Evening journal., 1898-11-11
OES BEHIND RETURNS
uperior Court May Alter
Election Certificates.
DECIDES OANVAssING BOARD


RULE THAT UNDER THE NEW
CONSTITUTION THEY AGaE EN-
POWERED TO PASS ON REJECT-
ED BALLOTS-WORK OF CAN
WASHING VOTE PROGRESSES.
The certificates of election officers
ly be altered by Superior Court, sit
lg as a canvassing board, in cases
lere mistakes occur, either uninten-
nally or Through fraud.
such was the ruling of Chief Justice
aries B. Lore and Associate Judge
iiliam c. Spruance, composing thu
perior Court, acting as a board OF
nvass on the returns of Tuesdays
,ction in this county. This decision
actically takes away the power OF
,ction officers to pass upon illegal
nots, aus their decision in such cases
n be overruled by the court and the
mlts as indicated by their certificates
anged.
The work of going over the returns
the various districts of the county
is taken up at o'clock yesterday
.ernoon by the court. 1t was Thought
at the vote in the districts where
\ ere were no contests, would be gone
erandldisposedbf before the contested
gtricts were taken up. This, however,
IS not the case, as the canvass began
the First voting district in the First
preventative district, and continued
order. the contested districts being
q sposed of as they were reached.
CONTEST IN THE FIRST.
There was a. contest in the First dis
ct canvassed. Philip Q. Churchman,
presenting John c. McCaulley, Re-
blican candidate for assessor, set
rth in formal complaint read by
r. Woolley. that of the 290 votes poll
in the district 81 had been thrown
t on account Of improper stamping
stated that the uncounted votes
yre tied up in separate package and
ked that the ballot-box be opened
q d the votes be inspected by the courf
at they might pass upon their le'
lity. All the votes were marked
tn the initials of the inspector. Thi'
e court decided to do, and Prothcno
ry Moolley was directed to produc'
e ballot-box from that district.
WRONG STAMP USED.
Upon opening the box the votes wer
und as described, but on examina
IN it was found that the stamp upol
e rejected ballots did not correspon'
shape nor size with the officia
amp which represented a star upo.
e accepted votes. The court sum
oned Clerk of the Peace Foard an
iestioned him regarding the kind c
ANN furnished election officers an
e manner Of giving them out.
Clerk Foard stated each election dds
let was furnished with three rubb'
amps OF uniform size, together Wit
le rest of the paraphernalia, and th'
lev should be found in the box. III
arnps were then produced and four
be or different design than the OF
lat had been used to mark the T
scted ballots, some of which we
larked with am X, the stamp used
S94 and 1896.
At this point Mr.. Churchman arc
nd stated that he was prepared to c
,r evidence to the effect that certa
lection Officers had carried stamp
heir pockets which they offered to V
ious voters as they came into the po
az places. The court, however,
used this evidence, stating that
uty was to pass upon the validity
he ballots thrown out only, and as
anvassing board they were not
estigating fraud on the part OF ell
ion officers. If Mr.. Churchman b
,rocf CT such proceedings it was
uty to bring the matter up before
,roper authorities for investigation
After an inspection Of the ballots
ourt decided that thirty Of them W
lightly rejected and one should M
)een counted. This was added to
certified vote by the court.
Mr.. Churchman them stated Z
here was a ballot among those cou
ID on which the stamp had been
properly placed. it being outside or
square designated for such marHi
He asked that the votes be gone o
and that this particular one be
/. spected. Justice Lore said that suc
proceeding would scarcely be pra
cable in view of the task the court
before them, and Judge Spruanee
marked that HE was surprised that
IS Churchman should make such
quest at this time. as it would
materially alter the result. Mr.. Chu
nan then withdrew his request
MIR. RODNEY'S ARGUMENT.
At this point John H. RJsdney a'