The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-11-18

house % eauvasse6 and passed upon 6rst-
This was, Of course IN iasimation that .
contest was probable The Everett aftor-
neys. Messrs. Delaney. Church. Brosnsl
and Sullivan, strongly opposed this
move. The beard held that they could
not serregste the vote. A. this
point the Snohomish attorneys gave
notice that they would oppose any and
all attempts 70 canvass the county seas
vote on the grounds OF fraud and open
illegal voting az Everett In support OF
these charges the affidavit OF County
Treasurer c. L Lawry Was read. The
Snohomish attorneys were about 70 pre-
sent other afficavi,s on the same score
when the question vas raised a. 20 the
competency of the canvassing board to
entertain charges OF this kind. To enable
the attorneys 20 produce authorities on
this subject . recess WAS taken unsh 1
p m
At the calling Of the afternoon session
Judge DELANEY moved that the auditor be
ordered TO produce the county election re-
turns. This was done, and Auditor
SwerdEger demurred. But as the rest OF
ths board consented. the returns were
brought and checked of. The Snohomish
attorneys objected to the counting OF the
votes upon the county seat upon the
grounds above cited. and q lengthy debate
followed. Judge Sapp opened for
Snohomish, taking the position that &C
cording to article IL. section Of the state
constitution, the county canvassing board
is not compelled to canvass returns which
are known to be fraudulent, as thereby ii
made itself . party to the crime. Decisions
- hA ~ tat I'd NJ
Kansas were cited. He charged the board
upon the ground of honesty and fairness
10 refuse TO count the county seat returns.
II the canvass is made and the returns
determined, the question is settled.
Whereas, if the board refuses to SO canvass
Everett's counsel has recourse to the
courts by application for mandamus.
through which the board might be COM
PEELED to canvass.
Judge Delaney spoke for Everett. He
did not care to discuss the matter of Ever
ett's fraudulent votes, but denied that the
number reached CO. He averred that the
document filed by Mr.. LAwry was false
and claimed that the board had no right TO
refuse to canvass the votes Of any precinct.
The ticket. he said. could not be segre-
gated. but must be counted as a whole.
s. II. Piles replied to Judge Delaney,
showing that If one precinct cast illega!
votes, all the returns in that precinct are
liable by law. and of right ought to be
thrown out He averred with much force
that tbs 600 fraudulent votes ought not TO
be canvassed, claiming that afliaavits had
been prepared and sworn to that in many
precincts of Everett and vicinity more
votes had been cast than there were in
havltants, including men, women and
children. The precincts of Boulder and
Basin, upon order of q majority of the
board. were presented and canvassed.
Auditor Swerdfiger refusing to participate
in the count OF the vote upon the county
seat question because of fraud known to
the board, after which he refused to deliver
returns of other precincts. But on the
condition that the votes on the county and
state officers alone be canvassed. he
offered and was willing to do SO.
Upon this refusal Judge Delaney, As at
torney for Treasurer-elect w. w. Mish,
made a formal demand for the returns,
and application for mandamus will be
made to the conrt. The canvassing board
then took recess.