The Portland daily press., 1893-03-11

SieSnaiH Voto was tfo} anu oAO III
votes as 4S2 (Baxter's vote was 490.) II
will thus be seen that the total ward line
vote was returned as only 70 less than
the total of Ingraham's and Baxter's
votes. Yet IS ballots were found on
which there were no ward line votes.
Here is palpable fraud.
The total vote on the ward lines was
returned as 1925 "yes'' and 1857 ''no." 1t
seems probable that the scheme was to
count in the gerrymander : in Ward 1 as
well as the mayor
Tt was found that of
The Ward Line Votes
in the ballot box there were 4SS Eyes, )"
of which 4S4 had Ingraham's name
crossed, three Baxter's and one True's.
There were IS ''no" votes, of which 50
were for Baxter, 10 for Ingraham, and 6
Luz lfuo. luoIo WCI0 III tiO IVA o1
votes blank as to the ward line matter, of
which IA were Ingraham votes, four for
Baxter, three for True, one for Harper,
1.-THE warden), and two scattering. Har-
per counted himself out as well as the
rest for he did not return his vote.
The mandamus proceedings in the SUI
preme Court were on at O. clock. They
attracted a large crowd Of prominent
people. The lawyers were in attendance.
as on the day before. Mr. Strout opened
the proceedings by addressing the court
as follows:
May 1t please the Court:
The alternative writ in this case was
served upon me as counsel yesterday af-
ternoon. l, with my associates, appeared
in this case originally, as upon strictly
method Of counting majority and how
a majority of the ballots should be OBJ
tanned, about which there might be a
difference of opinion, and it also might
involve the question Of whether blank
ballots should be counted as ballots in
making up the total number.
My own judgment is and always has
been, as was your Honor's yesterday.
that the blank ballot was nothing,
whether votes for anybody or against
anybody and could not be counted at
all.
/ did yesterday, suggest theory based
upon the alteration of the statute, but /
did not, if your Honor will remember,
state my own conviction that they should
be counted for, did not think so. I
also stated yesterday upon the returns
as they appear here on the vote for eoun-
cilmen in Ward that assumed the
sum to be 1907, the amount returned for
councilmen. exclusive Of the "a blank
votes returned at the end, and II still
think that, while there is possibility
from the combinations that may be made
upon that ballot that that figure would
not be accurate, believe in the absence
of any other evidence the opposite can
not be proved by the return itself. /
took pains today for my own satisfaction
to consult. Mr.. Collins, the respondent
here, who is clerk of Ward 3, upon the
facts, and he tells me frankly that he
was in doubt whether the blank ballots
for councilmen should be counted or not
cblu OlbO Ju Lib oIAS5}OoulOA q SPoL w W1o
sent to an eminent lawyer in this city
and asked whether they should be counted
and the reply Of that lawyer was that
they should be counted in making up the
total number of ballots. That ruling
upon that opinion he did count the "a
blank ballots and that they are in fact a
part of 1907 ballotr. If these are sub
from total number of the re-
turns as think they should be, and as
/ understand your honor, and as be-
lieye is lazy, it would
Leave Messrs. Lefavor and Kent Major
of the ballots for that Office on the first
election date.
Under that state of facts I advised the
parties whom represent, the two can
didates declared elected upon the eighth,
Mr.. Hicks and Mr.. Howe, and my as
sociate counsel who concur with me in
it that upon that state of facts Mr.. Kent
and the other gentleman were duly cleo
ted and were entitled to their seat.
In accordance with my sug-
gestion and assent of my associate
counsel, the clerk has issued certificates
of election to the two gentlemen, Mr..
Kent and Mr.. Lefavor and move then
two certificates as required by the alter
native writ of mandamus to the counsel
instead of hunting up the parties to be
delivered to them also have state
ment signed by Mr.. Hicks and Mr.. Howe,
high toned gentlemen who would dis
dain to hold place of this sort if they
felt there was doubt about it or if they
were illegally elected. in which they say
they have returned their certificates, and
1 believe my brother Drummond has the
papers, and that they will not attempt to
sit and that they consent, so far as they
are able to do it, to the issuing of the
certificates to the parties elected, Mr..
Kent and Mr.. Lefavor.
Now that is all the connection I have
had with the election matters in Port
land. 1t was legal question, OF two
legal questions, about both of which
there might be doubt, and about both
of which the members of the bar differ
more or less in their opinions, and which
were presented to the court with view
to have it settled for the time and for the
future.
So far as Mr.. Collins is concerned, and
presume the warden. whom I don't