St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-17

Wagner Alleges That 900 Votes
Cast for Him Were Counted for
Horst-Holman, Banholzer and
Maiady Contest Against Lewis,
arosin and Heardon-This Is
Independent OF the Charter.
John Wagner, the Democratic city
treasurer-elect, has appealed to the
| district court from the acton of the as
Sembly and board of aldermen in count
ing him out of Office and declaring
| Charles l.. Horst elected to that office.
| He has had his notice OF contest served
| and filed in the office of the clerk of the
district court. Notices of contest are
| also in preparation in the cases of .. +.
Holman. William Banholzer and James
Melady, who claim to have been elected
as asSemblymep. The legal papers
have been drawn by James G. Michael
| and B. Ii. Schriber, who are attorneys
for the coDtesting men. The papers in
the Wagener-Horst contest were filed
late last evening after being served upon
Mr.. Horst. The papers in the other
cases will probably be filed
today. The petition for re-
count of the ballots and the
affidavit III the Wagener-Horst contest
or appeal are voluminous. 1t is stated
in substance that the action of the COM
mon council Oh the evening of May 10
in declaring Mr.. Horst elected as city
treasurer is not in accordance with the
al nd ko1lftipu In rit =
are charged in the First, Second,
Third. Fourth, Fifth, Sixth, Eighth.
Tenth and Eleventh wards. There Is
no claim of irregularity made as TO the
Seventh or Ninth wards. The petition
asserts that in the wards first named
there were at least LOCO votes which
were east for MI Wagner for city
treasurer which, owing TO inadver:e nee
or mistake of the judges of election,
were not counted and returned for MIR.
WAGNER. Another claim is made that
at least the number OF votes named
were cast for Mr.. Wagner and counted
for Mr.. Horst. A third claim is that
there were at least 1000 votes in blank
that were counted for Mr.. Horst which
of the candidates for city treasurer.
There are also charges made as to iile-
gal voting.
1t was stated by one of the attorneys
for the contestants that about the same
claims will be made as to the facts in
the cases of Messrs. Holman, Banholzer
and Melady, who will contest the seats
OF Messrs. Arosln. Reardon and Lewis.
These contests in the case of the assem-
bly, will be commenced to preserve the
right of Messrs. Holman. Banholzer
and Melady in case it shall be deemed
eXpedient to push that matter. This
will. however, not interfere with plans
in contemplation 10 secure decision
by competent tribunal on the ques-
ton of the residence of the candidates
for the assembly and intended to upset
the constitutional limitation opinions
of Zoliman and company. The attor-
neys having the charter construction
quiOble in charge have unbounded
faith in their success as to upsetting
the unwarrantcd action of the common
council in declaring the nine men hav-
ing the highest vote for assembly to be
elected irrespective of the charter pre-
Vision as TO residence, and for this rea-
son will not push the contest matter as
to the assembly further than to take
precautionary steps so that the matter
may be pushed i'll case OF delay in get
ting the other matter through the
courts.