested persons selected by
him. The court shall be held at the
county seat or some place in county.
1t shall be conducted similar to dis
trict court, the county clerk acting as
clerk of the court. The day of trial
shall be not more than thirty nor less
than twenty days from the day of
notice, which was in this case Nov.
2Sth, the subpoenas, testimony, adj
journment, etc., similar to the usages
of the district court. Witnesses may
be compelled to state for whom they
voted The court shall pronounce
judgment whether the contestee or any
other person was duly elected; and the
person SO declared elected shall be en-
titled to his certificate upon qualifica-
ton. If the judgment be against the
contestee and he has received his GER
tifcate, the judgment annuls it. If
the court finds that no person was
elected, the judgment shall be that the
election be set aside. The confession
and contestee are liable for the costs
made by them respectively, and upon
the rendering of judgment the costs of
the court fall upon the defeated party.
The outcome of this important con-
test will be watched with considerable
interest by the citizens of Dickinson
county. The fact that Mr.. Peck has
majority of only IL in "a total vote of
1907 votes makes very slight change
sufficient to shift the election from one
side to the other. However, Mr.. Peck
has no hesitancy in meeting the inves-
tigation; indeed he courts it. The
election was conducted as openly as
Kansans always conduct their elections
and it is improbable that any irregular
tiles will be found.
IN ~ "a