Omaha daily bee., 1896-04-04
He BECOMES A COUNCILMAN
Aldermanic Contest is Decided in Dunoan's
Favor.
PRACTICAL DEFAULT ON LtnLY's SIDE
70 Attempt Made to Introduce oppos-
ing Tcstimony-New Mcmbe Will
Mt Once Present His Bond
and Take His Seat.

The courts have relieved the city council
OF the responsibility Of e~lecting a successor
TO John Lemly, the councilman-at-large who
resigned early in March, after having been
out Of the city on leave OF absence for about
a month. The clty's quota of councilmen
is now complete and the Fourth ward is
represented in the council by two council
men-at-large, besides the regular ward coun-
Gilman.
Judge Slabaugh of the district bench yes
terday issued a decree finding that Robert
D. Duncan was one of the nine persons who
received the highest number Of votes cast
for councilmen-at-large at the last general
election, held in November. 1895, and de-
clared him duly elected and entitled to a
seat in the city council for the term of two
years, commencing on the first Tuesday in
January, 1896, together with the emoluments
OF the office for such period. The decree
also gave Duncan an execution against Lemly
for the costs in the case. but as Lemly left
the city insolvent the execution is not Of
great value.
This act of the court is the ending Of a
contest commenced in the county court of
this county soon after the result Of the
official canvass of votes was announced.
Duncan brought suit to contest Lemly's
right to a seat In the city council, alleging
that he duncan had received more votes
for that position than had Lemly, and al
leging that the election boards in a number
of the districts of the city had not credited
him with q large number of votes which had
been cast for him. The case was heard be-
fore Judge Baxter about the middle of Janu-
airy, and, under the ruling of the court re-
garding ballots in which the voter had
marked crosses opposite ten names among
the councilmanic candidates and after
ward erased one of the crosses,
the count showed Lemly four ahead
OF Duncan. AS there were a larger number
of these kind of ballots cast for Duncan than
for Lemly, the former was the loser under
the ruling of the court, but as the objection
to counting these ballots had been raised by
Duncan's attorney, he was not in a position to
object very strenuously. The case was de-
cided in Lemly's favor and Duncan appealed.
The case came up for hearing in Judge
Slabaugh's court Thursday. In the mean
time Lemly had resigned and had left the
city. He was represented by his attorneys
who had appeared for him in the lower court.
There was practically no contest, the evil
dence introduced being the poll books and
tally sheets and the sworn evidence of Dun
can, who testified to gains in the several
wards, which gave him a majority over
Lemly OF fifteen votes. All of this evidence
was introduced by consent of the defendant
and the ruling of the court was based on the
evidence before 1t. The question passed on
by Judge Baxter, regarding the rejection Of
the ballots marked with ten crosses, che of
which was erased presumably by the voter,
was not before the court and was, therefore.
not passed upon.
Duncan announced that he would at once
present his official bond to the mayor for his
approval and would be prepared to take his
seat at the next council meeting as a full
fedged councilman. He also stated that he
would make no effort to collect his salary as
councilman during the time he held the posi-
ton of plumbing inspector.