Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-04-18
DEFEATED DEMOCRATIC cANDl.
DATE FOR MAYOR NOT
SATISFIED.
OTHERS DISAPPOINTED

j. E. Hull Files Papers In Contest
Against Frank Gone for Office Of Al.
dernan at Large. p. Anderson
Would Gust w. w. Cummings, Re.
Elected Park Commissioner.
From Mondays Daily.
Praying that the recent city election
be set aside and held for naught be.
cause, as 1t is alleged, the use Of the
voting machines in that election was
unconstitutional, unauthorized by law
and not legally provided for by the
city council, T. J.Phillips, defeated DEM
ocratic candidate for the Office OF
mayor, has filed a suit with City Clerk
w. r. Warren, contesting the election
of B. f. SHUTS, the successful republic
can candidate. J.E.Hull, defeated demo-
cratic candidate for alderman at large
and j. P. Anderson, defeated demo-
cratic candidate for long term park
commissioner, have filed similar con-
tests respectively against Frank Cone
and w. w. Cummings, republican cam
didates who were declared elected and
who are the present incumbents Of the
offices. The contests were filed with
City Clerk Warren shortly after 4
O'Clock Saturday afternoon by At
torney w. w. Rankin.
In addition to the charges OF un-
constitutionality, unauthorization and
lack of legal provision for the use OF
the machines by the city council pre-
ylous to the election, 1t is alleged that
there was misconduct on the part Of
the judges in the polling places in all
the wards of the city as result OF
which the balloting was not secret.
Attached to each of the petitions al
so, there Is a list of names of persons
who, 1t is alleged, presented them-
selves at the polling place in the sec.
3ond ward but were denied an oppor-
tunity of casting their ballot by reason
OF the breaking down of the voting ma
chine If that ward. 1t is alleged that
there was sufficient number Of these
voters to have changed the result OF
the election.
VIII Require Three Hearings.
The contests as filed will require
three courts Of inquiry. The law pro-
v1des that each party in a contest ap-
point one man and that these two men
shall with the mayor of the city form
the court of contest. In the mayoralty
contest, in which Mayor Suits is an
interested party, the city council will
name the presiding officer of the
court.
Should there be an appeal from the
decision of any or all of the courts of
contest the matter will pass into the
hands of the district court and then
proceed in the customary legal chan
mel. No steps further than the filing
Of the papers have yet been taken in
any Of the contests.
How the Vote Stood.
The official figures as returned by
the canvassing board for the Offices OF
mayor alderman at largo and long
term park commissioner, for which Of
fees tt contests are flied, are as fol.
lows:
For mayor
B. F. SHUTS, (R) :. ;. ...... 2,199
T. J. Phillips, CD =. 80. 80. 2,11r
w. G. Minnick (S) !. >. -. 245
Suits plurality, S8.
Alderman at large
Frank Cone, (R) =. .......... 2,163
j. e. Hull, Cd ;. 2,141
Cones plurality, 16.
Long term park commissioner
W. w. Cummings. (R) -. 2,193
j. P. Anderson, CD >. !. 2,166
Cummings plurality, 49,
Petitions Almost Identical.
The text of the petitions in the three
suits are identical except the names
of persons and the offices concerned.
The petition filed by t. J. Phillips in
his contest for the Office of mayor
against B. F. SHUTS is as follows:
I'm the court of contest of the city
|of Ottumwa, Wapello county, Iowa.
I'm the matter Of contest Of T. J.
Phillips for the Office of mayor of
Cttumwa, Iowa,
"T. J. Phillips, contestant, vs. B. r.
Suits, incumbent Statement Of con.
test.
Comes now T. J. Phillips and states
that it is his intention to, and he here
by does, contest the election for the
Office of mayor Of the city of Ottumwa,
Iowa, held on March 27, 1905,
whereby B. F. Suits was de.
clared to be elec. ed and is the present
incumbent and for reasons therefore
states: That he is and was on said
date qualified to hold said office.
THAT at said election SO held in the
city of Ottumwa, and in each Of the
wards thereof, voting machines were
used for the purpose of voting and no
ballots were prepared by the proper
officers for the holding of said election
as the law provides; That the use OF
said machines was unconstitutional,
unauthorized by law, nor was their
use legally provided for or authorized
by the city council of Ottumwa. Iowa.
prior to said election, nor were the
machines SO used as are authorized by
law
"That there was misconduct on the