The record-union., 1893-10-04
WARRING RECLAIMERS.
More Dissension Down in Reclamation
District 535.
Contest Over the Recent Election O.
Trustees-A Claim That Illegal
Votes Were Cast.

There appears to be anything but har-
mony among the landowners in Re-
clamation District No. 535, embracing the
lands lying between this city and Free
port. There was an election for Trustees
recently held there, and James McNasser,
j. II. Hite and John Cox were declared
by the Election Board as duly elected.
But a contest was filed by certain land
owners against such declaration, on the
ground that many illegal votes were cast
at the election. Under the law each land
owner is entitled to three votes for each
dollar of taxable property assessed 10
him in the district, and the number OF
votes to which he is entitled is governed
by the county assessment roll.
The contest over the election of Trus-
tees was taken up by the Supervisors al
their afternoon session yesterday. A re-
port was read from the officers of election
in the district, to the effect that in the ab-
sence of one of the Judges of Election T.
B. I,ovdal was selected to fill the vacancy
at the recent election for Trustees, and
that the ballots cast were as follows: Cox
4S4. .O6s. Hite 496, ,636, McNasser 465, ,543
and T. r. Edwards 456, 40. The report
announced that McNasser, Cox and Hite
were duly elected.
Supervisor Miller moved that the re-
port be adopted.
Alvin J. Bruner, representing some of
the landowners of the district, asked that
the Supervisors themselves canvass the
ballots cast at the election. He had filed
protest against the election of Mr.. Hite.
1t is claimed that illegal ballots were cast
that is, that some voters cast more bal
lots than they were entitled to. There
were many errors that should be cor
rected He believed that canvass of the
ballots would show that q. B. Edwards
was elected, instead of Mr.. Hite, which
would make an entirely different board.
Albert NJ. Johnson, counsel for the
other side objected TO the Supervisors
assuming the right TO canvass the ballots,
holding that it had not jurisdiction in the
case. If there is any issue at all, he ar
gued, it was one that must be settled in
the courts.
Mr.. Bruuer said the report OF the Board
of Election showed that certificates of
election had been issued to MeSsrs. Nc
Nasser, Hite and Cox, and he held that
it was entirely within the province of the
Board of Supervisors to refuse to adopt
the report. The Supervisors have the
power to canvass the election returns,
aud if either side be not satisfied with the
result, then the issue can be taken into
court for further adjudication.
Mr.. Johnson contended that the case
would certainly go into court, and that it
would be idle for the Supervisors to give
valuable time to hearing a contest of the
kind referred to. He held that in can
vassing election returns Supervisors have
no right to go behind the returns and
count the ballots, but to declare the result
according to the returns.
Mr.. Bruner insisted that the Super
visOrs had the power to count the ballots,
and asked that it be done.
Supervisor Curtis said he was in favor
of the board counting the ballots, and
made motion to that effect.
Chairman Morrison said he would like
/ to hear from the District Attorney on the
subject, and that official was sent for.
! Mr. Ryan being busy in court, it was
| decided to let the matter lie over without
action until the District Attorneys opin-
ion can be obtained on the subject. On
! Mr.. Curtis motion, 10 O'Clock on Friday
next was fixed as the time for taking
action in the matter.
The contestants claim that revision
of the ballots will show the following
condition of affairs:
That o. A. Lovdal was entitled to S., 200
votes. and that he cast 95, 200.
That II. w. Hardness was entitled to
"a. 600. and cast 81, 900.
That T. J. Reynolds was entitled to
9.3IS, and cast 23,0lS.
That Mr.. Cox, who voted 27,9OO for A.
Mouton, did SO without a sufficient
proxy.