The daily journal. (Salem, Or.) 1899-1903, 1900-07-05
JUDGE CONTEST FILED
ALLEGATIONS IN THE COMPLAINT OF O
F. KNOX.
Late Candidate For County Judge In Lane
County Begins the COntesr Before the.
Circuit Court.

o. +. Knox, by his attorney w, G
Hale, has fled papers in the circuit court
and notified II. r. Kincaid Of contest
over the county judgeship. 1t will b,
remembered that Mr.. Kincaid was de.
clared elected by one majority oyel
Knox, f''
The notice sets out that the right o
II. r. Kincaid to take and hold the Of
fee and receive emolument therefor il
contested on the ground that
First--0. +. Knox rs plaintiff was
duly and regularly nominated by the
Republican county convention for
county Judge on April 4, 1900, and~thai
said plaintiff filed his acceptance within
the time specified by law; that he was
and is a citizen Of the United States ovel
2l years Of age and a resident OF Lane
county, and that his name was placed on
the official ballot to bs voted Tor as
county Judge designated as number IS
and so voted for. That the contest will
begin in the circuit court July l4.ea
Second-That defendants name was
placed on ballot as designated by law.
Third That plaintiff received the
highest and greatest number Of votes at
said election, g, that defendant re-.
ceived less than 2l94 votes and plaintiff
received more than that number.
Fourth-That the ballots were sealed
by Judges of election in various pre-
cincts, delivered to the county clerk and
are now in the same condition as when
voted at said election.
Fifth-That the returns of Irving pre-.
cinct show 6S votes for plaintiff and 80
for defendant. Claims that six or more
votes are invalidated by wrong marking.
Sixth-That the returns from Villa.
mette precinct show 81 votes for plain
tiff and SO for defendant. Claims three
votes for plaintiff unlawfully rejected
and two for defendant unlawfully count.
ed.
Seventh-That the returns for Mo.
bawk precinct show 81 votes for plain
tiff and 56 for defendant. Claims that
two votes for plaintiff were unlawfully
rejected.
Eighth-That the returns for FAIR
mount precinct show As votes for plain
tiff and 81 for defendant Claims two
votes for plaintiff were unlawfuuy re.
jected.
Ninth That the returns for West
Cottage Grove show 1873 votes for plain
tiff and 92 for defendant. Claims sev.
eral ballots texact number not known
we're invalidated by reason of names OF
candidates not voted for being crossed
out. ,t-,-
Tenth - That plaintiff received the
greatest number Of legal votes at said
election, as proper count OF votes will
show.
Eleventh-That plaintiff cannot, give
a more full or explicit statement OF legal
vetes in said precincts, as plaintiff is un-
able to inspect said ballots.
Wherefore, Plaintiff demands that the
clerk OF Lane county, Oregon, be
required TO produce before the Judge of
this court, or said circuit court, II In
session, all the ballots cast and voted at
said election in and for the several pre-.
cincts hereinbefore alleged at the gener.
al election held on the 4th day OF June,
1900, and that the judge OF this court
proceed to hear this contest, and make
an entire recount OF all the votes cast in
said several precincts for this plaintiff
and the defendant at said election in the
manner provided by law, and that the
judge give judgment in favor OF this
plaintiff that he is duly elected and le.
gally entitled 10 take and hold said Of
flee for four years commencing the first
Monday in July, 1900, and to all tile
rights and privileges and emoluments
thereto belonging or appertaining and
hat the county clerk OF Lane County, /
Oregon, be required and directed 10 il. /
sue 10 this plaintiff his certificate Of elec. |
lion as such county Judge and that the |
plaintiff recover his costs and disburse.
nente.