Telegram-herald., 1890-11-14
HE is COUNTED OUT
Asynsrd's Majority Il Fhyslcks1
late = Hopeless AlEorigy
THREE THQTSnD i0IESIHRowsOTT
klsea = strsngsE IhAa ~ assr. ses pa
tisaAshiE Be4ts seaT A2sa -f1~
CaRs1ssisS t<szFa Dsytses % Party
Atsss Assnty-siz - Siaste<D-

IA tie eitF hal ysstSFaa9f e. &ct efoA
the election returns as reported ~ the
vaF.oas committees. Tie comm.tiee
hsx.ag i charge the eAnyass.ng o. tRe
retugas npoa the vote Tor representa-
tixe "a tne Fret Legislative district.
submitted both majority and min-
oTity report The majority report vas
presented by Alderman Slebbins, snd
WAS % the effect that tie majority ot
the conlm.tlee had decided that the
double or cumulative voting system,
was unlawful, and that they had gone
carefully over tie tally sheets and poll
ing lists, comparing them with the re-
tugus and when there Was evidence
that double votes had been cast, they
subiracged from Fred A. Maynard's
vote al amount that. added 10 the vote
for the other candidates, would b.
eQusl 10 the number OF names OF the
polling list. This method OF proceed
ure reduced Mr. Maynard's vote very
materially. Gn the face of the returns
the vote stood as follows: Maynard,
s36S; White, = SIS; Hayward, 1914 Thaw.
99S. The majority report made the re-
turns like this: White, 725s; Hayward,
7O74; Maynard, 1874; Thaw. 623.
IN order 10 be thorougly impartial,
the double Votes on Shaw. the Prohibi-
ton candidate, were shaved in ike pro-
portion. The committee recommended
that certificates Of election be gwen to
White and Hayward. The minority
report was TO the effect that the board
could not go behind the returns, and
/ that the duty OF the board was p sinly
10 act upon the returns as presented,
and give the certificates 10 Maynard
AMI White. If Mr.. Hayward chose 10
contest the election OF Maynard, he
had MS remedy in an appeal to the
new ID mOcratc Legislature.
Alderman Tatcum spoke IN favor OF
/ the minority report. He oid: ~ have
/ confidence IN this board and believe
+ that they will settle this matter in n
( nonpartisan spirit, as should be done.
4 | am not going to give my opinion upon
( the justice of the law III regard to
( cumulative voting, but we should not
! 60 behind the returns. If the law Is
unjust, the Democratic Legislature can
| adjust the matter at its coming ses-
| siOn." The alderman preceded to
quote the opinions OF the supreme
! Court from such authorities as Judges
Graves, Christancy and Cooley. The
Jaw says plainly, the board snail pro-
! ceed 10 examine the several original
! statements certified by the various in
] spect0Ts of election. You can not prop
/ erly bring anything except certified
| documents before this board. No tally
! sheets, poll lists, or anything else not
specified by tie law shall be considered
! by the beard. The board is simply a
ministerial or clerical body and not a
/ judicial one. Judge Graves, OF the
I Supreme Court, saws the board has DO
power to 90 behind the election returns
and 10 IS not compelled to assume
that the votes cast Tor the respective
candidates are legal votes IL is our
duty 10 give Mr.. Maynard his ccrtiii-
! cate on the face OF the returns; then, if
! Mr.. HAYWARD cOntests.the election, let
! him appeal to the Democratic hegislI-
! ture and have the votes rccounted. l
! have no doubt that MIR. Hayward will
! eventually get his seat, but we, as a
| canvassing board, have no business ~
settling the matter. 1t IS clearly out
! of our province"
Alderman S,ebbns then spoke in de-
fense OF the majority report and cited
the general election law passed three
days later than the law permitting Gu
mulatiyc voting, and based his position
upon the clause prescribing the manner
of counting the votes. said he: This
law says that the inspector shall take
the tickets from the box. It having first
. been we'll shaken, and shall call out the
names upon the ticket, and rs each
/ name is called the clerk shall record
one vote for the person named. 1t also
( says ali acts or parts OF acts conflict
ing with this act are hereby repealed
{ The law says that the board of can
/ yassers shall have access TO the polling
| lists and tally sheets. We do not be-
lCye u IS right TO count a double vote
! for \ candidate, and where the returns
have shown on the face that such votes
have been counted, we have altered the
returns"
Alderman DeGraaf said: "When we
took our Offices As inspectors We swore
by Almighty God 10 support the cOnstI-
tuition OF the state, and make a correct
return of the votes polled. We have
done our duty and TINS board has no
right % 20 behind the returns. | can
remember two double votes for Mr..
White that were pasted over Maynard 5
name. How can you settle this matter
without an entire recount % the vOtes7
There is only one way 10 do, and that
ls to stand hy the returns"
| II. IL Drury was a strong supporter
Of the doCt0rcd returns. lie SAID that
the opinions cited by Mr. 1ateum were
gwen before the passage OF the present
law. and were, therefore, of no effect
in this case. "ln the ward I represent. -
/ said he. "wnen Mayuard's name was
called re counted one vote. IN the
Third Che two votes were counted The
Jaw cited by tae chairman. Mr.. steb-
bins. repeals all acts .u Contraventon
Of 8 when the vote is counted one vote
shall ba tailed by one man."
supervisor Benjamin saHi. "In my
ward there vefe number OF double
votes counted for White. snd I don f,
sec bow we are gong % settle th e
thing correctly without going behind
{ the returns
AlaernaB s,elbius replied eve 10
I nos believe t1at We SO msklnE th.ere-
durtoa of thc double Totc vith sbso.
lgte correctness. bat the votes re have