The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-01-10

tNeml Inc BOARD ~ not ned TO the
strict letter of the statute, butshould do
what Is right and honest, He cited q
case where ballots were counted after
thirty days, and for the reason that
otherwise dishonest election officials
could defeat the will Of tho people,
Mr., Russell replying, claimed no au,
thorlty could be found in the West
Virginia statutes for counting the bal
lots in question, Nothing, he said,
could he done lawfully, excepting what
the statute provided for, and Mr., Hub
bard had shown no authority for count-
ing the ballots, Concluding he said;
"You have no authority to count these
bRllots.n
Mr., Kindlobergsr moved that the
fifteen ballots in Union No, ! be opened
and counted, The motion prevailed on
q strict party vote, to 4, and the bal
lots wcre brought out by the clerk,
Messrs, Beans and Behmer werO &C..
lectOd us tally clerks in the count Of tho
ballots.
The result OF the recount Of the yotes
OF this precinct showed nine straight
Republican votes, four atralght Demo-
crat and one straight Prohlbitionist,
The only controversy was on tho second
ballot, which was simply scratched at
the top, II was counted. There was d
similar Republican ballot,
After the recount tho ballots were
again sealed up.
1t was moved that an entry be made
showing the result OF the recount Car
ried. Objected to by Mr.. Russell.
Mr.. Hubbard sald there were some
similar ballots in precinct No, Of
Washington district. Tho board 70.
solved to take these ballots up and in
vostigate, Mr.. Russell objected.
The counting oil the votes in Union
left Smith only
TWO VOTES BEHIND o'KAEE.
The Washington batch brought out a
controversy on the second ballot. The
Democratic ticket was scratched and
the others unscratched, except there
were names scratched on tho Repub-
lican ticket.
Tho motion to count the ballot orthe
legislative ticket was lost,
the vote being s to 8, Mr.. Dobbinsv ot-
ing in the negative. Mr. Hubbard ex-
cepted for Mr.. Smith. Mr.. Russell also
objected.
SMITH AHEAD.
Precinct number 8 was next taken up,
Mr.. Russell excepting. There were ten
ballots which the election officers con.
sidered illegal. The irst was Democrat
tic except Smith and Rawlings on the
legislative ticket were voted
for A ticket scratched by pencil COIN
ted for the Republican candidates.
Tho count showed Smith four votes,
0'Kane none Mr.. Russell excepted.
This put Smith three votes ahead Of
0'Kane.
Mr.. McGregor moved that certificates
be issued by the board to the candidates
for house OF delegates.
DR.. Bates desired to enter his protest
OF the power assumed by tho board in
giving the certificates.
Mr.. Russell asked before any final &c.
ton was taken that the board enter and
sign bills OF exception.
Mr.. Hubbard said that was no reason
for delaying the certificates.
Mr.. Russell wanted tho board to look
over the proceedings made in court re-
garding the recount.
Mr., Hubbard said the orders of court
were made at the instance OF Mr.. Smith,
who is here and makes no objection to
the action Of the board. The order Of
prohibition was not directed to the
board, but to Judge John A. Campbell,
Of the circuit court. There was never
enacted in the court Of ap-
peals to prevent the board from acting.
Mr.. Russell said there were numbers
OF other uncounted ballots, and that no
could be issued until oil we're
counted.
Mr.. Hubbard said no one hal asked
for a recount Of the alleged other bal
lots.
Messrs. Russell and Bates asked that
tho writs OF mandamus from the circuit
court be read. They were accordingly
read by the clerk.
Mr.. McGregor then offered the fol.
lowing resolution;
Resolved, That the board OF canvassers
Of the county OF Ohio, West Virginia,
having impartially and carefully exam
ined the returns OF the election held in
said county in each district thereof on
the eighth day of November, 1902, do
certify that in said county for tho Office
Of delegates from the county OF Ohio
the following was the result: O.W.
Brockuntcr, 1925; !. W. lmhoG, 5,92l;
]. 3. Wilson, 5,247; NJ. ]. 0'Kane, 5,l72;
I, j. Cartwright, 100; ]. NJ. bowler,
l47; Joseph McCutchen, 146; Matthew
14O;S. G. Smith, 5,l75; G. M.
5,l27; @, ]. Rawling, b,la7;
Alex McCulloch, 5,1l3. And that sep.
arate certificates made In accordance
with the above be issued to parties on
titled to them.
The resolution prevailed on q party
vote.
Dr.. Batcs then presented tho follow.
ing resolution:
"ttsolred, That tho record shows that
ns the fact is u number Of ballots which
were passed duringu former portion OF
the rocountf for members of the legisla.
turo because similar to those mentioned
in the mNndamus proceedings have not
since been counted"
When the resolution wont TO q vote
1t was defeated by q vote oB0 to 4.
Mr.. McGregor moved that when I'D.
journed o recess DO takoE until Friday
at $3.50 o'clock,
The certificates certifying to tho cleo
ton Of Mcssrs. Brockunier Wilson,
Smith and ImholF were drawn up and
signed, Mr.. Smith taking his with hlni.
The board then adjourned.
The action OF tho board OF canvassora
in giving Mr.. Smith thocprtlAcate to his
.eat in tho legislature 10 which he WINS
fairly elected, Is regarded as an not Of
lnstiue by inir minded people.