Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1902-01-09
HE WANTS THE JOB
ANSTiE REFUSES TO CAST LOTS
TO DECIDE TIE.
The Superior Court Reverses the Action Of
the City Council in Declaring Anstie
Elected Mayor. and Declares There Was
No Election, but a Tie Between Anstie
and Maley.

anu WAJey.
The now famous contest for the mayor
atty Of Aberdeen came on for trial before
Judge Linn at Montesano, Monday, and
from the start it was evident that the
Anstie forces we're not anxious for re-
view Of the biased count Of the disputed
ballots made by the city council. Attor-
ney Hogan, for Anstie, occupied the en-.
tire morning session in citing decisions
from Maine to California in support OF
his propositi IN, that the court had nc
authority to override the action of the
council, no matter how erroneous il
might be.
The judge promptly overruled thi.
specious plea, but the sparring for delay
continued. 1t was urged that the failure
to summon City Clerk Black was fatal to
the contestee. 10 this the court replied
that the council was sitting as tribunal
and that the clerk was the proper party
to make the return and that he had made
it. Attorney Cross. counsel for Maley
favored speedy decision of the case by
the court, and ably refuted the arguments
produced against such action. Finally il
was discovered that the return OF the
proceedings OF the council did not contain
the city ordinance concerning contested
elections, and Mr.. Hogan insisting that
it be made a part Of the record, Judge
Linn adjourned the case until Monday.
in order to have copy of the ordinance
filed.
When the case was called Monday, il
was evident that all hands would "have
to fish or cut bait" and, after little
more sparring, the court proceeded to
count the ballots in dispute. The count
OF the undisputed ballots gave Maley 243,
and Anstie 100. There were 1856 disputed
ballots, j. e. ballots that required the
exercise of some judgment to tell for
whom they were cast. The court found
that the council erred in ballots Nos.
and IS from the First ward, and that they
should be counted for Maley, and that it
erred in counting ballots numbered %
and 4S from the Second ward, in counting
them for Anste. That the legal ballots
cast were 2S7 for each candidate; that
there was no election, and that the action
of the city council in declaring VIM. An
site elected mayor was and is erroneous
and should be vacated and set aside
Upon the announcement OF the decision
Attorney Hogan gave notice OF an appeal
which does not act as a supersedeas, the
evening paper to the contrary notwith
standing, and had the decision given the
election to Mr. Maley the court woult
have ordered him seated pending such
appeal.
In cases OF tie election the statutes
provide-as to county ofiicers-that the
auditor have the parties draw lots for the
office, and as no provision is made in the
law regarding third class cities to the
contrary, it has been taken that they fol
low the same procedure, under the statute
that says call city elections shall be hel(
in accordance with the general laws o
the state, so far as the same may be made
applicable" This procedure was followed
in the contest case OF Gum VS.. Mach
some years ago, and, one of the parties
appealing from the result, the action was
upheld by the superior court.
With this precedent in view, Mr.. Maley
proposed to Mr.. Anstie, on Tuesday before
the council meeting, to decide by lo
which of them was mayor. This Mr.
Ans.ie refused, saying that he had the
best OF it and was going to keep it. Tha
the council has authority to compel the
settlement OF the matter by lots, is made
certain by the action of Gum VS.. Masl
referred to, but the parties apparently il
control of that body seem to propose t.
defy the orders of the court and al
presidents. This was illustrated at the
meeting Tuesday night, when an attemp
to introduce resolution to that end was
snubbed by a motion to adjourn, and The
rules of the council defied by refusing t
roll call on that motion. There is bu
one inference, that Mr.. Anstie, by refus
ing to take his chance by lot, as the Law
directs, proposes to nullify the late cleo
ton. and as mayor "until his successor
is elected and qualified" hold over in thu
hope Of keeping the position in litigation
until the term expires. In this actor
Mr.. Anstie does not do justice to himsel
or to the voters Of Aberdeen, and thu
HERALD does not believe that such {
course should or will win.
A Cure for LumbaSo.
w. C. Williamson, of Amherst, Va