Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1893-12-23
THE COMMISSIONER CONTEST.
The Case Complicated One, and the
Outcome in Doubt.

THE COMMISSIONERS CONTEST.
The Case Complicated One, and tn
Outcome in Doubt.
The action contesting the election o
5. N. Fitch, as county commissions
from the second commissioner distric;
brought in the name Of Oliver Fishes
and in behalf Of d. Carrigan, democratic
candidate for the Office, came on fol
hearing before Referee Z. l.. Grantham
Friday morning Of last week, and con
tinued until the evening Of the follow
ing day. That the matter was one o.
general interest, was evident from the
large number Of spectators present at
the hearing, and their close attention
during its progress. G. l.. Wood, Of Ra
pid, and b. K. Wood, Of Custer. appear.
ed for the plaintiff, and Mr.. Fitch was
represented by W. II. Mitchell and
Chas. +. Smith, both attorneys Of this
city. To establish the ground for a con.
test, and the right Of the plaintiff to a
recount, 3. K. Wood was called to the
witness stand, and testified that he wit
Messed the canvass Of the vote of Custer
precinct, made by the election board, at
the close Of the polls on election day
and that to his actual knowledge, two
ballots marked with an Y opposite the
names Of s. n. Fitch and d. F. Shope,
republican and Independent nominees
for commissioner, had been counted and
recorded as votes cast for each nominee
while in accordance with the law, they
should not have been counted FOR either.
To corroborate the testimony of this
witness, the box containing the vote OF
this precinct was called for. The ballot
box was brought into court b. Auditor
Wood, and in obedience 10 the referees
order it was opened by him, though
under protest, Mr. Wood expressing the
conviction that he had no right to do
so. The contents Of the ballot box were
carefully inspected, and two ballots,
marked as sworn to by the witness, b.
K. Wood, were found. There was also
found in the box one red, or sample
ballot, the voter Of which bad desig-
mated d. Carrigan as his choice for com.
missioner. This ballot had not been
counted by the election board when the
returns were made. The plaintiff had
made the further allegation that in
Mayo precinct, ten red or unofficial
ballots had been voted, and that contra
ry to law they bad been counted and
made part OF the returns by the elec-
ton board. Ihe Mayo ballot box Was
then called for, and upon being brought
into court and opened, the ten coIored
ballots were found. On eight Of them
,. y. Fitch was the choice Ior cOmnIs
sloner, and on the other two, ID. Carri-
gan had been voted Tor.
The case made out by the defense is
somewha unique, and by many persons
Is thought 10 be very strong one. 1t
was maintained, that before the plaint-
III Was entitled 10 a recount, 1t must be
stlo Ra. .c41Aeul=lYelY that 1rOm tue Time
election board until they were brought
into court, they were IN the possession
ot only those persons authorized by law
10 have charge ot them, aud that no op-
portuuity to tamper with their contents
had been afforded anyone. In support
OF his proposition the attorneys tor the
defense called attention to certain paral-
lei cases which are matter OF record,
and in " hich the courts had so ruled.
| they then proceeded 10 show that in
stead OF delivering the ballot boxes TO
| the chairman Of the board of commits
siouers, as the law says must be done,
! they we're delivered to the county au-
ditor, and that they remained IN his
possession until after the official canvass.
| Uther evidence was introduced WINE
tended To show that the Custer box had
/ been opened after the election board
had locked 1t, and prior TO the date OF
the official canvass. VI. A. Willis and
/ Clemens hieemauu were called TO the
witness stand, and testified that while
the count by the election board was IN
/ progress they had noticed one ballot on
whIch the names of ID. Carrlgau and ID
| r. Shope had been marked. Mr.. Willis
/ was one of the CLERKS of the board, and
Mr.. kleemann was present while the
count was being made As no ballot
/ SO marked, WIS found Ut the time Of tht
! recount before the referee, this eyi
dence tended 10 strengthen the pre-
slnption that the returns had beer
tampered with.
The above is the substance of the evi
dence introduced and that it makes the
case sadly complicated one, will be
quite apparent to the reader. Referee
| Granlham submitted his report to Judge
! Gardner the first Of this week, and IL i
/ believed that his decision will be rend
cred sometime between now and thu
| irst OF January. In the meantime, con
lectures and predictions innumerabl'
are being INDUCED in, and in some in
stances the opinions do not index th'
sympathies of those who express them
There are one or two conclusions whicl
may be reasonably arrived at from tn
evidence. One OF them is that the cour
will hold that the two voters in Custe
precinct who desired to vote for two o
the three candidates for commissioner
will loose their votes. as tar as that otfic
is concerned. Another is, that the tel
red ballots in Mayo precinct. and th'
one in Custer precinct, will be counted
and allowed TO figure in the result. II
these instances the intentions of tn,
voters were plain enough, and to dis
franchise them. because of an error oI
the part of the judges of election, woul'
hardly be equitable. Granting tina
these conclusions are correct, aud tha
the parties bringing the contest wer
entitled 10 a recount, il would be clea
that Mr.. Carrigan is elected commission
er by plurality of two over Mr.. Fitch
But il is right here at this last poin
that the defense figures most conspicu
ously. If. rs the attorneys for the de
fense emphatically assert, the plainti
must show that the ballot boxes have q
all times since the election been in tn
possession of the proper persons, an
that no one has had sn opportunity I
alter the returns. and If the plaintiff ha
failed to make this showing. then tn
report Of the official canvassing boar
must stand, and Mr.. Fitch is commits
sioner. To saw the least, the result q
the contest is in doubt, and the natur
! of the decision of the court cannot
anticipated with any degree Of certaint
| bv any one who has not wide an
| or,nrahapsiva knOwladva of the law