The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1900-12-07
CONTEST BEGINS.
Three Inspectors Appointed to
Look at Ballots.
Hearing Monday Forenoon in the Contest
Over the Election of County Commits
sioner in Sd District.

>. Hughes should not be declared
elected county commissioner in the
Third district was argued before Judge
Cray Monday forenoon. Thos. and Evan
Hughes appeared for the contestant,
Robt S. Hughes, and A. r. Pau, w.
E. Young and D A. Reed appeared
for Elliot A. Epson, the contest, who
was elected on the face of the returns
by one majority
When the hearing came up, Thos.
Hughes asked that inspectors be ap-
pointed to look over the ballots
Mr.. Pau objected to this on the
ground that the contested papers are
too indefinite and do not comply with
the statute
Mr.. Hughes replied that he had
consulted the Hugo and Pennington
cases. which had both gone through
the supreme court, and had followed
the exact language used in the Pen
nington case in preparing his papers.
Judge Cray said that he was in
clined to appoint the inspectors unless
there was some special reason why he
should not.
Mr.. Pau said that he particularly
objects to points five and six, where
it was claimed that in Judson twenty
illegal ballots were cast by persons
not residents or qualified electors of
Judson and that all of these were
counted for Mr.. Epson, and that at
least five of these ballots were cast by
persons who kenw that they were not
qualified electors of the district and
who were known by the judges not to
be qualified. He said that it did not
specify anything particular.
The court said that he thought the
points were indefinite and that it was
extremely unfair to put the burden of
proof on the respondent.
Thos. Hughes said that he might
not be ready to be more definite until
after the ballots had been inspected.
This objection would come up more
properly when recount of the votes
was asked, which would be later
step to be taken if the inspection JUS
titled it.
Mr. Pau also objected on the
ground that it was not shown that
Mr.. Hughes was duly nominated.
The court said that the fact that
ballots were cast for him was sufi-
Gent.
Mr.. Pau asked where the ballots
would be inspected.
Mr. Hughes said that he presumed
that it would be at the election pre-
cincts, but that he would be glad to
have it done in Mankato if it was
legal Mr.. Pau said that he would
like to have it done here, if possible.
The court overruled Mr.. Pfau's OBJ
jections and asked each side to select
one inspector, these two to select a
third.
Robt S. Hughes selected Evan
Hughes, and Mr.. Epson selected A. R.
Pau Jr.
These two subsequently selected G.
e. Ldu11SI, VI 4hdp1OlO4 cbO O1IO WILL "
inspector All three are attorneys.
Judge Cray has appointed Dec. 18th
as the day for inspecting the ballots,
and the town clerks of the six election
districts have been subphoened to ap-
pear at the court house in the forenoon
of that day with the ballot boxes, of
which they are the custodians.
Mr.. Epson objects to the suffciency
of Mr.. Hughes notice of appeal on the
grou nd that it is defective, uncertain
and indefinite and does not advise the
contestee of the particular grounds up
on which contestant relies and does not
advise the contestee as to which voters
are claimed to have been disqualified
nor their residence. He claims that
they do not on their face show grounds
for a conte st.
Mr.. Upson's p oints of contest, in
addition to those submitted by Mr..
Hughes, are as follows, in substance
First, Mr.. Epson was nominated
and elected and declared elected by the
canYassing board.
Second. Two ballots in each cleo
tion district were not marked or cast
for Mr.. Hughes, but were counted ana
canvassed for him.
Third, More than fifteen ballots
were marked for Mr. Epson but
through inadvertence, mistake and
miscount were not counted for him,
many being returned as spoiled bal
lots, whereas all should have been
counted.
Fourth. More than six ballots were
marked for Mr.. Epson but were
counted for Mr. Hughes
Fifth. In Butternut Valley, twenty
five illegal ballots were cast by non
residents or unqualified voters and
were all counted for Mr.. Hughes.
Sixth Twelve in Cambria, same.
Seventh. Ten in Lincoln, same.
Eighth, ninth and tenth. Five Of
the above voters in Butternut Valley,
four in Cambria and two in Lincoln
knew that they were unqualified and
the judges also knew it.
Eleventh In South Bend two voters
placed their names on their ballots in
a conspicuous manner for the purpose
of Identification and voted the same,
and at least one in each of the other
election districts did likewise
T~,aIf4b Tho i,1d0oc of oloof;on ~