The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-12-01
irregularities Charged In
Every Precinct.
JAMES CuskER The COMPLAINANT
Has Commenced an Action in the Su.
perior Court Of WaIia Wajia
County.

All oNtloIi w DIS commenced Ill the SUI
perior court this afternoon to contest
the election of Richard j. Bergman.
the republican candidate, to the office
of assessor of Walla Walla county.
The plaintiff named in the complaint
is James Cusker. a farmer Of Walla
Walla county, and voter in Ritz pre-
cinct.
The complaint comprises six type
written pages. After setting forth the
fact that Bergman was the regular
republican nominee and Michael Toner
the regular democratic nominee for
the office of assessor, it is alleged in
That the board of election officers,
inspectors and judges in each and
every one of the voting precincts of the
said county of Wala Walla, were
guilty of malconduct in this: That
the said election board in each of the
said precincts unlawfully failed and
refused to count for the said Michael
Toner. certain due and lawful ballots
which We're at the said election, law
fully, properly and duly marked voted
and cast for the said Toner for the
office aforesaid; in each of the said
precincts at the said election. and in
this That the election board in each
and every one of the voting precincts
of the said county of Walla Walla un-
lawfully counted for tn esaid r. J. Ber-
ryman for said office, as properly voted
and cast for said Bergman at the said
election. certain votes which We're rot
properly marked voted and cast for
the said Bergman.
1t is alleged that in each of the pre-
cincts of Russell creek, Mill creek,
chet, Lincoln and Hadley, there was
one vote cast fer Toner which the
judges illegally counted for Bergman.
In each of the precincts of French
town, Washington, Prescott and Hill
there were two votes cast for Toner
and counted for Bergman. In each Of
the precincts of Steptoe Mullan, Baker
Dixie, Eureka and Wallula there We're
three votes cast for Toner and count
ed for Bergman. In Simms precinct
there were four cast for Toner that
were counted for Bergman. In each
of the precincts of Whitman, Clark.
Small, Waitsburg. Clyde and Lewis
there were six votes cast for Toner
that were counted for Bergman. In
Stevens there were eight votes cast,
for Toner and counted for Bergman.
In Fremont there We're nine votes cast
for Toner that were counted for Ber-
ryman.
1t is further alleged in the complaint:
That at said election illegal votes
We're cast, received and counted to the
number and in the precincts, to-wit:
In the precinct of Lewis three; Stevens
Is. Simms II, Fremont 19, Mullan I,
Small 13, Ritz 23, Waitsburg 13. Clyde
II.
That at said election in the precinct
of Ritz two additional illegal votes
were cast and counted for Bergman.
the illegality thereof consisting in this
that the said votes were received by
the officers of election and deposited in
the ballot box after the polls for said
precinct had been declared closed.
That at said election in the precinct
of Clyde the election board for said
precinct did unlawfully remove the
voting place for said precinct from the
place where the notice of said election
declared and required the same to be
held, to building about one-half mile
distant from said place appointed.
That at said election a sufficient
number of lawful votes were properly
and lawfully voted and cast for the
said Michael Toner for the said office
of county assessor to elect him thereto'
and that the mal-conduct of said elec-
ton board, inspectors and Judges, III
and unlawfully counting
and returning the votes given at said
election. as particularly set forth
herein. resulted in the unlawful declar-
alton aforesaid, of the board OF can
vassers of election returns of the said
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