Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-01-30
Sen. PURCELL
Makes Final Argument in
Behalf Of Contestant
in Washburn VS..
Crane in Senate Committee
Case Probably De-
Cided Today

Richland county was the feature of the
session of the committee of the whole of
the senate in the contest case of Wash
burn VS. Crane yesterday. Mr.. Purcell
took up the case for the contestant,
Washburn, and for nearly an hour he
presented the case Of the contestant logi-
cally and ably. At the close of his ar
gument the members of the committee
took recess until 1920 this morning,
when it is likely vote will be taken
upon the final issue Of the contest.
Among other things, Senator Purcell
said
The legislature of this state, with the
approval of the governor, has placed "a
law upon our statute books regulating
lection. In this connection the speak.
er quoted sections GA and 615 of the
North Dakota code, covering distribu-
ton, color, etc, of legal ballots. SO
that. you have a law which says that
only those ballots which are printed by
the county and sent out by the county
auditor can be voted at any general elec-
ton Now that law is plain; it is not
unreasonable. 1t has for its purpose
the intention TO have the elections regu-
lated by the county authorities according
to the law as it is enacted Now the
next provision says that all ballots shall
be white and of uniform quality of
paper. Now these three distinct and
separate provisions, namely All ballots
shall be sent out by the county auditor
at the county expense, and no ballot
shall be voted except that sent out by
them as an official ballot, and all ballots
voted at election shall be printed on
white paper, with black ink
low, Mr.. Chairman, the testimony
in this case shows tina There were three
ballots cast, neither of which came
within these provisions. They came
within another provision, namely That
it IS the duty Of the county auditor to
send out FIVE days before election sam
pie ballots printed on tinted paper, SO
that the voters may see and ascertain
how he may express himself IN regard
to the election Those ballots are not
legal or lawful, but simply sample bal
lots to instruct voters how to vote. I'm
disputed testimony shows that in this
case there was a co1ored ballot counted
/. for Mr.. Crane in the township of Hope.
the law IS binding upon u.s. that bal
lot was illegal, and should be deducted
from Mr.. Cranes votes Another coll
ored ballot cast for Mr. Crane in Hope
should also be deducted Z
Mr.. Purcell here passed to the ballot
voted at Hope in which crosses APP
peared at both party squares at the head
of the ticket, and marked in the republi-
can column down until it came to Mr..
Cranes name and then stepped over and
crossed Mr.. Washburn' name 1t was
"a legal ballot, Mr.. Purcell contended,
and the judge should have attempted to
arrive at voters intention, which he
thinks was made plain by the cross OPP
posite Mr. Washburn's name.
Z Also the ballot with the cross in all
republican squares and a cross in Mr..
Washburns square, the speaker held TO
be a legal ballot, that the judges were
called upon to determine, and if they
found that the square near Mr.. Wash
burns name specifically marked the yot-E
ser's desire in regard to state senator,
then that vote also Mi. Washburn
should have.
He Chased the Willow Lake ballot
under this rule--the ballot in which the
names Of both candidates were crossed
and that opposite Mr.. Cranes name par
tally erased. Here he called for the
record and read extracts from Mr.
Thomas testimony favorable to his
point.
Senator Rice asked that the balance
Sof the testimony along that line be also
read at this time, but did not urge his
request when it was stated that it would
take some time 10 find the place.
Mr. Purcell referred to the other wit
ness on this subject but named him as
a mere bystander, one only casually in
terested in the ballots, while Mr. Thorn
as, being one Of the Judges Of election,
would examine the ballot much more
carefully and his testimony should ac-
cordingly have more weight, he claimed
Considerable time was given to the
Officer vote where a man living in one
precinct voted ID another ssIf Officer
car leave his ward and 60 into another
and vote and have his vote counted, then
Just think how easy il would be for one
hundred Officers to do the same The
law says a man fnusf vote where he re-
sides and you cannot Justify any other
coufs Z
Senator Macarthur here wished to
know If II was known positively for
whosn Mr. Officer voted, MI. Crane Of
nj Eashburn