Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1907-01-09
THE OFFICIAL PROCEEDINGS
OF THE co. BOARD OF SUPERVISORS.
Giving the Details oil the Settlement Of the
Injunction Suit Over the Voting
Machines in this County.
DEBORAH. Iowa. Dec. 26. 1906.

DECORAH, Iowa. Dec. 26, 1906
i:3O p m.-Board met as per adjourn
ment. Members all present and called
to order by the chairman.
Minutes of previous meeting read and
approved.
Moved, seconded and carried. that on
account of Mr.. Nicholson being absent
giving testimony before the Commits
sloner in the case of HI. c. Hjerleid VS..
us. Standard Voting Machine Company
ct al. the Board adjourn to 7:3O p. m.
1870 D. m.-Board met as per ad-
jornment. Members all present and
called to order.
The following resolution was present
ed:
WHEREAS, In the case of Hierleid
VS.. Winneshiek County Iowa, ct al, and
the Z. S. Standard Voting Machine Com
pany, the said Voting Machine Company
has filed a cross petition against the
County; and
| WHEREAS, The attorneys for Win
neshiek County. Iowa, Frank Sayre and
John B. Kaye, have answered said cross
petition with a general denial; and
WHEREAS, Said answer is agreeable
to the Board of Supervisors and was
filed in accordance with the instructions
given to said attorneys; and
| WHEREAS, The attorneys for the
plaintiff, Hjerleid, in the cross exami-
nation of Chairman Nicholson have tried
to make it appear that said answer was
filed without authority by said attor.
neys for the county; and
| WHEREAS, The Supervisors are de.
sirous of putting themselves on record
as to the propriety of such answer; now
therefore be it
RESOLVED. That said answer be and
is hereby declared to be, and to have
been, the right, proper and timely ac-
tion of said attorneys in behalf of said
Board of Supervisors and Winneshiek
County, Iowa, and said attorneys are
further instructed to do all things that
may be necessary in their judgment to
bring the whole case above referred to
to speedy and proper termination.
The vote on the above resolution re-
suited as follows, Nicholson, Hover, Ku-
bish and Wolfenberger voting "aye,'
Jewell voting mo-" Motion was de-
clared carried.
Resolved by the Board of Supervisors
of Winneshiek County that
! WHEREAS, Under date of June g.
1905 the Board of Supervisors of said
Ieounty adopted resolution providing
for the adoption of 27 u. S. STANDARD
Voting Machines according to the pro-
posal submitted then by the u. s.
Standard Voting Machine Company. and
providing for the use of said machines
in holding the general election of said
county on November 9th, 1906. and pro-
viding for the purchase of the same ac-
cording to the terms of the proposal
submitted. and pursuant thereto, enter
ed into contract under date of June
9, 1906. for the purchase of twenty
seven (27) said machines upon the
terms, conditions and guarantees there
in contained, for the aggregate price of
$l1,550.0O, payable at the time and up
on the conditions and terms stated in
said contract; and,
| WHEREAS, At the suit of one H. c..
Hjerleid against Winneshiek County. ct
al, an injunction was issued, temporar-
lily restraining Winneshiek county and
the Board of Supervisors from using or
causing to be used the said twenty
seven L. S. Standard Voting Machines
and from receiving OF paying for the
| same; and,
WHEREAS, Prior to the issuance of
said injunction and on August 81, 1906,
the said machines had been loaded on
the cars at jamestown. New York, for
shipment, pursuant to the said contract,
and upon the arrival thereof at Deco
rah. Iowa, the County being prevented
from receiving the said voting machines
by the said injunction, the said U. S.
Standard Voting Machine Company car
/ al oh ha tnht
and drayage charges thereon; and
| WHEREAS, Thereafter, to-wit, on the
oath day of October, upon certiorari pro-
ceedings in the Supreme Court at the
suit of the said U. S. Standard Voting
Machine Company and Winneshiek Coun-
| ty the said injunction and decree as afore
said at the suit of II. c. Hjerleid, re-
straining Winneshiek county and the
Board of Supervisors from using or
causing to be used the said twenty seven
u. S. Standard Voting Machines for
election purposes at the November elec-
| tion, was annulled and set aside; and
| WHEREAS, Thereafter and pursuant
to the resolution and orders of this
| Board the said twenty-seven voting ma
chimes were used in holding and conduct
| ing the elections in Winneshiek county
on the 9th day of November, 1906; and
WHEREAS, The returns from said
election and from the machines used in
said election have been fully canvassed
by this Board; Now, therefore, the
Board of Supervisors of Winneshiek
county does hereby find and declare that
the said machines have performed the
work of holding the election of Winnie
shiek county for November 9th, 1905,
and of counting the votes cast on said
machines at said election in an efficient
and correct manner, and that in said
election, said machines have fully secur-
cd secret vote and correct count, all
in accordance with the conditions and
guarantees contained in and set forth
in said contract above referred to, and
the conditions of said contract as TO the
construction and performance of said
machines are hereby declared to have
been fully complied with according to
the requirements of said contract, and
that all the conditions of said contract
are hereby declared to have been CON-
piled with fully by the u. S. Standard
Voting Machine Company, in so far as
said contract contemplates that they