Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1893-12-06

should be rejected; but on the other hand. if
! the terms employed by him on his ballot.
though not technically accurate, such as
to rsake known his will beyond reasonable
doubt. effect must be given toit.
The case of the state tx rel VS. Metz
ger, the court in rendering an opinion
has the following to say regarding an
irregularity in voting:
Generally, whenever it can be ascertained
what the real will and intention of the voters
are, the election Is valid, however many ir
regularities may intervene. Is Kans page 1896
a long line of decisions sustain tn is
point, but the above will serve to settle
the question in the readers mind. A
clincher to the matter IS found In the
General Statutes, which is entirely ap.
p!icable to the Deerhead case:
In all elections for the choice of any officer
unless it is otherwise expressly provided, til G
person having the highest number of votes for
any Office shall be deemed to have been elected
10 that Office; and whenever it shall satisfac.
torily appear that any person has received the
highest number of votes for any Office, such
person shall receive the certificate of election
Notwithstanding the provisions of law may n lot
have been fully complied with in noticing and
conducting the election, so that the real will of
the people may not be defeated by any infor-
| maity OF any ofiicer.-Sec. 1858 Par %, Page
SCI, G, S. 1889.
Here the case is exactly fitted. Tie
voters Of Deerhead township were Civ
en- no other ballots except colored ones.
In voting them they complied with the
law i'll marking, and their intention
could not possibly be mistaken.
a case is on record in Morton county
| where the Australian system was IRE
pudiated," and the old system used.
The votes were counted and sent in the
returns, and FLANNEL mouthed Judges
were not all populists. Not by any
| means; nor the greater part of them
either, any more than in Barber coun-
ty. We suppose the Cresset thinks the
supreme court is a flannel
| rGanlzation, but We noticed no such le-
marks when it decided the legislative
/ contest last winter.
The statement that p0pulists are
clamoroGs for enforcement of law until
/ it IS contrary 70 their success, is wilful
Misrepresentation, pure and unadulter-
ated. They are now clamoring for the
| enforcement Of a law that is as cid as
the electors franchise, which IS that
the VIII Of the People govern The result
Of an election. That is the essential
principle of franchise. the sole object
i'll making this country a republic. Any
system OF voting is merely universal
method whereby q citizen may exercise
| his franchise and to protect him in per
| forming that function. No technicali-
| ty III that method; such as the color of
payer upon which the ballots are print
! ed, should abridge the suffrage of
| American citizenship. when the choice
is SO clearly expressed, even to the min
ute details and markings. Upon the
back of those ballots was printed "ofIi
| clal ballot'the same as on the white ones
| and from the certified returns it is
shown that all the voters used them
and that there were no others given
them to use
We understand that an action has
been filed by Boyd's attorneys in the
supreme court, but majority of Bar
Der county voters have elected Mr..
Mills to the Office of sheriff, and they
will stand by that choice to the bitter
| end