The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-07
BURKE wins BY ONE VOTE
COurcilmaDic Contest in Third Nard
Of Olyphant Borough Decided.
COURT RECOUNTED BALLOT
Attorneys for James J. Flynn. Who Has
Held the Seat Two Years viii File Ex-
ccptiOns TOdny-Twcnty.Fivc Per
Cent. OF tho Vote Cast Illegal.

| BY Il recount of the vote. made yes
terday In chambers before Judge Arch
bald, the counCilnanic contest i'm the
( Third ward of the borough of Oyphant.
Is decided in favor of Edward j. Burke.
the contestant. who wins by one vote.
James j. Flynn. the respondent, was
elected by two votes on the face Of the
returns. The term is for three years.
and Flynn has served almost two-thirds
of it: the third year will begin on the
first Monday of March.
The returns showed that Flynn re-
csived 80 votes and Burke G3. Imme-
diately contest was instituted by At
torney &. {. Donovan and Joseph
pBrien. representing the defeated can
diiatc. Major Everett Warren. G. u.
OMalley and Robert j. Murray We're
engaged by the respondent as his at
torneys.
In the bill of particulars filed the
petitioner alleged that all who voted for
Flynn. had no right to vote. The ale
cation was not specifically set forth in
that manner hut that was the sub
stance of it. The names of every voter
who was presumed to have cast his
ballot for FLYNN was put down among
the list of illegal voters. The answer
of the defendant set forth that all who
voted for Burke were illegal voters;
that is, the names of all who it was sup
posed voted for him We're thus charac-
teriZed.
Commissioners at Work.
The court appointed as commissioners
To take testimony Attorneys John +.
Murphy and David j. Davis and after
many hearings the report was filed
and II was found that twentyfOur of
the votes We're Illegal. The report OF
the commissioners was faVora Bile to the
respondent, for among the list of those
found to be not entitled to vote both
candidates We're evenly represented. and
as Flynn was two ahead of Burke on
the face of the returns.
The petitioners attorneys. Messrs.
Donovan and O'Brien, believed that
recount of the vote would disclose
state of affairs favorable to their client.
and Judge Archibald granted the prayer.
The recount showed that each candi-
date received 66 votes. There were l31
votes cast in the ward. The election
boards found only 63 for Burke and 65
for Flynn The illegal votes cast We're
found to be II for Flynn and II for
Burke. which makes the latter the win
ner by the very narrow margin OF one
vote.
Those who voted for Flynn and did
not possess the qualifications necessary
were: VIM. McHale. Thomas McHale.
1st, Thomas McHale. I'd. Patrick Ma
hady, Thomas Messitt, James COnners.
Michael Spiller. George lyman Andrew
DignO, Michael I<aZmOwczk, Peter 70
peck and Steven Stosch.
Those who voted for Burke and whose
ballots were thrown out are: Thomas
Sanderson. Robert Telford. VIM. Pier
son. Henry Shelter. Joseph jackson,
james Stead Reese Jones. Patrick
Walsh, Peter Reap. Evan owens anu
William Robinson.
Thirty-Scvcuth Was Illegal.
The man who was the thirty seventh
to vote as he was marked on the tally
list was found to be an illegal voter
but when the box was opened yesterday
there was no No. 81 to be found: there
were two numbered No. 80. but 1t was
impossible to tell which ought to be
No 81. Anthony McHale was the man
who voted No. 81 and he was found to be
an illegal voter. but as the other NO. 36
was q legal vote the matter had TO
stand without remedy. This evidently
gave Flynn q vote which he would not
have if the ballots were numbered cor
rectly. McHale voted for Flynn.
In going over the count Christopher
Burbeck, it was discovered. voted for
both Flynn and Burke his vote was not
counted for either The attorneys for
the respondent propose to file an eXcep-
ton to this disposition of Rurbeck's
vote. alleging that it can be easily dis
oerned from the manner i'm which the
ballot is marked that the man intended
to vote for Flynn.
If the court should sustain this ex
ception 1t will make the vote a tie and i'm
that case whether or not Flynn would
he better benefited Is a question to be
decided when the case arises. Flynn
has occupied the seat since March.
1894 The exceptions will come up to-
day and will be disposed of without
delay so as to let Burke into his seat
at once if the court should Overrule the
objections.
A study from this contest shows that
twenty-five per cent. of the votes cast
in the Third ward of Olyphant borough
was illegal. that the voters did not pos
sess the necessary qualifications. The
bar in majority of the discarded
votes was the nOn-payment of poll
tax If the illegality of votes In the
entire county We're based upon the re-
turns from the Third ward of Olyphant
as criterion there would be 1000 lille !
gal votes cast every fall election.