The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1906-10-12
CLERK OF COURT
CONTEST CASE.

Mandamus proceedings, Instituted
last week, were heard Saturday be
fore Judge Winchester, in chambers
to compel the canvassing board of Nc
Lean county to recanvass the returns
of the recent election, so far as il
affects the vote on the Office of clerk
Of court, and especially precinct No
SO, from which no official returns were
made at the time of the official can
vass.
The candidate for the Office of clerk
of court On the straight republican
ticket was Gottlieb o. Raugust, OF
Goodrich, the candidate ON the in
surgent ticket was Frank G. Malloy
of Underwood. According to the can
vass the vote between these two gen
tlemen stood 1015 for Raugust to 1913
for Malloy, and in accordance with the
canvass Raugust received the certif
cate of nomination.
The case was called at 2 o'clock be.
fore mis- honor Judge Winchester,
Messrs. Newton & Dullam, of Bis.
marck, and O'Hara, of Garrison, ap.
pearing for Malloy and States Attor-
ney Nuessle representing the can
wasting board of Mclean county.
After the case had proceeded for a
short time the Judge announced that
he had received some correspondence
in relation to this matter that might
have some bearing on the case and
brought forth from his letter files a
letter dated July IL, 1906, from Mr..
Malloy, true copy of which is as fol-
lows:
Underwood, N. D., July ~, 1906.
"Hon. Judge Winchester;
Dear Sir: In the recent primary
election held in this county of Sc
voting precincts, one was not heard
from, that is Precinct No. SO made no
report or returns of election. With
out this precinct Mr.. Raugust has me
beat 1913 to 1015 for the Office of
clerk of district court. Ten ballots
were cast in this precinct No. SO, and
got eight votes of the ten. OF course
as this precinct made no returns
officially it could not be counted. If
it haG ozly made returns to the county
auditor it would have put me in Office.
This precinct is in the very northern
part of Mclean county, township $50,
range sc. l was up there yesterday
to interview the Inspector regarding
the matter. He is Ion his way to
Washburn with the returns. Attorney
Nuessle advised me to write you and
ask you to order this precinct counted
and fully recognized. The poll books
are all fixed out in proper form, and
the reason of not counting this pre-
cinct was on account of making nc
report or returns. Now, Honorable
Judge, feel as though l deserve the
full count of this precinct, and the
fact of the returns being delayed
should not be brought to bear so hard
upon me. I hope that you will dc
what is fair and just with me in this
matter. l honestly think that it il
but fair that 1t should be counted, and
not let it slip simply because it is late
or because the officers have beer
slack in performing their duty. Will
you please advise me at once as tt
your opinion. Yours very truly,
Frank G. Malloy,
I Underwood, N. D."
This letter YVES read in open court
and after some discussion of the mat
ter and the raising of some law point:
Judge Winchester insisted that he die
; not feel, in view of this correspond
ence, and the phase it puts on the
, case, that it would be proper for hin
to sit on the case and he would there
fore call in another Judge to hear the
case. Accordingly he wired to Judge
Burke of Valley City who agreed Il
be on hand Monday the 8th inst.
At this juncture Attorney Nuessle
announced a willingness to compro.
mise the case by agreeing to re.
count of the votes before any dis
trict Judge that might be named by
the opposing counsel or even before
, Judge Newton, himself counsel fol-
Malloy. Both propositions were de-
clined.
Attention of our readers is called
to the letter of Mr.. Malloy. The
: primary election was held on June
10Th, the canvassing board met on
the 10Th of June according to law
and canvassed all the votes returned
according to law. 1t will be noticed
that precinct No. sc, better known
as Blue Hill precinct, in the north
, western part of Mclean county.
township $50, range SO, had made
no returns to the county auditor.