Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-06-18
DISMISSED
WITHALL HoGLuMD ELECTION
CONTROVERSY AT END.
ATTORNEYS FILE PAPERS TO-DAY
Alderman at Large E. Hoslund Will
Retain His Seat Unmolested as Re.
suit of Action Taken by George With.
aIls Attorneys.
From Tuesdays Daily.

From Tuesdays Daily.
The contest over the Office of alder.
man at large was dismissed by Mitchell
u Hunter, attorneys for George With
all, the contestant this morning be.
cause OF the Irregularities which it is
stated have been found in the actions
OF the election judges in several wards
OF the city. The contest was on the
election OF e. Hoglund over George
Wlthall in the last city election when
the former was declared elected by
a small margin of three votes. The
contest board me- May 81 and started
upon its investigation but the case was
then postponed after a short session
as the attorneys had cases in the dis
tr1ct court which required their atten-
ton. Since then there has been moth
Ing further done until the papers of
dismissal were filed this morning with
the city clerk.
Reason for Dismissal.
In the papers filed shortly after the
election by Mr.. Withall's attorneys,
the claim was made that there had
been misconduct on the part of the
Judges in the First, Second, Third
Fourth and Sixth wards Nof the cit,
and also on the part of the canvassing
board. When it was discovered thai
the laws regarding the care of ballots
after the election had not been prop
erly complied with, the attorneys de
cided that this would be a bar to sue
cessfully contesting the election, so
the contest was dismissed. The dis
mlssal papers filed this morning by At
torneys Mitchell & Hunter set forth
the reasons for the action as fol.
lows: {
Papers. of Dismissal.
ITO the Hon. t. H. Picker, mayo1
of the city of Ottumwa; Hon. Sumner
Siberell and Hon. Chas. D. Fullen, con.
st1tutlng he court of contest, in case
of George Withall, contestant, VS.. e.
Hoglund, incumbent:
AS you are aware, the code section
Hap, provides that election Judges
shall fold in two folds, and string close
~ upon a single piece of flexible wire
all ballots which have been counted by
them except those endorsed, rejected
as DOUBLE defective or objected to,
unite the ends of such wire in a firm
knot, seal the knot in such manner
that 1T cannot be united without break
Ing the seal, inclose the ballots SC
strung in an envelope, and securely
seal such envelope. The judges shall.
at cnce return all the ballots to the
efhoer from whom they were received
who shall carefully preserve them fol
six months.
sWhen the r~eceptacles containing
the ballots We're opened by you, or in
your presence, the following condi
tons We're found: The ballots from
the second and Fourth wards were in
bags, instead of envelopes, but the
bags We're properly tied and sealed.
and evidently these bags had not been
tampered with; in the five remaining
wards the ballots, while having been
strung on wires, yet the wires were
not sealed where tied, and were not
in sealed envelopes or bags, but were
laying in boxes, and in one of the five
the box was not locked.
For three days after the election,
according to the statement before you
nf Judge Moon, counsel for Mr.. Hog
lund, the boxes were allowed to remain
III the hallway leading from the stair.
way to the council chamber in the City
hall building, and from that time until
opened by you, the boxes containing
the ballots We're kept in an unlocked
room in the city hall building. When
Mr.. Warren took charge of the city
clerks office he found the keys to the
boxes in which the ballots were kept,
in an unsealed envelope, lying in an
unlocked drawer.
The opening in the boxes through
which the ballots had been passed sep.
arately when cast, had been covered
with paper. and the paper had been
securely sealed to the box, but on three
of those boxes the paper covering the
opening had been broken.
las you are all aware, there were
strong indications that the ballots had
been tempered with.
under the ruling of our supreme
court in Davenport VS. Olerich, "a Iowa
1875, we are satisfied that your honora
Bile court would not be justified in adj,
hitting the ballots in evidence. hence
we dismiss Mr., Withall's contest.
Mitchell & Hunter,
Attorneys for Contestant