Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-11-22

CAerk Mitchelrs hands De countedr The
reAerd now shows that certain ballots were
noO@trung, sealed up and returned iP seal
90 package 70 your Clerk. You know where
they are, and can get them. The only diff
Guilty, IN my mind, is a. TO your power, sit
ting as Canvassing Board, TO count any
thing except the sealed packages Of ballots
returned 10 your Clerk If you were sit
ting as Court to hear and determine
contest, the ballots referred TO might be
considered, but here your powers are more
limited. You have the returns from
eacd precinct. You have canvassed
these returns; several candidates
demand recount Your only
powers are conferred by the statute.
Turning 10 that you find the following
provision: After canvassing the returns
of election, the Board shall. upon the de-
mand of any candidate voted for at such
election, open and examine any one or
more of the sealed packages Of ballots and
recount the same If the sealed packages
of ballots from any of the precincts had
fallen into Improper hands clearly you
could have had such sealed packages re-
turned 10 your Clerk as required by law,
but this question involves your power, on
opening tue sealed packages, as above
provided, OF placing some other ballots IN
those packages, L know OF no law giving
~
1.-The seventh question asks: What eX-
peuses are persons demanding recOunts 10
pay in the event of the result being I'M
changed. What is a sufficient change TO
relieve him % liability Tor cOstsH The
provision / uuderS and this question TO re-
fer TO is as follows: III the result of cleo
tiOn is not changed by such recOunts, the
costs and expenses thereof shall be paid
Oy the party az whose instance the same
was made. l have no doubt, whatever, as
10 the true meaning of the above provision
10 does not mean that the change Of one or
more votes will save the party asking the
recount from liability for costs ana eX-
pCuses thereof Clearly IL means that the
party al whose Instance a recount IS made
Shall pay the costs and expenses thereof,
uul esS the result of such recount shows
him 10 be elected on the face Of the re-
turns
This brought the Board down to the
recount proper. Mr.. Koch suggested
that candidates ought 10 give bond
for the expenses Of the recount, and
made a motion 20 that effect. This was
discussed for some time, Mr.. HuguS
suggesting that the law contained no
provision for such security. President
Cruise called the attention of Mr.. Hugus
20 the fact that security was often re-
ouired in Court for the costs, but Mr..
Hugus answered that that was only
done in appeal cases.
"Wen, this is an appeal" said Mr.
Koch.
Mr.. Howard was appealed to, and
said the law merely required that the
expenses should be paid in case the re-
suit Of the election was not changed
10 was then agreed that the expenses
should be paid by the contestants pro
rata.
This being settled, Mr.. Hubbard
stated he had requested Judge PAUL to
order the sealed ballots in the possession
of Clerk Mitchell placed in the custody
of the Board, and that the Judge had
ordered the ballots TO be taken before the
grand jury, the atlidavitS sealed up
with the ballots taken out, aud the
packages reSealed. The question Of
counting the ballots would be conSid-
cred by the Court to-day, and in view OF
this. he suggested that the Board ad-
f0urn over to-day, TO allow counsel TO be
present iu Court. This led TO a very
general interchange OF views, and the
Board decided 20 set aside Washington,
Madison, Union aud Centre districts,
from all of which there were sealed and
DISPUTED ballots, and take up Richie.
GIr Hubbard then offered the following,
with request that IL be adopted by the
Board:
Resolved, That the Board of Commission
ers of ONO county, acting as canyassers,
request the Clerk of the Circuit Court OF
Quo county, the Judges thereof, and the
grand Jury of the current term thereof, and
The foreman of such grand Jury, to trans
init 10 the Board of Commissioners OF ONO
county the ballots deposited by the com
missi0uers of election with John W. Mitch
ell, Clerk of said Circuit Court
Mr.. Howard advised that it was
proper, and the question was then put
and carried. Clerk Mitchell then turned
over the packages of ballots. w. Y.
English and John Beymer were chosen
tally clerks, and the count began:
THE RECOUNT.
In Precinct No. of Richie the Pres
idential vote was 95, Of which the Dem
oc~ats had 81 and the Republicans 81.
The original cacvaS stood; PendletOn
34 Dovener IS; Tarr "a, sHervey 5S;
Brockunier "a, Imhoif 80, O'kane So,
Wilson 81, Smith 5s, Medick SO, Raw
ling IS AID McCullOch 5s; Franzhelm 20
and MofTat 60. The recount showed no
change on Congressman, loss of one
vote for Hervey, gain OF one for each
of the Democratic Legislative ticket and
a loss OF one for Franzheim. When the
count OF the precinct had been con-
cluded the Board took a recess until.
p. IN.
AFTERNOON SESSION.
When the Board reasSembled, shortly
after . O'Clock, precinct No. of Richie
was taken up. This was a large pre-
cinct. and it split even between the two
uarties. each having l2S votes for Pres
ident. There were large number OF
spectators, embracing within their num-
her several we'll known politicians IN
each party. as the count progressed IL
became evident that Mr.. Franzheim
had unite q number Of Republican
friends i'm the precinct, as the name OF
Mr. MOffat, Republican candidate Tor
Sheriff. was scratched frequently ana
Mr. FraDzbeim'S name substituted.
Things ran along all right until shortly
after 2 O'Clock, when a ballot was
reached on which the voter had allowed
his pen tojump in marking OH the FROM
bition, Third party and Republican
tickets. not having drawn q continuous
line. and having a number of names up
ON each of the three tickets named IN
cancelled. or apparently 50, and particu-
IarIy the name of Mr.. Hervey FOR Sen
ator. The Republicans commended TINS
onght not be counted for Senator or Tor
the Legislative ticket for this reason
and Mr.. Hubbard excepted 10 It's eouns'
80 - : -. ,,,,ntnA A lfflp later