Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-25
Attorney General Byers Holds
No Other Body Has Power to
Fill Court Vacancy
COUNTIES MUST FIRST MEET.
Byers Rules That Delegates Selected
at Recent Primary Must Assemble in
Each County and Name New Dele
gates to State convention-centra
Committees May Make Calls

Des Moines, July 25.-Attorney Cen
eral Byers today decided that the va
cancy in the supreme court must be
filled at the general election next No
vember and that the proper means Is
for the state central committees to
call state conventions, the delegates
to which are to be selected at county
conventions composed of the delegates
selected by the primary last June.
Byers holds that state convention
selected under the old caucus and con-
vention system would not be- illegal,
but that the other would be more in
keeping with the spirit Of the primary
election law. He holds that the NOM
ination must be made at state conven-
tions.
Fifty illegal Ballots Found.
AT the primary election Of June 2,
in Sugar Grove township in Dallas
county, certain kind Of paster was
attached to about fifty ballots.
On, this paster was printed the
names OF the candidates for delegates.
In front Of each of the names was
printed an election square as on the
official ballot. In this square was
printed cross.
When the board of. supervisors OF
Dallas county reached these ballots
yesterday at Adel Thomas A. Ches-
hire representing Judge S. F. Prouty.
objected to their being counted, be-
cause the printed cross in the printed
square constituted such a distinguish
ing mark, IN the Judgment Of Judge
Prouty's attorneys, as to make the ball
lots absolutely Illegal.
The supervisors declined to throw
out the ballots.
Whereupon Mr.. Cheshire said good
by to the board and came to Des
Moines on the then waiting train. Here
he declined to discuss the matter Eff
fort to reach Judge Prouty resulted in
the belief that they were in conference
downtown.
1t is understood that the supervisors
expect to complete the recount as to
congress in Dallas county today.
If legal procedure is invoked on ac-
count of the decision Of the board to
count the ballots of which complaint
was made by Judge Prouty yesterday,
and on which the claim OF Prouty as
to the gains in Dallas county is said
to have rested, chiefly, 1t could follow
or be delayed.
Attorneys who have considered the
question declare that the ballots plain
ly were identified by the printed
square. On the other hand the friends
of Congressman Hull say that the in
tent of the voter should govern.
1t is said that II certiorari proceed
ings were undertaken to permit q court
to pass on the legality of the ballots
involved, it would be based on, the
contention that the ballots are illegal
as a matter Of law. 1t Is said not to
be question Of fact, but that the ball
lots are fatally defective under the
law as to the Australian ballot.
Judge 8. r. Prouty gained eight
votes in the recount Of the congress
sional vote Of ten precincts in Dallas
county yesterday, but his supporters
have practically given up hope that he
will overcome Captain HulPs original
lead Of $50.
Seventeen of the twenty-five pre-
cincts in Dallas county had been re-
counted by the board Of supervisors at
the end of the day, with a net gain Of
only nine for Judge Prouty. 1t is ex-
pected that the work of recountfng the
remaining five precincts will be COM
pleted by 2 o'clock this afternoon.
Those to be counted are Dallas town
ship, Spring Valley township and
three wards in Perry.
The Prouty men admitted that his
chances of overcoming his opponents
lead were practically gone at noon
when the board of supervisors refused
to throw out forty-six contested ballots
in Sugar Grove township.