The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-11-11


fetal compilation of Tuesdays vote
yesterday afternoon, protest was pre-
| sentcd by Cornelius Smith against
crediting Judge Gunster with the COM
bined Republican and Democratic vote.
The protest was contained in the fol-
lowing petition presented by James
| Mahon and j. Stanley Smith:
| In the matter Of the election of Fred
| w Gunster.
Cornelius Smith, being duly sworn.
| says He was the candidate of the In
| dependent Citizens party for addition
! al law judge of the Forty-ffth Judicial
| district and as such a candidate was
| voted for at the last election to wit,
| on the eighth day of, November. 1898
That the act of assembly approved
| July ?, 1897, provides: Upon the Off
| Cial ballots transmitted as herein pro-
| vided by the secretary of the common
wealth and county commissioners, and
| upon the ballots to be voted at any
! election, the name of any candidate
| shall not appear more than once by
! certificate of nomination or more than
| once by nomination papers"
| That according to said provision A
candidates name can appear only in
| one place or column on the official bal
| lot, and upon the ballot voted.
WHAT HE BELIEVES.
That the deponent is informed and
| believes that Il candidate can only
| have the votes cast in one place or col
umn on said ballots counted for him
| That the name Of Fred w. Gunster,
| candidate for additional law judge ap-
| pears in one place or column on said
| ballot, to wit: In the Republican col
| umn: that, also, the name of Fred w.
| Gunstcr, for additional law judge, APP
! pears in another place or column on
| said ballot, TO wit, in the Democratic
| column. Cornelius Smith.
| Now, to wit, November TO- 1895 the
| depOncnt objects to the counting of
! the votes cast in the Democratic col
| umn for Mr.. Fred w. Gunster, whose
name appears in the Republican col
| umn because the presumption of law is
| that the official ballot and the ballot
! voted are in legal form and that Fred
| w. Gunstcr, whose name appears in
| the Republican column is not the same
| Fred w. Gunster. whose name appears
! in the Democratic column.
Mahon & Smith
| Attorneys for defendant.
! The deponent, Cornelius Smith, re-
| quests the court not to count the votes
cast in the two columns of the ballot
! voted for Fred w. GunSter as one and
| the same person. That is to say if the
| votes cast for Fred w. Gunster in the
| Republican column are counted for the
| Fred w. Gunster whose name appears
| in said Republican column, then the
! votes cast in the Democratic column
| shall not be for the same Fred w.
| Gunster. And in case the votes cast
| in the Democratic column shall he
| counted for the Fred w. Gunster.
! whose name appears in said Democrat
| ic column then the votes cast in the
said Republican column shall not be
counted for the same Fred w. Gun
! Ster James Mahon
Attorney for G. Smith.
TO BE PRESENTED LATER.
| Judge Edwards stated to Mr.. Mahon
| that at present court was simply tabu-
! latinG the vote and that it would he
| time enough to consider the petition
| when the counting began. He also suG-
| sested that Mr. Mahon prepare an or
der setting forth what the petitioner
| wished the court to decree.
| When questioned as to the ultimate
| purpose of the petition. Mr.. Mahon
would not have anything to say The
suggestion that Judge Gunster had a
| plurality in the Republican column
| alone, and that even if he was not
! credited with the combined vote he
| would still be elected, brought from
Mr. Mahon the remark that they were
dealing With one matter al a time and
that that question would be taken w
! when the other is disposed Of,
TILES \ PROTEST.
!, is very evident from glance at
| the table printed in yesterdays Tri-
huIc that Judge Gunster was accred-
tied in the Republican column with
many votes that We're casr for him
as Il Democrat. For instance. the re-
| turns indicate that he did no5 receive
a single Democratic vote in .hrchbald
| o. fifty-two other voting districts of
the county. This of course is prepOs-
terous The fact is as an inul'iry yes
| tCrday revealed. that the election Off
GERS in this district tabulatcd the
| GunSter vote in one space and chose
the Republican space becausr it was
th2 first to bt encountered on the tally
sheet.
1t is not AT all unlikely that this
has much TO do with Mr. Smiths pc
titon. In case he should succeed in
having the court declare that Judge
Gunster could not be accredited with
both the Republican and Democratic
vote and that he would have to ht
content with one or the other Ol
10th separately II would he Mr.
Smith's next endeaVOr. doubtiessly. &
secure a recount Of the balrts Will
View of decreasing Judge Gunster':
vote To a point less than HIS
NUMBER OF VOTES
There were 10,4n Republican vote!
aud 3O5j Democratic votes cast fo
Judge Gunstcr. Mr.. Smith reccivcC