Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-05-11
ELBOURS DIGS up THE BOOKS
City Clerk Finds Missing" Records and
Still the Plot Thiokens
PLANNcUsATNG TO KNOCKOUT ELECTION
scheme ss Reported - 20 Retain All
old Members in COunciI EH-
cept zimman and 60
seat DahImRn.


City CLERK Elbourn having reached in
the vault in his ONCE and pulled out those
two missing poll books from the First
precinct of the OF the Fifth ward, and a
Few other details Of the plot having been
effectively uncovered by others than Mr..
EIbourn. the condition of affairs involving
the validity Of the recent election and the
perpetuation OF the present city administra-
ton. with the exception Of Mayor zim-
man. is animated. The story in The Bee
Wednesday that the old council majority
and other interests contemplated proceed
ings to have the election nullihed on the
ground OF defects in the voting machine
law and practice has been confirmed.
The poll books were found Thursday
morning after the contest scheme had been
exposed. They we're not lost by any cleo
ton officers. on the contrary, appearances
Indicate they have been in the city clerk s
ONCE at the city hall all the time City
Clerk Elbourn himself discovered the
boaxs under bundle OF Improvement petit
lions and other poll books on a shelf in
the most conspicuous place IN his vault.
one envelope had been ripped open and the
gum seal broken. The books were un-
esrthed in the presence of a newspaper re-
porter, who followed Mr.. Ebourn into the
vault, after the latter had announced he
would make a search for the books Flee
ton Judge w. II. Miller had stated he
was willing to swear he had turned the
books he carried into the city hall over to
IGlbourh personally and that Elbourn had
verbally acknowledged It.
MOrsman Still at Work.
Attorney w. w. Mopsman, who was asked
to prepare an opinion on the legality of
the voting machine law is understood to
be still working on the matter, but has
announced some of his conclusions 20 in
terested persons.
1t is, said Attorney Morsman holds that
the election was absolutely void because
the use OF the machines confiicted with
certain provisions OF the Australian ballot
law and for other reasons. At the same
time the attorney said he had no doubt
the courts would go to the furthest ex-
treme to declare the election valid because
it had. been held in. good faith and the
method, used was not questioned prior to
or at the time. He Is said to have given
the opinion that reasonable hope exists ia
have the election nullihed. 1t is now up to
the councilmanic majority. Back Evans
Dyball Huntington and Schroeder and the
other interested persons to decide whether
or not they desire to preclpitate a contest
How the Matter stands.
man I'm close touch with the situation
describes the plan as follows: TN the
absence OF legal successors the old oficert
would hold over until another election
could be held I'm the manner prescribed by
the courts. Litigation could be prolonged
for year or more, It was argued, In the
meantime the council majority would make
but two changes in the old city admins
tgatian:. First, to remove Harry B. Zim
man from the mayors chair and place
James c.. Dahlman. democratic mayor
elect. there; and second, to elect Petel
Elsasser, NJ. F.. Funkhouser and JEFF w
Bedford, democratic members-elect to tn
body roRs--.tlss---1rsnth, Eleventh ant
Twelfth wards, respectively to fill tn
vacancies in the new wards created
last year. Cause FOR displacini
Mayor zimman could be found II
the fact that he is but tenn
porary Incumbent of that ONCE. to serv
until a successor is chosen according t,
the charter The only two other presen
city Offices outside Of the council affects
would be City Clerk Elbourn and Attorne.
Breen. Comptroller Lobeck and Building
Inspector Withheld have been re-eiecte,
and would not leave, anyway Zimmas
would stin remain i'm the council and b
It's president, but would be shorn of hi
power as mayor The nine councilme
now serving would remain members OF tn
body -
Democrats Look As<ance.
The democrats Thursday morning wer
hardly ready to believe that any such pre-
ceedings were contemplated. Yet the
were anxious and worried about the car
wasting boards delay and the failure I
receive certificates OF election The boar
is composed OF the city council. Tuesds
night the council agreed to meet Wednei
day afternoon at . o'clock and complet
the canvass. but only Councilmen Con
stock, Schroeder and zimman showed u
at the appointed time. The law says tn
canvass shall be completed within te
days after the election. meaning that II
time expires Friday. Efforts were beiu
made by City Attorney Breen Thursda
morning TO bring the board together
the afternoon The charge was mad
openly that the delay has been concoctt
10 give the contestants time to formula
their scheme and carry 1t into executlo
Councilman Huntington was at the eli