Omaha daily bee., 1896-12-19
LEWIS GAINS FIVE VOTES
Net Result CT the First Days Contest
Against Divide Vien'
FERRlER GETS COLD CONSOLATION
His Attempt 10 Intervene IN Over
ruled and Only the votes for
Lewis ana Wien VIII
Tic Counted.
fERRIER GETS COLD CONSOLATION

The trial OF the election contest case be-
tween Jason Il. Lewis and Oyidc Wien, for
the office OF justice OF the peace in Kane
township was begun at the superior court
room yesterday morning Perry Kerney,
chairman of the Board of Supervisors, Is
presiding judge of the contest, with w. H.
Ware, democrat, and j. II. Chambers, re-
publican, associates. MIR. Ware and Mr.
Chambers represent the contestant and in
cumbent while Mr.. kerney is to be the
general referee ]. j. Shea appears as at
torncy for Lewis and Jacob Sims for Wen.
II. o. Cook is represented by A. S. Hazelton
and j. w. Ferrier was looking after his
own interests.
Early in the session Ferrier addressed
the court and requested that his votes cast
at the last election be also counted. He pre-
sented a formal petition of Intervention in
the contest to support this claim. According
to his construction of the law on this point
the contest board was required to count the
votes cast for all the candidates in the class
In which the contest Is being made In the
present instance there are three offices Of
justice of the peace to be filled. Ambrose
Burke's election is conceded, but on the
other two contests have been brought. This
fact, Ferrier insisted, granted to him and
Haynes the right to have their ballots
counted.
The attorneys Of both Wien and Lewis de-
INJURED to the petition of Ferrier on the
grounds that he had not complied with
the law in filing his contest within the specl-
fed time. and that he had not filed the bond
required by law to insure the payment OF
the costs of the contest His failure to
comply with these requirements, they as
serted, relieved the court of any duty to con-
slider his claims to an election. The three
judges were unable to agree on this point
1iGpnSGOn w IN
postpone a decision in the matter until in
the afternoon.
Before adjournng, L. A. Casper, judge Of
election of the first precinct of the First
ward, identified the ballots from that part
of the city as those cast at the November
election. He stated that he had delivered
the packages to the county auditor. Audi
tor Matthews corroborated this testimony
and stated that he had received the pack
ages from l.. A. Casper. They were in the
same condition and sealed, as when he re-
ceived them. They were then offered in
evidence tc the court with a request made
that they be opened and counted.
The question of allowing the votes cast for
Ferrier to be counted was again taken up
at the afternoon session of the court. Lewis
demurrer to Ferrier's petition of interven-
tion was finally sustained by Judges Kerney
and Ware, Judge Chambers dissenting. At
torney Shea, for Lewis maintained that
only the votes for the incumbent Yien and
statutes covering the point refer in all in
stances to the parties involved in the con-
test as the contestant and incumbent" ;"
but In two sections in which the duty OF
the court is defined the law refers to dis
covering the 'person" who is entitled to the
office contested for. Judge Chambers held
that this use of the words contestant" and
person" showed the intention of the trainers
of the law and that Ferriers vote should be
counted. Attorney Sims for Wen withdrew
from the demurrer to Terriers petition at
his clients request. He stated, however,
that he agreed with the contestants attorney
as to the construction of the law, that Fer
rier's vote should not be counted or con-
sidered. The ruling of the court was in
accordance with this view. Ferrier excepted
to the ruling.
The counting of the ballots was at once
taken up in the regular order OF the wards
and preciLcts The ballots of the first pre-
cinct of the First ward were opened and
the count began. 1t was agreed that a rec
ord should be kept of the ballots objected
to, as they were numbered in regular order.
These will be taken up at the close of the
count and passed upon by the court. Only
this one precinct was counted, with the fol-
lowing rESult: