The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1902-09-26

prepared. and application has been
made to the court for the appointment
of recount commission. 1t has not yet
been decided whether the entire vote
of the county, or only some of the pre-
cincts will be involved. Mr.. Neff said
that this point will be settled today.
After the board gets to work it Will
probably require a week to dispose Of
the task if all the ballots cast in the
county are to be gone over. The whole
matter must be decided before October
II. when the official ballot for the ell
ection on November will be published,
as directed by the election law.
While this gives full month, it is a
short time in which to reach decision,
should certain contingencies arise. The
recount is simply for the purpose Of
laying the ground work of contest. On
the face of the official returns Butchart
is the nominee of the Republicans for
sheriff. If the recount should show that
Sargent has really received a plurality
of the votes cast for the office he will
contest Butchart's nomination in the
courts, and the latter must defend him
self.
which there is a question, and the court
would have to pass on these, awarding
them to either of the litigants or re-
jecting them altogether. The losing
candidate, of course, has the right of
appeal, and might carry the case up to
the supreme court. Unless very quick
work should be done by that body
which is not noted for hasty action,
there might be no decision until after
the ballot is made up for the November
election. This would give rise to new
complications, and it might be difficult
for Mr.. Sargent to get his name on the
ballot if he should finally win the suit.
If the delay should be longer than Oc-
tober II, Butchart will be placed on
the ballot as he will be certified as
the nominee by the election board.
What action Sargent would take to dis
place him is an interesting question.
There is another contingency which is
not impossible. Should the case go up
to the supreme court and no decision
be handed down until after election,
Butchart will be voted for, and if elect
ed, lawyers say, he can hold the office
even though the supreme court should
decide that he Mas not the party's NOM
inee, and not entitled to be voted for
In such case, Mr.. Sargent would have
the rather cold satisfaction of knowing
he should have been on the ticket but
wasn't. It will be seen from this thar
a little manouvering on Butchart's
part would give him the office, even
though the recount should go against
him.
The recount will cost the loser a very
considerable sum, estimated in round
numbers at about $1,000. OF this amount
about LOO would be expended in get
ting the ballot boxes to the court house
from the county precincts There are
sixty of these, averaging about nifty
miles distant. The messenger who would
come in with the ballot box would have
to be paid the legal rate of II cents a
mile both ways, amounting to $12, and
about two days wages. This at So per
day would bring the cost per precinct
UP to $18 or a total of $1,0S0 for the
sixty precincts. The wages of the three
members of the recount commission at
$40 per day, the cost of attorneys fees
and witnesses before the court, and the
handling of the city ballots is estimated
at 81, 500 more.
The person making the contest must
give bonds for the costs, and the whole
amount will be taxed against the de-
ted candidate.