Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1906-10-31
VOTING MACHINES
WILL BE USED
NEXT TUESDAY
SUPREME COURT ANNULS JUDGE HOB.
SONS TEMPORARY INJUNCTION.
THE OPINION IN FULL.
Fight Over the Voting Machines is Finally
Won by the Voting Machine Company.
Machines are Being Distributed
for Use Next Tuesday.

avs oSS ANSAs AoSSuoy'
Wednesday afternoon telegram
reached Decorah stating that the Su-
preme Court of Iowa had annulled
Judge Hobson's injunction restraining
the Board of Supervisors from accept
ing and using the voting machines
recently purchased by them until the
matter was finally decided in due
process of law. The history of the
case is too well known to need repeti-
tion. Every phase of it has been
given much publicity and it has been
talked over at every fireside within
the county. The decision of the Su-
preme Court seems to us to be
Knockout blow to those fighting the
use of the machines, about the only
question being left to determine in
the trial in court being that of fraud.
The machines are being prepared for
use at the election, and the Board of
Supervisors has authorized their use.
Voting will be by the voting machine
and by this method only.
On account of the wide spread in
terest in this matter, we have gone
to the trouble and expense of printing
the complete opinion handed down
by the Supreme Court, which follows
This is proceeding by certiorari
to annul that portion of an order en-
tered by the defendant as Judge of the
Thirteenth Judicial District holding
the District Court in and for Winnie
shiek county, granting temporary
injunction at the suit of one H. @
Hjerleid, plaintiff, in an action
brought in equity against Winneshiek
county, the Board of Supervisors and
the Auditor of said county. and the
U. s. Standard Voting Machine Co..
as defendants, by which the defend
ants in that action, Except the Vot-
ing Machine Co., which had not at
the time been served with notice)
were enjoined and restrained from the
use at the election in November, 1906.
in said county. of voting machines,
sold or contracted to be sold or fur
nished to said county by the Voting
Machine Co. The other portion of the
restraining order, of which no COM
plaint is made in this proceeding. en-
Joined and restrained the same defen-
dants from paying for said machines
either in cash. warrants or bonds, or i'll
any other manner, or from issuing
warrants, orders or bonds in payment
therefor. The allegations of the petit
tion in the injunction suit, so far Us
material to the determination of the
question whether the portion of the
restraining order complained of was
proper, were in brief (as appears by
the return made by the defendant in
thisproceeding to the writ of certiOrari
issued from this COURT that plaintiff
Hjerleid was IA resident. voter and tax
paver of Winneshiek County; that on
or about the Sth day of June. 1906,
the defendant, the Z. $. Standard
Voting Machine Co., presented to
the defendant Board of Supervisors
its written proposal TO sell on trial
to the defendant county certain v)t-
ing machines. to be used at the No
vember, 1906 election; that said pro-
posal was accepted and adopted by
tJlt VI iSoi .
that subsequently certain agreement
the Voting Machine Co., and the de-
fendanU county was approved by the
defendant Board of Supervisors and
signed by the chairman thereof under
the authority of the said Board that
in securing the adoption of the written
proposal and the contract above re-
ferred to, certain representations
were made by the Voting Machine
Company which were false and
fraudulent. in that the contract was
not as understood by the Board of
Supervisors, an embodiment of the
written proposal. bus amounted to
an absolute barter sale contract with
guaranty, and not "a conditional
contract as intended by said Board,
and that the Board of Supervisors
never passed any other resolution OF
adopted any other contract than that
authorizing the use of u. s. STANDARD
Voting Machines on trial at the No
vember 1906 election in said county
that the alleged contract above re-
ferred to was absolutely void. tol
the reason that there is no law au
thorizing the use at elections il
Iowa. of voting machines. and tina
Title 6 Chapter ga of the Code o
Iowa (Supplement) is unconstitution
al: that the commissioners appointed
under and by virtue of the authorit,
conferred by section 1870 of Chapte
3-a Title 6 of the Code of Iowa (Sup
plement) has not approved said ma
chine since the enactment of tn
constitutional amendment relating t.
biennial elections, not since the Act
of the Thirty First Gene raj Assembl,
of Iowa in relation thereto, and tina
such approval was necessary to au
thorize the defendant Board of Super
visOrs to enter into any contract TO
the purchase of such machines; tina
section 1870 of said Chapter g.
(Supplement) relating to the use Q
voting machines and providing tina
one ballot may be placed in eac