Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-11-19
GETS THE CERTIFICATE
The County Canvassing Board
Declares e. M. Sanford
Elected.
Precincts of Montpelier and
Pingree Counted
As Returned.

Lawyers Present Arguments
Affidavit Of Pingree Elec-
ton Officials.
After E. II. Sanford concluded his
argument before the osnvassipg board
Thursday afternoon, Attorney Ellsworth
addressed The board on behalf Of B. ".
Fuller. He agreed With Mr.. Sanford
that il tho returns from Montpelier and
Pingree were merely detective from
some intormslity, that it would be the
duty Of the canvsssing board to count
them. Their contention was that there
we're no legal returns from those two
precincts. The failure OF these officers
to attach their signatures was not mere
]y an lnformality, 1t was fatal defect.
A vote was not valid unless it was signed.
he said. A mortgage might be fully
drawn out in the same manner that
these purported returns we're made out
but il q mortgage was not signed 1t was
not valid. and the same was true of these
returns. The presumption il just ss
strong that these officers we're not will
ing and refused to sign these returns, 40
that they failed to do 60. Suppose that
these precinct boards had sent in these
returns showing that 600 votes had been
cast for Mr.. Sanford, but had as in this
case not certified to that result, would it
be your duty to accept that 90 return
and count these votes for him said Mr..
Ellsworth. II they did not sign such .
return. they.would not be legally liable,
although they had sworn that they
would do their duty.
States Attorney Conklin gave an ofici-
q opinion to the canvassing board, %
to their duty IN the matter under dis
Dute. A number Of decisions had
been cited by the attorneys interested
showing what the courts Of other states
had held was the duty Of canvassing
boards IN similar cases. But We did not
hsve tho Laws hero ou which they acted,
and we had no knowledge OF whether
their statutes were the same % those Of
North Dakota. This board was to be
governed only BY our own law. That
stated that no returns was to be rejected
because Of informslity. The board must
decide whether these documents were
actually ''returns" from these precinots
such az they purported to be. II the
board decided that these we're not aetu.
ally "returns," then the duty Of the
board was to adjourn until the fifteenth
day after the election, because our
statute says the board cannot act before
that time unless sll tho returns are in.
Attorney Baldwin again argued that
these we're not returns, but that it was
the duty Of the board to 60 on and COM
plete the canvass without waiting till
the end of the fifteen days. If you re-
fuse to count those votes the effect will
be to seat b. W. Fuller az senator, he
said, and if Mr.. Sanford has been
wronRed he can get an order from the
court to compel the board to reconvene
and count these precincts. or he can 60
before the legislature and secure his
rights in the matter. II the board de-
eide against him and he is right q
method is provided by which his rights
can be secured. Mr.. Baldwin claimed
that those precinct csnvassing boards
are dead, and that no court can compel
those precinct boards to make other re-
turns. Our state has not given that
power to the canvasslng board to have
returns corrected as other states have.
C.M. Lovett and II. E. Boyd, judges
OF election at Plngree precinct, and E. e.
Strong, the inspector at the same, came
down from Pingree Thursday in order to
complete their election returns, they
having omitted to sign the certificate in
the returns to the auditor, though they
did all sign in proper form the duplicate
returns locked up in the ballot box.
Friday morning they went to the court
house and made formal demand to be
allowed to sign the returns which was
refused until an order of court was OBJ
tanned. When the board met they de-
cided unanimously to canvass the re-
turns ss sent from Montpelier and Pin
gree precincts, believing that they cor
rectly represented the votes actually
cast and leaving the question of the
absence Of the signatures to be decided
by higher authority iffurther proceed
ings are taken.
AT the time Of the meeting Of the canvass
ing board the eleotlonofacials from Pin
gree precinct came to Jamestown IN order
to correct the informality in their returns
by attaching their signatures, but their
request to be allowed to do % was re-
fused. II was :smbodisd in the follow