The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-07-24
VAN DE VANTER WINS
Supreme Court Confirms His
Election as Sheriff.
FRANKLIN VOTE ADMITTED.
The Court IN n Unanimous Decision
Sweeps Aside Other Points ana
Allows Unsfamped Ballots.

The unanimous decision OF the supreme
court in the Iong-drawn-out contest fol
the shrieyafty OF King county by ". II
Meyer against A. T. Van de Nanter wa
rendered yesterday, and confirms the de
cssion OF Judge Langley declaring Van IL
yanfer elected. II not only settles ths
King county contest, but decides some i'm
portant questions under the election law
which have not been brought M in mis-
state before. TIE principal point the SUI
prems court deals with is the effect o. shs
irregularities az Franklin on the validity
OF the vote. The court declares that the
omission 10 stamp the ballots before hand
ing them to the voters rs not sufficient "a
disfranchise the whole precinct when there
is no talnt OF fraud and declares that the
provisions of the law must yield 10 those
OF the constitution ensurtng every quail
fed voter the right 20 vote ana nave ms
vote counted.
The decision In full Is as follows:
statement of the Case.
The parties hereto were rival candi-
dres at the last general election for the
Office OF sheriff OF King county. The eonn-
~ eanvasssng board found that respond
ent was entitled TO the Office and declared
him elected thereto. whereupon certlii-
cate Of election was issued 10 him. With
fin a few days thereafter appellant He'd
statement Of contest alleging matters 70
show that he had received the greatest
number OF legal votes and was entitled TO
the Office. Issue was taken by the re-
epondent upon certain Of the material
matters alleged and trial was had which
resulted IN favor OF the respondent and
this appeal was taken therefrom.
~ number of findings Of fact were made
by the lower court. which, with certain
conclusions of law based thereon, were
duly reduced 10 writing and made part
OF the case. Whereupon appellant except
ed as follows: TO these findings OF fact
and conclusions OF law and TO each OF
them the contestant excerpts An ob1c2-
ton was made by the respondent 10 a con-
ederation OF any of the evidence intro
duced or errors alleged with reference
thereto on the ground that no sufncient
exception was taken to any fact found ~
the lower court, and under repeated noi4-
tnxs OF this court heretofore this obJec-
ton must be sustained. AS a consequence
thereof the case presented upon appeal Is
much abbreviated. many of the questions
sought TO be raised by the appellant are
eliminated, and the only question left for
our consideration Is whether the facts
20 found by the lower court are anlago
nistic TO the conclusions OF law and jung
ment Appellants main contention In this
respect Is based upon the seventh hhaihs'
which is as follows:
The Franklin Vote.
ct find that in Franklin precinct there
were 1874 woes cast and counted for Aaron
r. Van do Vanter. the defendant and con-
testee. and IL votes for William H. Meyer.
the plaintiff and contestant. for said office
OF sheriff, which said votes entered into
and formed a part Of the total legal votes
herelnbefore found by me 10 be east for
each OF the said contestant and contestee.
to-wit. on the part of Van de Nanter. en-
tered into and made part or the f,SsO
votes so counted. on the part OF Meyer,
entered into and became a part OF the
ARB so counted for him. l further find
that the election officers OF Franklin
precinct failed TO place upon any or said
ballots the initials of the inspector or any
Judge thereof before said ballot was de-
posted in the ballot box. And l further
ind that a blank ballot was given 10
each and every elector without either the
Official stamp or the initials of an election
officer thereon: that said elector took SAID
ballot and the same was marked by said
elector and returned by him to the cleo
ton officers when In the presence or the
elecfor. the inspector of said election
placed upon said ballot the official stamp
furnished for that purpose by the county
auditor in pursuance OF Law. after which
within the ballot box wherein II was kept
until at the time or the counting by the
election officers and at the close OF the
polls all OF the ballots Of said precinct
we're counted and returned In a sealed box
by special messenger to the county audi
tor in the manner directed by law. | sur
Their find from the evidence and stipula-
tsons in this case that the ballots voted
ny the electors in each and every instance
were placed I'm the said box and that he
said ballots had been safely kept and were
produced into this court as an original
exhibit az evidence of the said recount 7
further find that the election officers Of
Franklin precinct we're IN close and
watchful Attendance at TIE polls and Of
abe ballot box and ballots during the en-
tire election that no ballots were used
except those received from the election
Judges or taken under their direction. that
the election was held i'm an orderly man
ner: that the votes were counted and re-
turned 20 the county auditor as required
ny law. and that the vote 50 returned
were the votes actually cast at Franklin
precinct AZ said election.
l. the Defect Fatal.
The important question 10 he deter
mined IS whether the vote cast IN this pre-
enct could Ne counted the initials OF no
one az the election officers having been
written on any OF the ballots. The law
provides that there shall be printed on
The hack Of the ballots with the rubber or
other stamp provided for that purpose the
designat ION official ballot the name or
number 81 the election precinct. the name
90 the county. the date or the election
the name and Official designation OF the
clerk who furnishes the tickets to the
Judges az election ana that the insre-.or
or one OF the Judges shall also write his
initials thereon. Sections $50 and $50 gen
eTai statutes The ballots bore the proper
stamp and the fact that Il vas no;
placed thereon before they were delivered
to the electors but was done when thsv
we're returned to be deposited IN the ballot
box, but WAS an irreguiarity which could
rot vitlete them In the absence OF any
fraud. Section so is as follows. In the
canvass OF the Votes. any ballot which
IA not Endorsed. as provided IN this chan
ter, hv the Official stamp ani initials shall
se void. and shall not ~ counted. and any
ballot or parts 81 halo, from which
4 Is Impossible 20 determine the electors
choice. shall Ne void and shall rot -
oouutei provided thar Whom n ballot Sc
Sufficiently plain 20 gather thcrefron "a
part ~ the voters intention Il shall LOO
tho duty 90 the Judges q election % count
such part
'If the language 81 iris >tion can ne
given i's fuu fore. All tho ballots caS.
IN this prN>inct were rendered void hv the
failure ~ The election of7csrs % rorr,r,l,.
Herewith IN no, having enc ~ their D.,r,-
her write his initials thereon. ard tbe 81.
feet - j; woait De 20 dlSfranchfSe an
voters So that precinct tcr that eIN,tton
TIE constitution. section :. article v. oro-
ViaNs that Al male persons ~ the ae-e ~
- wears o. ever. posse siug certain oueit-
ncaionS S7seciHed. shall Pc entitled 20 vote
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