Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-11-28
The Contestants, Hare and Philbrick,
Charge That There Was Fraud
and Bribery.
Philbrick Charges That in the Court
House Precinct, Ballots We're
Tempered With.
The District Court COnvenes-The
kidder County Election
Case Opened.
The Contests in Burleigh County.
TFrOm Wednesdays Daily.l

district by Mr.. Philbrick, representing the
Pierce faction, and by Joseph Hare repre-
senting the anti-Pierce faction, as follows:
PHILBRICK VS.. YEGEN.
State of North Dakota, county of Bur-
leigh, TWenty-seventh Legislative dist
riot, comprising the county of Burleigh.
John F: Philbrick, contestant, against
John Yegen, contestee. Contest of elec-
ton OF John F. Philbrick to seat in the
Second Legislative Assembly from Bur-
leigh county, North Dakota.
In the matter of the contest by
the contestant, John. F., Philbrick,
on the 18th day of November, 1890, of John
Yegen, cOnteStee above named, as deter
mined and declared on the 18th day of No
vember, 1890, by the board of %canvassers Of
the county of Burleigh and state Of North
Dakota, to the Office of representative of
state of North Dakota, and a seat in said
body by a majority OF thirty votes in and
from the Twenty-seventh legislative dist
riot, constituting the county of Burleigh
aforesaid.
To John Yegen, contestee above named:
SIR: You are hereby notified that l de-
sign, intend to and shall contest your cleo.
ton and right to a seat in the house of
representatives Of the Second legislative
assembly of the state of North Dakota
from the Twenty-seventh legislative dist
trict, composed of the county of Burleigh,
state of North Dakota, by reason of ar
election held in said county of Burleigh
result as determined and declared by the
canvassing board of said county Of Bur-
leigh, North Dakota, on the 18th day of
November, 1890, that you had a majority of
thirty votes for said position over John f.
Philbrick. contestant, upon the following
grounds:
First. That at said election in the Sec
ond precinct in the First commissioner
district, known as the court house pre-
cinct, in the city OF Bismarck. county of
Burleigh, state of North Dakota, there
were tifty-nine persons who voted for said
Yegen who were not legally entitled to
vote there, they at that time not being
legal voters, residents. inhabitants or citl-
zens OF the state of North Dakota and Of
said precinct; and that said ballots or
votes were taken, received and counted for
said egen by the judges of said election
in said precinct, wrongfully, fraudulently
and unlawfully.
Second. That at said election in the
Seventh precinct in the Second commits
Sioner district, known as the Driscoll pre-
cinct, in the county of Burleigh, state of
North dakota, there were four persons
who voted for said Yegen, who were not
entitled to vote there, they at the time not
NAh tSSoA VOONASs ASoANShOot
or citizens of said state of North Dakota
n of said precinct, and that said ballots
or votes were taken. received, placed in
the ballot box, canvassed and counted for
said Yegen by said judges.
Third. That at said election in said Sec
Ond precinct in the second commissioner
district, in said BurIeigh county, state of
North Dakota, the judges of said election,
then and there, each, every n all being
friends, supporters and adherents of the
said John Yegen. with intent and design
to thwart the will of the people, and to
w%rongfully, fraudulently and unlawfully
compass the defeat of the contestant, John
F. Philbrick, did take and receive and de.
post in the ballot box numerous votes
from voters who were at the time and
place legally and in good faith challenged
as unqualified to vote, which votes of said
voters were taken by said judges without
said challenge being Withdrawn and with
out exactiDg an oath or affidavit from said
voters, the said votes being each for the
S id John .Yegen, and being thereafter so
counted and canvassed.
Fourth. That after the polls were
closed in the second precinct III the city Of
Bismarck, known as the court house pre-
cinct, the said judges Of election then and
there, each and every and all being
friends, supporters and adherents of said
John Yegen, with intent and design to
thwart the will of the people, and to I'M
. 1dW1ul1y, llduuulCuCly dlu WlOIk1ulAy
compass and accomplish the election of
said contestee, John Yegen, and the defeat
of the contestant, John F. Philbrick. did
proceed to count End canvass the ballots
deposited in the ballot box in said precinct
in secret and with the doors and windows
the said room being the polling place of
the said precinct, and did then and there
for a long period Of time, exclude and keep
out of the room in which they were as
aforesaid, the public and all friends and
supporters of the contestant, and the said
judges did then and there, during the peri
cd of time aforesaid, throw out and de-
strOy a large number lat least tifty) Of
votes or ballots cast for the said contest
ant, John F.. Philbrick, and substitute
therefor an equal number of other votes or
ballots which we're in favor of the said
John Yegen, and which were so canvassed
mi counted. A..E.
d Fifth. That on the 18th day of Novem-
Der, 1890, the board of %canvassers Of the
county of Burleigh, aforesaid, duly assem-
bled, proceeded then and there to count,
canvass, determine and declare the result
there counted and ~canvassed all the illegal
votes heretofore mentioned and set forth
for the said John Yegen, for said Office and
seat of representative aforesaid, and then
and there as aforesaid, counting and can
wasting said illegal and fraudulent votes or
y UallOtS, lOuuu CldG GloIo was Gllo SuM duU
number Of 533 votes or ballots cast for said
Yegen and no more; and they at the same
time and place counted, canvassed and de.
termined and declared the sun or number
OF sos votes or bollots cast for this contest
ant. from which they determined or de:
clared that said Yegen had and received OF
all the votes cast for said Office in said
county and district a majority of 30 votes
Or ballots n no more.
That if the alleged illegal votes or boll0ts
aforesaid and the whole thereof had not
been cast, counted or canyassed for the
said Yegen, the result would have been
different, In this, that instead of the said
Yegen having a majority Of 80, this con.
testant would have a clear majority of 1873.
That the contestant, John +. Philbrick
did in truth and part, have a clear major
ity of all the legal votes cast for said office
OF 1888.
5 Dated November %, 1890.
JOHN r.. PHILBR1cK,
NELSON +. BoUCHER, Contestant,
Attorney for Contestant.