Omaha daily bee., 1906-04-11
CONTESTS NAY END IN COURT
RecOunts Of Primary Ballots Show Some
thing that Looks Like Fraud
COURT INQUIRY is NOW TALKED OF
Two Precincts of second and Two In
Fourth Wards DicIose DOctOred
Returns. but No Candidate
VIII Win by Them.

While the contestinE candidates will not
be given the victory, the contest over re-
publican primary returns threatens to de-
velop into a court inquiry of charges of
fraud.
Evidence that republican ballots from the
First and Third precints Of the Second
ward and the Second and Fourth precincts
of the Fourth ward were tempered with
some time between being cast and Tuesday
morning was discovered yesterday by the
board OF primary election canvassers. APP
proximately twenty ballots in the three
first named districts were found to bear
erasures ana markings for other candi-
dates. All the changes were heavily in
favor of Elbourn and slightly in favor Of
Broatch, two Of the three candidates who
Instituted contests. After consulting with
City Attorneys Breen and Herdman, Mayor
zimman and Treasurer Fink. constituting a
majority OF the board, ordered the poll
book returns accepted because the ballots
had been tempered with and changed, and
the board was unable to ascertain the facts
by reason OF this condition.
EIbOurn EKoepts to Ruling.
City Clerk Elbourn took an exception to
this ruling. He did not act upon matters
affecting the recount OF the votes for the
nomination to the office Of which he as
pired-city clerk. He admitted that the
ballots I'm the two precincts had been al
tered and that no doubt existed Of 1t. The
erasures were plain and unmistakable.
Byron G. Burbank, who is acting as coun-
sci for s. X. Greenleaf the apparent win
ner of the clerkship nomination by a
plurality Of 157 votes, pointed out that the
changed ballots in the First Of the Second
showed the crosses opposite the names
OF Hennings and Broatch different from
the others on the same ballots.
With the exception OF these two precincts
the ballots recounted checked approx
mately correct with the poll book returns,
neither Broatch nor Elbourn gaining more
than dozen votes I'm the first four wards
counted; the First, Second, Third and
Fourth. In the four tempered districts FL
bourn gained ninety nine votes over Green
leaf and Broatch thirty-six over Hennings,
nearly all OF them being accounted for by
the erasures and substitutions. In the First
precinct Of the First ward and the Second
Of the Second and the Fifth Of the Second.
the recount showed the returns to be cor
rect. The reports OF fraud which City
Clerk Elbourn says led him to desire re-
count involved these districts The Second
of the Second is Councilman Hoye's district
and IL gave him great satisfaction when
II checked out absolutely correct.
Little shakeup Of Votes.
In the Second of the First where no
tampering was discovered, Broatch gained
four votes and Hennings lost three and
Elbourn gained eight and Greenleaf lost
one.
Because of the prima facie evidence of
fraudulent efforts increasing the votes of
Elbourn and Brostch It is thought probable
an official investigation will be made to
ind out who is culpable. The proceedings
may be before the grand Jury or may be
brought upon complaints to be filed with
the county attornel.1
The recount OF the republican, votes on
the Offices OF mayor and city clerk began
at o'clock after a written opinion had
been filed by City Attorney Breen to the
effect that II was the duty of the board
to proceed without requiring the fling OF
af1davits specifying where errors were be-
lieved to exist In the original count.
The fact that the demand for a recount
of the mayoralty ballots was filed by w.
]. Broatch merely settles the question OF
whether he or A. H. Hennings ran second
to Benson and that much money had been
wagered by well known gamblers and
sporting men at odds Of three to one that
Broatch would finish better than third has
/ injected a flavor into the proceedings that
is not liked by city officials. They say It
makes a thorough investigation Of the
/ tampering all the more necessary.
City Clerk Elbourn was custodian of the
ballot boxes and ballots since they were
| delivered to him on the night Of the pri-
mary election and the morning following.
\ a week ago.
Mayor zmman endeavored to require the
production of specifications and evidence OF
fraud or error before undertaking the re-
count, but was overruled.
Breen's OmcIaI Statement.
In his opinion City Attorney Breen SAYS:
| ! may be permitted TO express the con-
victiOn that this section Of the primary law
/ should be amended at the very neYt lepisln.