The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-02-21

| munity yesterday and the day before
that Constable Joseph u. Woelllers o.
the Eleventh ward had been defeated
lor reelection. Their congratulations
1T now appears, were II bit premature
Unless present calculations are al
askeW, WOelkers is elected.
In the First district of the Eleventh
ward according to the admissions ol
members of the election board, foul
illegal ballots were counted which con.
tanned votes for Woelkers' opponent
Peter Marker. This mistake if recti.
fed, will give Woelkers a majority OF
three, the vote returned being Marker
367, and Woelkers, 366.
Attorney C. G.. Donovan. represent.
ing Constable Woelkers, went before
court yesterday and secured an order
directing the election board to appear
this morning to be examined on the
above allegation.
In the affidavit presented by Woelk-
ers in support of the motion for a re-
count, it is set forth that on at least
three ballots which the board counted
as being regular Il cross appeared in
the circle at the head of the Republi-
can column, and u cross in the square
following the name of the Democratic
assessor. 1T was further alleged that
on another ballot which contained a
cross in the circle ut the head of the
Republican column and a cross in the
square after the name of the candidate
for constable in the Democratic col
umn, the name of Woelkers was
scratched out. and that of Marker writ
ten Immediately underneath.
COUNTED FOR MARKER.
The board counted all these foul
votes for Marker. Under the decision
of the supreme court, these four bal"
lots should have been completely ig-
nored. The supreme court has eX-
plicitly ruled that a cross in the circle
at the head of one column and q cross
III any square in any other column i'll
validates the whole ballot. The evil
dent intention of the voter may be
plain, but evident intention doesn't go
IL the election board admits what
Woelkers' affidavit AYERS, Il recount will
likely be allowed and Woelkers will
be continued in the Office of constable
A request for Il recount also came
from Attorney John NJ. Harris repre-
sentins John Reilly, the union candi-
date for councilman in the First ward
of Dickson City.
Reilly and James Reid, Republican,
were tied at 115 according to the re-
turns. Reilly alleges that one of the
ballots which contained vote for Reid
was Illegal in that the mark at the
head of the Republican column was not
within the circle, but Just to the right
If ~ nd l,h1a ta1, i.,;.l IL ,c
There is no question but that this
ballot is illegal, but there is a question
as to whether or not the court can
grant the petition for recount.
The law provides that the returns of
city elections and elections for justices
of the peace shall be made to the
prothonotary and by him presented TO
the court for review. The returns of
municipal elections in boroughs and
townships are made to the clerk of the
court and he enters them without hay
ing them reviewed by the court. In a
city election, q recount can be ordered
within three days. There is nothing
in the law, as far as appears OH the
surface which authorizes the court to
order a recount in borough or town.
ship election.
DECISION THIS MORNING.
Judges Edwards and Kelly consulted
yesterday on Mr.. Reilly's motion and
Will hand down their decision this
morning. If the court decides it has no
authority to order a recount in a mum
icipal election in borough, Mr.. Reilly
will have to have recourse to an cleo
tion contest.
The official count of the returns of
Scranton and Carbondale was begun
yesterday afternoon at o'clock. AT
40 O'Clock, when adjournment was
had, the First, Second, Third, Fourth
and two districts of the Fifth ward of
Scranton had been counted There We're
no discrepancies discovered in the Nor
ris-Costello vote ana only few lmim-
portant discrepancies in the vote for
the other Offices.
The count is being computed by the
following clerks: Supervising clerk,
Lewis b. Carter; recording clerks, Fl.
5. Alworth and James Bell file clerks,
John Nj. Gunster and John NJ. Corbett;
reading clerk, John NJ. McCourt.
Attorney d. j, Reedy and ex-Sherlff
John j. Fahey are present in the in
terests of the Democratic city commit
tee. George Marshall is keeping tabs
for the Republicans.
Hearings on rules secured by the
Municipal League to revoke liquor IL
censes We're conducted yesterday by
Judges Edwards and Kelly, setting in
argument court, Ten of the twenty-sx
cases We're heard, The others were con-
tinued for various reasons.
TART CRITICISM.
a bit of Il spice was injected into the
hearing of the rule to revoke the license
of William Healey, of Dunmore. The
complaint originally charged him with
selling liquor on Sunday, October 81,
1901. When the complaint was exam
ined yesterday, it WAS seen that Octo-
ber 20, 1901, had been substituted. At
torney John b. Jordan representing Mr..
Healey, alleged that the substitution
was irregular and made some tart crit
icisms of the attorneys for the league.
Attorney L. h. Beers, representing the
league, claimed that the substitution
was made at the suggestion of the
court, Mr.. Jordan wanted to have the
petition quashed but court would only
agree To grant a continuance.
.tb