The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-02-22

In yesterdays Tribune it was an
nounced that Constable Joseph +.
Woelkers of the Eleventh ward was not
as yet surely defeated and that those
of the citizens of the Eleventh ward
and the community in general who
were congratulating themselves on his
defeat were bit premature in their
congratulations.
The congratulations can be resumed.
Woelkers is defeated.
The misgivings as to his defeat We're
due to a motion by Woelkers for a re-
count. founded on admissions of GER
tain of the election board of the First
district of the Eleventh ward that four
palpably illegal ballots, containing
votes for Woelkers' opponent, Peter
Marker, had been accepted as legal and
counted. If this was true it would
mean that Woekers was elected by a
majority of three. as Markers majority
on the face of the returns was only
one.
Judges Edwards and Kelly decided
to look into the matter and ordered the
election board to appear for eXamina
tion. The members thereof presented
themselves yesterday morning pur-
suant to this order and proceeded to
tell about the alleged illegal counting.
WHAT AFFIDAVIT SAID.
According to Woelkers' affidavit the
board counted three ballots on which
Il cross was made in the circle at the
head of the Republican column and a
cross in the square following the name
Of the Democratic assessor. All of the
Republican candidates We're accredited
with vote apiece and no vote was re-
corded for either assessor. Marker,
being the Republican candidate, was
accredited with q vote. There was also
one ballot on which the name of Woel-
kers had been scratched out and that
of Marker written Immediately UNDER
meath. The decisions of the supreme
court make these ballots unquestionably
illegal. All four of them should have
been thrown out.
When the members of the election
board came to be examined yesterday
their testimony was found to be in con-
flict. Most of them agreed that they
remembered having counted these four
ballots, but some maintained that there
We're quite as many if not more ballots
counted in which cross appeared in
the circle at the head of the Democratic
column and Il cross in the square fol-
lowing the name of some candidate in
the Republican column.
THE JUDGES AGREED.
Judge Kelly was not able to be pres
ent on account of illness, but Judges
Edwards and Newcomb agreed that the
evidence did not size up to the STAN
dard demanded for warranting re-
count. Some courts have held that the
judges have no right to open ballot
box under any circumstances except in
an election contest. The ruling of the
Lackawanna court is that a recount
may be had when it is shown by clear
satisfactory, and not seriously CONTRA
dioted testimony that the count of the
election board was illegal and that the
illegality affected the result.
Judge Edwards. for the court, an
nounced that the testimony was not
considered to be of such q character
as would warrant the opening of the
box, and the motion of Mr.. Woeliers
would have to be refused.
This means that the Eleventh ward
will have to worry along without
Woelliers as constable.
As foreshadowed in The Tribune, the
motion for a recount of the Reilly Reid
vote for councilman in the Second ward
of Dickson City was refused. The
court ruled that it has no authority to
renew the count in a municipal election
in borough or township, except in an
election contest
Reilly and Reid We're tied at 115.
Reilly demanded recount alleging that
the board counted for Reid vote on
IL ballot which had the mark at the
head of the column completely outside
the circle.