Omaha daily bee., 1902-11-14
IN DRAW TO CONTEST
Mcdonald and Lobeck Will 90 Into Court
10 Settle 0ommissionership.
cANVASslNe BOARD cowPLETEslTS WORK
Lawyer Asks for Reconsideration of
sixth Precinct Of Ninth ward,
but Board Lets Its First
Decision stand.

Contest proceedings involving a recount
OF the ballots in court seems inevitable in
the competition Of Henry Mcdonald, re-
publican, and G. O. Lobeck, fusionist, for
Henry Ostrom's seat as commissioner from
the Fifth district. Such proceedings will
be Instituted by the one who loses in a
drawing Of lots. This drawing, County
Clerk Drexel says, probably will be next
Saturday morning.
When the canvassing board finished it's
work Wednesday noon on the poll books
from the Fifth, Sixth and Ninth wards and
East Omaha, constituting the Fifth com
missioner district, it was found that the
plurality of II for Mcdonald, shown by
the unofficial returns, had been wiped away
and the two men stood tied, with a total
Of 2,611 each. Yesterday morning Attorney
b. @. Burbank, for Mcdonald, attempted
TO persuade the canvassing board to reopen
the roll book from the Sixth precinct Of
the Ninth ward and reject one doubtful
credit allowed Lobeck.
On behalf Of Lobeck, Attorney L. j..
Piatti demurred and the board took the
matter under advisement until l o'clock.
at which time It decided to let the tie vote
stand. Mcdonald referTed inquirers to At
torney Burbank and the latter said to a
Bee reporter that in the event Of Mcdonald
losing in the drawing OF cuts he will con-
test Attorney Patti said that Lobeck
would let the county clerk draw for him
and that II he then lost he would contest.
OmcIaI Canvass Completed.
The board finished the canvassing Of the
county about IL yesterday forenoon and
Attorney Burbank Immediately brought up
the matter Of the commissionershlp. He
~ A. e. 49, L. 4 Ht-AI ii
of the Ninth the board, by allowing Lobeck
credit for an incompleted mark on the
book, had allowed a total of 263 votes,
whereas the total number Of names of
those who voted was but 262. He asked
that the board reconsider the matter and
withdraw the doubtful credit. This would
have given Mcdonald a plurality Of one
and the advantage in subsequent proceed
'ings.
AS Burbank was about completing his
argument, Attorney Patti, who is Lobeck's
counsel, arrived from his office on a trot.
He protested to the board that Burbank
and Mcdonald we're showing scant cour-
tesy to Lobeck to press the board for
such action without informing the other
contestant OF what was to be done. Lo-
beck was not present, but in his behalf
Piatti argued briefly that, assuming the
total OF 262 to be the correct number OF
those voting, there was no reason why, in
removing one from the number Of credited
%tallies. such one should come from Lo>
beck's total Of 113 any more than from
McDonald's total of 1919, Schaffer's total OF
IL or from the total OF eight blanks.
In making its decision the board stated
that reconsideration Of the vote would
necessitate the reopening of the poll books,
which had been sealed, and that it was not
the opinion Of the board that IL could do
this with propriety; furthermore, that the
fact that a congressman was being voted
for made the election a federal one, and
there might be federal statutes forbidding
the action asked. The board ruled, there>
fore, that the tie vote must stand, and
the candidates submit to the drawing Of
cuts. Mr.. Patti states that this will give
his client a chance to regain two votes
denied him in the Fifth and Sixth wards
on technicalities, and that he will gain the
seat