The Providence news. (Providence [R.I.]) 1891-1906, 1904-11-19


we'll taken and the board rules favoraoy
to them there will be another big gam
for Congressman Granger In the hrst
congressional district for most or the
votes which he has lost during the re-
count has been piled up on account OF the
ruling OF this board in regard to the al
legged Distinguishing marks.
ANOTHER CUT.
There Is no doubt Mr.. Granger WIZ
need all he can get for the count toda
cut down his lead to but % votes
The problems which have confronted
the board OF canvassers ana returhhs
board have only cropped up In tne years
since the Australian ballot has peen useu
and a definite decision on the matter Oh
marks of any sort on ballots In addition
TO the cross will be welcomed ana now
that this point has been raised II IL pro
bable that many OF the lawyers OF poth
parties will take the opportunity II IL Is
afforded OF placing themselves on record
in regard to the matter.
Where there have been rulings In the
past. they have been chiefly local, by the
various returning boards and not placed
on record so that the others do not pene-
At by them.
when the state returning board started
in on the count yesterday, Granger piu-
the Third ward IL was dropped to 7s. Sti-
ness having gained 10
In the next district Judge Stiness gained
80 net reducing Granger's plurality TO 40
and In the third district II was lowered 10
2s
In the fourth district which was finished
last night after seven o'clock there was
a net gain OF four Tor Mr. Granger ihhh-
ing his plurality s2
This morning I'm the Fifth district OF
Ward the board. found net gain OF
nine for Granger making his plurality
2e votes.
Messrs Comstock and Gardner and
Aldrich then appeared and presented their
formal protest against the throwing out
OF certain ballots as previously referred TO
Their protest is as follows
MIR. GRANGER's PROTEST.
To the Members OF the State Returning
Board. Frank e. Holden. Esq, Chair
man:
conference.-the undersigned, one OF the
candidates for the office OF representa-
tive IN the congress of the United States
for the First congressional district or this
state. respectfully protests against the
methods adopted and now being followed
by you in counting the ballots cast for
said office at the election held on Nov.
8. 1904
He is informed by those whom you
have courteoI Isly permitted to represent
him at said court. that you have adopted
and are acting I'm accordance with tho
following rules or principles among
others:
/. That all ballots upon which the voter
has placed any mark by which IL may
be afterward identified as the one voted
by him are 70 be rejected and not
counted
g. That all ballots bearing such iden-
tifying marks are presumed to have been
so marked by the voter and are to be
by you rejected and not counted.
g. That all ballots bearing marks. such
that your board r. unable TO determine
whether they we're made for the purposes
| OF Identification, are to be presumed "a
have been marked for that purpose and
are TO be by you rejected and not counted
All these principles or rules arc with
/ out warrant OF law
Chapter II OF the general laws OF Rhode
Island. entitled "of Election by Secret
4 Ballot" under which the election for this
office was held. and under which you are
/ proceeding In counting the ballots cast
for this office, provides in section 3sNhst
mo voter shall place any mark upor
his ballot by which II may be after
wards identified as the one voted by
him." and in section AZ, provides PEN
| atty Tor so uOlng, Dul lnc law noWHeIt
provides that ballots so marked shall not
be counted. On the contrary the Law
does provide In section II Of the same
chapter Just what classes OF ballots shall
not be counted The language OF that
section is In part, as follows: II a
voter marks more names than there are
persons to be voted for. for an offlce OF
II for any reason II Is impossible to de-
termine the voters choice for any office
to be filed. HIS ballot shall not be count
ed for such office" II Is ballots OF this
character, and by necessary legal infer
ence. ballots OF this character alone which
can legally bo rejected and not counted
Again, n by any possible construction
Of the law. ballots marked for identifca.
ton by the voter are not TO be counted
(which the undersigned denies) such bal.
lots are illegal only when so marked by
the voter. and this must affirmatively
appear An elector cannot be deprived
Of his franchise by the inference that
mark which appears upon his ballot wa,
made by him when Il may. with eaua
likelihood have been placed there b,
any one Of the many persons who handl'