The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-11-22

ballots were not strung, sealed up and
returned in the sealed package 10 your
clerk. You know where they are and
can get them. The only difficulty in
my mind, is as to your power, sitting a.
a canvassing board, to count anything
except the sealed packages Of ballots re-.
turned to your clerk. II you were sit
ting as a 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 each precinct. You have Canvass
ed those returns. Several candidates
demand q recount. Your only powers
are conferred by the statute. Turning
to that you find the following provis-
ion:
after canvassing the returns Of
election the board shall upon the de-
mand OF any candidate voted tor at
such election, open and examine one or
more of the sealed packages Of ballots,
and recount the same"
1.-THE sealed packages Of ballots from
any Of the precincts had fallen into i'm.
proper hands, clearly you could have
had such sealed package returned to
your clerk. as required by law, but this
question involves your power on open
ing the sealed packages as above pro-
vided, TO place some other ballots in
those packages, l know OF no law Civ
ing you such power, and mast advise
against it.
The seventh question asked. "What
expenses are persons demanding 70.
counts 10 pay in the event the result Is
unchanged? = What is sufficient
change TO relieve him OF liability for
costs?
The provision understand this ques-
ton TO refer to is as follows:
"If tho result Of election is not
changed by such recount the costs
and expenses thereof shall be paid by
tho party at whose instance the same
was made"
have no doubt whatever as to the
true meaning Of the above provision. 1t
does not mean that the change of one
or more votes will save the party ask
ing the recount from liability for costs
and expenses thereof. Clearly 1t means
that the party at whose instance re-
count is made shall pay the costs and
expenses thereof unless the result
OF such recount shows him to be elected
on the face OF the returns.
DOWN TO BUSINESS.
This having been read, a motion was
made to have each Of the persons who
had demanded recounts give bond for
their share OF the expense, but after
some discussion this idea was aban-
doned, Mr.. Howard sayingthere was no
law to require bond. It was agreed
that each candidate interested should
stand his share, and all be counted at
once.
The members OF the board all sit
about table twelve feet long. Yester-
day Mr.. McGregor called the votes for
the eight legislative candinates and two
each for congress, senator and sheriff.
Other members Tailed or folded and
strung ballots. Each interested candi-
date also has tally clerk present
The lawyers interested, Messrs. Hub
bard, Hugus, Russell and ALI Caldwell,
paid visit to the circuit court above
and argued a request that the ballots
sealed in envelopes and given to Clerk
Mitchell be turned over to the board.
Upon returning Mr.. Hubbard presented
a resolution asking the judge and clerk
OF the circuit court and the foreman OF
the grand jury to transmit TO the care
OF the board the ballots in question,
which was adopted. <
It was decided to begin the recount
in the precincts where there was no
trouble about the ballots, and Richie
precinct was taken up.
While this was in progress Clerk
Mitchell appeared with the very frmous
ballots which have been in his posses
sion. These had been opened by the
foreman Of the grand jury, the affidavits
taken out and the ballots resealed and
properly endorsed. The clerk said he
turned them over to the board in pur-
suance OF a verbal order Of the circuit
judge.
SOME OF THE TICKETS.
There was some discussion as to
whether the clerk should enter upon
his record of the proceedings excep-
tions entered by the lawyers to rulings
BY the board. Mr.. Hubbard insisted
that this should be done. The composing
lawyers argued that it would be OF no
use, as the proceeding here was final
and could not be reviewed. Mr.. Hub.
bard said to suppose this was mistake.
Finally exceptions were directed to be
noted.
One ticket on which blot had fallen
on O'Kann'a name and been rubbed
clear across it was counted for him and
exception taken. In the afternoon u
similar ballot was counted for Smith,
and Mr.. Russell excepted, making
"horse and horse"
Partially scratched ballots were FREE
quent and there was considerable diff
ference OF opinion as to the propriety OF
counting these, while exceptions were
frequently taken.
The one precinct was finished by p.
M, aud at o. m. the board reSssem-
bled and took 10 precinct Of Richie.
1t developed in the count OF Richie
that Franzheim had received lots of
Republican votes there, while several
voters had scratched Medick for Imhof.
There was exceedingly little scratching
by Democrats. Mofiat and Smith got a
few Democratic votes, Doyener one or
two and Hervey one.
The second precinct tackled was fin
ished 4:20 p. M, tho work having con-
sumed two hours and twenty minutes.
In precinct the Republican ticket
entire lost one from the original re.
turns. On precinct 6 the Republicans
lost two and the Democrats two from