Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1889-01-17

marked "B Peck" and ballot number
five, ''Ben Peck" and ballot number
twelve, ''B. W. Pek," with the Ger
man capital "P" having something
the appearance of a *" should be
counted; with the result that Peck
loses four votes in Jefferson township,
and with the total result from all the
foregoing that Peck loses five votes
and gains one, and Seeds loses four
votes and gains one, with the result in
the county that Peck is entitled to
have counted for him 2,256 votes and
that Seeds is entitled to have counted
for him 2,244 votes, giving Peck plu-
rality over Seeds of twelve votes.
In determining which of the tickets
hereinbefore referred to should be
counted and which should be rejected,
we have applied the rule which seems
to be the settled law of this State, that
where the ballot indicates to GER
tainty the candidate who was intended
to be voted Cor. it should be counted,
with the exceptions hereinafter men
toned. Under this rule and the evil
dence in the case, showing that the
only candidates for probate judge
were the confession and cOntestee in
this case, and 9abbett and Stewart,
we are satisfied beyond any question
that the votes "Seeds'' without any
initials, wv Seeds" Il. L. Seeds
/ and ''Seads'' We're intended for the
Ct diiate " p. Seeds. We are ais
satisfied tia, The votes b Peck. =
Ben Peck" and ''B W. Pek'' Were
Intended for the candidate B. w.
Peck.
Ballot number twelve in Jefferson
township at first sight appears to be
''B. w. Keck." but we are of opinion
that what appears to be a *" is in
fact German capital 'P," and we are
confirmed in that opinion 10y the fact
that the handwriting indicates that the
blanks in the ticket were filled out by
German. and that in writing the
name of John Pollock for Constable be
uses a character for the first letter in
the name of Pollock exactly like the
character used for the first letter in the
name of Peck.
The ballots number one and fourteen
in Jeffersan township, ''B. W. Beck .
are well and plainly written, and while
there is so some similarity both i'll the
appearance and sound of the words
"Beck" and Peek" yet we are not
able tie say that the parties who wrote
these names intended to write Peck. -
and therefore We have not counted
these ballots.
On the ballots number and 4, in
Buckeye, Is in Lyon, 2. 10 and Is in
Jefferson, we find the names of two
candidates for the Office of Probate
Judge. In each instance one name
was printed and the other written with
lead pencil, the persons casting the
ballots intended TO vote for the candid
ate whose name he took the trouble to
write upon his ballot; and by these
means we may determine with c0nsid-
cradle certainty as to what was the in
tention of the voter; and if we had no
statue governing such cases we would
be inclined to count these tickets for
the party whose name in written.
but sec. % of chap. 36 of the compiled
laws of Kansas provides that if a bal
lot shall be found to contain a greater
number of names for any Office than
the number of persons required to fill
that office, it shall be fraudulent as to
the whole of the names designated to
fill such Office, but 10 further. This
statute is mandatory. and under the
decisions of the courts constituting this
and similar statutes we have no discre-
ton in tie matter, but must reject the
ballots. In support of our decision in
relation to these ballots We cite the 26th
Kansas, 395; Ssth Illinois, 1873, sol and
sos, 9Th Northwestern Reporter, 346;
4th Wisconsin, APO; 23d Kansas, 202;
Cooley, on constitutional limitations,
607 and Gil, note l.; American and
English Cyclopedia of Law, vol. 6, page
346.
The two ballots marked number
fifteen in Jefferson, one containing the
name of B. w. Peck and the other the
name of E. F. Babbett for probate
judge, were found with the other ballots
in the envelope, rolled up and tied to-
gether wieh a string, we have no direct
evidence to show how they came there
or why they were kept separate from
the other ballots, but we find that there
is one more ballot in the envelope than
there are names on the poll book in
Jefferson township, and we infer that
these ballots were laid aside under sec
ton % of chapter SO of the revised sta
tutes, which provides that if two or
more shall be found so folded together
as to present the appearance of single
ballot they shall he laid aside until the
count of the votes is completed and, if
upon a comparison of the count and
the appearance of such ballots, ma
jority of the board shall be of opinion