Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-12-10
GARDINER & BAXTER.
is STILL In DOUBT
John G. FITZGERALD Viii Act
as the Umpire in
The CONGRESSMAN RECOUNT
To Decide Moot>d Questions OF Law.
Iona Must Hurry Up-Yesssrday's
Lizzie Tlts IN the Recount.

Yesterday morning the congreeelonai
recount committee counted the last
ballos IN the second precinct OF the
twelfth ward. The result Was gain OF
one for Belknap. Two Richardson voses
being thrown out. One Beikuap vote
was found defective and WAS thrown
out The tgurss were: Bslknap, 2os;
Richardson. l50; Clute. 10.
On finishing the recount ths atten-
ton of the committee reverted to the
subject of the uncounted ballots which
had been shown by the returns, not
found IN the boxes but afterward re-
turned. and we're still awaiting action.
Chairman BENJAMIN announced that
he would refer the subject 10 John u
Fitz Gerald for . legal opinion. TINS
raised a prosest from the democrats
Mr.. Turner suggested reference TO NJ.
J. smiley and jacob kleinhans- Mr..
Laun.ers wss willing To entrust II to
Mr.. Fltz Gerald and Judge Champlin,
bat recess was taken TO $50, leaving
the matter Of reference open.
ssassmsas Of the Question.
Mr.. Turner offered the following
statement and question, to be sub
united 10 the legal advisers, whoever
they might be:
..ln the township Of Plainfield the
ballots IN the box are eight short OF the
poll list and Of the number OF votes
cast, rs Get forth in the oficiai return,
The count showed eight votes lees for
Mr.. Rlchardson than the return and
tally sheet in sae box showed; and the
tally sheet IN the box showed that eight
straight peoples party votes had been
cast and counted for Mr.. Richardson.
An examination OF the ballots showed
that these ballots were the ones missing
from the box. Two Of the inspectors
Afterwards appeared and filed affda-
Wits and eight ballots"
Question. Shall these eight votes
be counted, or shall Mr.. Richardson DO
credited with eight votes moro than
tho ballots actually found IN the box
snowedy'
OsAes Missing BsIioss.
When the committee again convened
Messrs. Taggsrs and Goss submitted
statement opposng the counting OF the
eIgnt Piainfieid ballots, but lnsisting
that. IN case tho Plainfeld votes were
counted. the two misslng ballots from
Paris, which were also sfterward re-
turned, should also De recounted. Mr..
Tsggart said thsre were also other
missing ballots n other townships
The affidavss submitted several days
sgo by the Pars inspectors were pro-
duced and read by the county clerk.
The affidavit Of Hugo 3. Rathbun,
township clerk, stated that he dlscov-
cred the two ballots the day after the
election; tnas they had been left on :
char during tns count and overlooked
when the ballots were returned 20 the
hex. The AFFIDAVIT of Justice OF the
Peace Horace n. Richards confirmed
Mr.. Rsthbun's statements. Mr.. Tag
CART desired that tns COMMITTEES also
refer 10 its legal al yisers the question
of watcher the committee was legally
entitled TO 60 outside the ballot boxes
10 count any votes, which was practi-
eslly agreed TO.
committeeman Disagree.
After desultory discussion over
MINOR points. including the alleged
SIXTH ward discrepancy, Chairman Ben
ianin announced tbat ne would refer
all the questions 10 Mr.. FitzGerald.
Mr.. LauBiere wanted to know by wha,
authority. Mr.. Benjamin replied. .'As
Chairman of tbs committee, but yon
may employ Judge Chanlplin ~ your
own expense II you want 10. There g
no reel for the county To pay two law
ysrs for q legal opinion. have en-
gagged Mr. Fitzgerald" Nesers. Lan-
mere snd Turner protested on the
ground that the opinions Obtained
saouId be entirely non partisan, but
Str. Emmons believed tnat Nr. flfz-
Gerald wss "a good . man a. could be
spposnted. which OF course decided
tne matter. Tnereupon Mr.. Benjamin
announced that the board Was ad-
i0urned and ~ould go remain until 2
y. m. Nondsy. At wolch time Mr.. Fitx-
gersid's opinion would be submitted.
The usnsi courtesies of she commit
tee we're then exchanged. Mr. Turner
ssid t va an outrage and that the
minority had no decent treatment on
the COMMITTEES. Mr.. Benjamin retorted
that re bad been treated ike dog by
the democrsts and narshly criticised
for dong what. IN hls judgment. vas
rlghs and proper.
Ia Nr. sfsso.raIa-s aanaa
According to the statute the repors
Of tns recount committee must q.
adopted by the csnvasslnx bosrf. 90
that. a. is nov stands, the center OF At.
traction IL transferred TO Mr.. F,tx-
fsersld's private cffce over the
National City bank. where vii he writ
Ten 40 oplnion that snail throw the
Kent county result % B@lxnsp or a.
pirhsrtsnn. II both the Pisinteld and
par. votes IN question sr. coaased, 4.
vii xive Mr.. Richardson net gan of
GU: otherwise NJ. bslknap has gained
$50 IN sh,s county. The conpsefs re.