Omaha daily bee., 1896-11-14
MAKES QUITE A DIFFERENCE
Will Contest the Vote in Pottawattamie
County.
TWO DEFEATED CANDIDATES OBJECT
Claims BASED on the Alleged Incor-
rect Marking OF the Rcpub-
licnn ballots on which Two
voters Made Mistakes.
Wo DEFEATED CANDIDATES OBJECT

There seems to be no end to the tumble
in the returns from Council Bluffs ard
Pottawattamic county. After several mis-
takes In the count and the omitting Of the
returns from Nurwalk township comes the
serving Of a notice Of contest by j. II. Lewis
and G.. A. Haynes. the two defeated demo-
cratic candidates for justice Of the peace.
Lewis is after Ovide Vien's seat and Haynes
wants to step into II. o. Cooks judicial
shoes.
The claims of the contestants are based
on the alleged incorrect marking of the
republican ballots on which the voters
marked the square opposite the name of
S. r. Walker, the Independent candidate
for justice. The presumption is that these
votes were all cast by republicans ard
were voted straight except where the name
of s. r. Walker was marked. In this way
they claim the entire vote on the three
justices was lost If counted for Wen and
Cook The case is based on the decision
OF the supreme court of the state on the
MarshalltOwn contest.
To substantiate their claims Lewis and
Haynes must show that the votes received
by Walker were on straight republican bal
lots and that the voter simply made a
cross in the square opposite the head of the
and crossed at Walkers name. This, the
Marshalltown decision holds, leaves the
other two votes on justice in doubt and
no one but the voter has the right to decide
to whom they shall be given. In such a
ballot the presumption is that the voter
has cast a vote for four justice when he
is entitled to vote for but three. Walker
received 276 votes and If these are thrown
out and are of the kind presumed in the
petition, it will elect Lewis and Haynes.
Since the election numerous charges OF
| Irregularities have been made. One Of the
latest made is against the returns from
| the First precinct of the Sixth ward. 1t
| Is charged that the judges of election all
| left the polling place to get something Ia
| eat and during their absence left the ballot
boxes in possession of the clerks and chal-
| lengers. They kept right on receiving bal,
lots. II this can be substantiated the vote
OF the precinct will be thrown out.
MAKES QUITE a DIFFERENCE.
The announcement that the vote of Nor
| walk township had been thrown out caused
| a decided sensation yesterday among the
| betting fraternity. This, 1t is claimed, gave
| Hager a majority of 252O in the district.
| Most OF the betting was on the congressional
| majority and several thousand dollars was
/ laid against Hagor getting $500 more votes
| than Genung. one Of the bettcrs interested
| in the count made an effort to verify the re
| turns from the nine counties yesterday
| morning by telephoning and telegraphing TO
| all the county seats. The figures he re-
! ceived reduce Hagers majority considerably
| below what 1t was first given out as He
| said that his figures gave Hager but . $50
| ahead OF Genung. There Is considerable
| anguish In the breasts OF some OF the men
| who settled on the first returns and all bets
| are now being held until the official canvass
is made at Des Moines by the executive
council. This will be done some time next
| week