St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-12-09
BOUND TO STEAL IT.
Pretended Canvass Of the
Vote Cast Nov. s in
Wyoming.
Gov. Osborne Protests Against
the Action Of the
Board.
Carbon County Returns Ma
nipulated to Steal the
Legislature.
Democrats Will Apply to the
Courts for a Man
danuS.

CHEYENNE, Wyo., Dec. The state
canvassing board. consisting of Sec
retary of State Amos Barber, G. w.
Burdick and Otto Gramme, all Repub-
licans, today canvassed the vote Of the
state election. The canvass was made
with much ceremony and formal
ity. The doors of the secretary
OF states office. where the can
vasS was made, were guarded
by sheriff's deputies and guards and
none were admitted unless permitted
by the board. The Democrats were
represented on the board by Chairman
New and Attorneys Thompson and
Campbell, the Republicans by Chair
man Vandeventer, Hammond and
Schweiter. Representatives of the Ieo-
ple's party, of Cheyenne, and the Rocky
Mountain News were also allowed in
the room. When the board convened
Mr.. Campbell presented the following
protest:
To Amos W. Barber, secretary of state,
Otto Gramme treasurer. and Charles w.
Burdick auditor, assuming to act as a state
board of canvassers to canvass the returns of
the late election in Wyoming; | here
by enter protest against the can
vass by you Of the official re-
made in my presence as governor of the
state, and | hereby notify you that | am ready
and willing TO be present at said canvass. and
tprotest against my torcible exclusion from
he same. JonN E. OSBORNE,
Governor of the State of Wyoming.
Refused 10 Receive 1t.
The board refused to receive the pro-
test with the title governor Of Wyo-
ming" affixed. The canvass then pro-
ceed until Carbon county was
reached. From this county two
ing board certified to returns which
included the voting precinct of Hanna.
BY the certificate the Democrats elect
one state senator. The county clerk
sent a protest against counting the
county. Arguments were then heard
on the question of admitting the
Carbon county returns from the ma
jority or minority of the county
canvassing board. Willis Van
deventer, for the Republicans, con-
tended that the two justices of the peace
did not constitute part of the canvass
ing board. He contended that the
justices of the peace were merely as
sistants and that no authority was given
them to act in any capacity except as
witnesses to the canvass of the votes by
the county clerk.
Mr.. Campbell, for the Democrats. con-
tended that it was the chief intention Of
the legislature to make the justices of
the peace members of the canVaSSing
board. This construction was given by
a decision which reciteS that the can
vassers shall not throw out the vote
of any precinct. The view held by
the Republicans was contrary to every
principle of American government. In
this particular case its abSurdity was
shown in the fact that the county clerk
of Carbon county was candidate for
reelection. and, under the construction
of the Republicans of the statute,
He Was Sole Judge
of the matter, something that would
not betolerated in any court. The can
vaSsing board considered the question
for an hour and the then rendered the
following:
"Iu the matter of the abstracts from
Carbon county this board is clearly of
the opinion that it is not the duty
of the canvasSing board to de-
eide whether any court officer
either clerk or justice, has properly and
lawfully performed his duty except to
the completeness of the returns. This
board has not the authority to inform
itself as to the e~mnutest details of the
proceedings; 9hat the boards jurisdic-
tion is limited to considera-
ton of such properly certified
abstract as comes before it. regard
less of any detail pertaining to the
official acts of either county or precinct
officers, but that all such matters, if
questioned, are solely for the considera-
ton of the Legislative bodies or the
courts. Returns have been made by the
county clerk of Carbon which comply
with the statutes. We cannot go be-
yond that to anything either within or
without. We, therefore, conclude that
it is our duty to act upon the abstract
from that county which IS certified to
have been made at the time and III the
manner provided by our laws"
A protest against this decision was
filed by the Democratic counsellors and
notice served on the board that the ap-
plication would be made to the courts
for the issuance of writ of mandamus
to compel them to canvass the vote
of Carbon county in accordance with
law.