Daily capital journal. (Salem, Or.) 1896-1899, 1898-07-02
WAC coMMIrrED rHE cRIME2

WHO COMMITTED THE CklMhF
or course, there will be those who
deny that any violation Of law has
been committed in the instance OF the
election contest in this judicial dis
trict. But there is contest brought
from both sides and both sides charge
fraud. Both Boise and D'Arcy by
their counsel and by their pleadlngs
in court admit and imply wrong doing,
errors, tampering with the returns,
attempts to steal the election. These
matters cannot be CLOSED oyer and
dismissed on stipulation as In civil
controversy,
1t is not proper for a newspaper to
weigh the evidence and determine
who is guilty. But newspaper can
lay all the evidence before its readers
and get their consensus Of opinion, and
that opinion in this case is that
great crime has been committed on
the election returns.
1t is apparent from the confession
of County Clerk Ehlen, and the state
ment Of Justice Hayes, that there was
a deliberate plan entered upon to get
possession of, or at least access to lin
the interim of an adjournment had for
that purposel the returns from the
precincts, and the public asks for
what purpose
Mr.. Ehlen. as an Official under oath
and custodian by law Of the returns,
is the greatest criminal 50 far deyel-
oped because he made it possible to
commit the crime, II one was COM
mltted, and OF that there Is no longer
a reasonable doubt. Mr.. Ehlen made
the.arrangement possible to get access
TO the original tally sheets and the
duplicates. He said he turned them
over to outside parties, Policeman
Johnson says he was given a package
by Ehlen to carry TO Richardson late
at night. Ehlen confesses 1t was the
tally sheets from the three precincts
in controversy.
AS county clerk of Marion county
Ehlen was the first criminal because
all that follows would have been
impossible without his act. What
follows? Are those who handled the
talley sheets, whether they altered
their contents or not, not also
crlminalsP They certainly are. And
we care not who these persons are.
They are criminals unless the law
specifically declares that such persons
are entitled to handle and inspect
those tally Isheets. or returns. They
are criminals unless the law empowered
them to receive those election returns
openly and publicly.
They are criminals II they saw or
touched those returns contrary TO the
provisions OF law, and otherwise than
10 an open, public manner, in the
proper place aud in the presence OF
proper official authority There is
no use mincing matters II honest
elections are desired.
Justice Johnson has tremendous
responsibility TO meet. Some one has
committed a crime. A conspiracy to
get possession Of returns Is confessed.
The board of canyassers of which he
IS one has otiiclally determined that
returns were tampered With In three
precincts. That board oficially de-
clares fraud IN refusing to count
tallies that are inserted where they
did not exist before. Those inserted
tallles are sufficient to change the re-
suit OF the election. Justice John
son has the delicate task OF
acting on a criminal information
against hitherto prominent citizens
aud professional men 10 a matter
some Of the details OF whieh he Is
himself coguIxant OF in an Official
capacity. The parties defendant are
his nelghbors. friends and ONE dis
tantly related. No one fears that
Justice Johnson viii not do his duty
as an examining magistrate. II Is