Bisbee daily review., 1906-12-07
HARD|KER SIGNS COMPLAINT IN
 CONTEST
Attorney Cunningham Files Pa- pers In Douglas Election Contest Alleging Fraud ana Irregularities,
lSpecial to Review.l


 TOMBSTONE, Dec. 6.-The contest papers in the case of George Hardiker vs. Ben Rice over the election of the latter as justice of the peace of the Douglas judicial precinct. were filed in the office of the Clerk of the Dis trict Court late yesterday afternoon by Attorney D. l.. Cunningham for the contestant, Hardiker. In the event of the rejection of the returns from voting precinct No. 4, which is the one contested. besides determin. ing the election of Rice or Hardiker will change the hold-over supervisor from Bowen to McCabe.
 As the matter now stands as re. gard to the holdover, Supervisor J. J Bowen has lead over McCabe of only 26 votes, while the vote for the respec tive supervisors in that precinct was Bowen, 251; McCabe, 219, a difference of 32 votes in favor of Bowen, which if taken away from his total vote. would leave McCabe the hold-over with a majority of six votes.
 The official canvass of the vote of precincts Nos. 4 and 4 1-2, at Douglas indicated the election of Ben Rice as justice of the peace by majority of 19. The contest is based on alleged irregularities in the conduct of the election board in precinct No. 4, and the contestant prays that this entire precinct be thrown out. If this is done, Hardiker's majority as shown by the vote in precinct No. 1-2 would be 12.
 The complaint alleges malconduct on the part of the judges and other of fcials of election in precinct No. 4. It further says that J. J. Jackson, one of the election clerks. was not resident of the precinct in which he served as clerk, and further alleges that none of the election clerks were sworn in. Further allegations are to the effect that after the polls were closed, that the election board did not immediately proceed to canvass the vote. and that previous to doing this. removed the ballot box from the polling place and at that time the electfoE board sepa. rated and one of the judges, A. Y. Wright. went to his home. During the absence of the judges from the polling place. it is alleged, that the election supplies. ballots. etc. wers left there unguarded and also the judges failed to count the ballots ana see that they agreed with the polling list of voters.
 Complaint Is also made that the bal lots were taken out of the ballot bon by the handfulls and strewn around in a permiscuous way, and that al times during the count some of ths officials were absent from the polling place or asleep, and that one of the clerks was not present during the can vass Of the ballots.
 It is further alleged that while the board was making the canvass of the votes that 27 ballots voted and cast at the election were taken from the ballot box and replaced by others which had been fraudulently marked or not having any vote on the ticket whatever as to the choice for justice of the peace. The contestant alleges that 8 recount of the ballots now de posted with the board of superyis ors would not be a recount of the he gal votes cast at said election.
 Wherefore, the contestant prays that the court throw out the entire returns from the canvass of the vote of the precinct.
 Besides the determination of the contest case there is likely to be in iected Into the case the fact that there is considerable money at present tied up as a result of bets made by c. A Overlook and others on the result oi the election of justice of the peace