Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-05-08
NMA|NS KEEPS
SEAT ON COUNCIL
Contest Board Counts All Bal
lots of Fourth Ward, Find
ing Plurality of 8
COUNT SATISFIES
HERMAN
Lator Provision Of Iowa Law, Regard
ing Counting Of Ballots, Makes tho
Difference Of One Vote in Favor of
Herman--Msyor Ingledue, T. F..
Bradford and 7. II. Bondage Act 40
Judges.

The contest brought by George Her.
man, defeated candidate for council
man in the Fourth ward at the recent
municipal election, WAS heard this
morning In the council chamber, be-
ginning at O'clock. Robert McMains,
who was declared by the Judges or
election to have a plurality OF eleven
votes over Herman, will keep his seat
on the, council, as the contest board,
after It's count, did not change the re-
suit materially. The board fixed the
plurality at 9, finding one vote in favor
of Herman. This is accounted for by
d later Iowa law regarding the count
Ing of ballots. found In the code sup-
plement. The election judges had not
been advised, and one ballot, In which
Hermans name was written In and
the square not crossed, was thrown
out. The contest board found tho
supplement to declare that such votes
shall be counted, consequently the
slight gain In favor of Mr.. Herman
The contest board was composed of
Mayor Ingledue, who served by virtue
of his office; r. r. Bradford. for the
incumbent; and T. IL. Bendlage, for
the contestant. City Clerk Derby act
ed as clerk of the board, and two of
the election judges, Byron Webster
and j. III. Johnson, were examined as
witnesses. The entire vote of the ward
was gone over carefully and counted
and checked up by the members of
the board. A total of 47O votes was
found. which colncided with the return
made on the poll books by the Judges
OF the election on the night Of election.
OF this number McMains was found to
have received no. as against l67 re-
ported by the judges; and Herman 16l,
as against 1856 Bartley's vote was 81;
there were slxty-eight ballots on which
the councilman was not voted for at
all: and four defective votes, where
more than one candidate for the same
office was voted for.
The difference in the total findings
OF the contest board and the election
Judges, between the vote OF the incum-
bent and contestant. Is due TO I'VE
votes for each candidate, In which the
name was written in and voted for,
besides being voted for in the regular
column in which the name was print
ed. The intent OF the voter was shown
and the board held that the five votes
for each of the candidates should be
counted. The four votes that were
not counted. and neither were they
counted by the judges of election, We're
those In which the voter had voted for
two candidates for the same office.
After the count had been made the
ballots returned as unused on the
night of election were counted. Eight
hundred ballots were delivered to the
Judges by City Clerk Derby on the
day of election. Four hundred sew.
enty of this number were voted, and
the unused ballots were found to be
1913 in number, making a total of 1913.
There were two ballots spoiled in
marking, that were not counted at all.
so that every ballot delivered to the
judges was accounted for.
Mr.. Herman, when asked II he was
satisfied with the count, replied that
he was. but that he was not satisfied
because the costs were taxed on him.
The costs OF the contest amounted to
SIS, and Herman said he would ap-
peal to the district court, in an effort
to have the costs taxed to the city.
The Judges, clerk and witnesses, how
ever, all declared that they would be
willing to remit the costs, so Mr.. Her.
man is now satisfied In every partic-
MAR