Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-01
IE-UP N DALLAS
Of VIDE EFFECT
Hull-prouty Contest May Pre-
vent Election in Seventh
District
COURTS MAY HASTEN CASE
COURTS MAY HASTEN CASE
That Ruling Will Be Sc
cured and Supreme Court Induced to
Hear Matter Before Eieetion-situ-
alton Grows Complicated and Grim
inal Prosecutions Are Hinted.
peclal to Times-Republican.

Special to Times Republican.
Des Moines, July 1.-There is pos
sibility, and bare possibility only,
that the legal tangle over the nomir-
atiorl for congressman in the Seventh
district in which Congressman ]. A. L.
Hull is attempting to play the role OF
the injured innocent, may be straight
ened out in time for the November
Lawyers all agree that 1t Is
doubtful. Some of them insist that
1t Is impossible. In the meantime the
matter Is of far greater Importance to
the state at large than people sup
pose, and almost necessitates some ar
rangement for settling it. Until the
Dallas county returns can be certified
by The board Of supervisors the cleo
ton ballots cannot be printed in Dali
las county and no election can be held
there on any office. Until these same
returns are certified to the executive
council there can be no election IN the
Seventh district outside OF Dallas on
congressman and there can be none
anywhere in the state on any state Of
ficers, for the executive council can
not certify the returns till all coun-
ties are in. If it were possible to GER
tify the returns with one county out
Prouty would get the nomination for
congressman in the Seventh, for with
out Dallas he has a majority.
The one possibility Of the courts be-
ing able to straighten out the tangle Is
in the possibility that the Dallas
county district court which meets
September 2, will decide the case in
side a few days and that the state su-
preme court will advance the case and
hear it when it meets September ~
and announce a decision at once. And
this depends on an equity action being
dismissed.
The general election this year comes
on November 8. The law provides
that the secretary of state must certi-
fy the names of the nominees in the
order they are to be placed on the ball
lot to the county auditors at least 15
days before the election. Fifteen days
before would be Oct. 10. The second
sitting of the supreme court for the
September term is October 20 and to
court would be too late, for the secre-
tary of state must have the ballot IN
the hands of the county auditors on
Oct. 19.
Judge Nichols to Hear Case.
When the Captain Hull injunction
proceedings which he brought to pre-
vent an honest count in Dallas coun-
ty comes on for hearing it will be on
September 2 in Adel before Judge
Nichols. The lengthy. opinion of Judge
Gamble delivered when he granted a
temporary injunction will be of no
weight at that time. The hearing be-
fore Judge Gamble was Gin chambers"
as the lawyers say, hearing before
the judge at his house and not in court
in public. Usually only the applicant
for an injunction is heard and the
other side is not notified and gets no
hearing at all.
The situation in Dallas county Is
rather peculiar. Judge Prouty is not
represented at all. There were two
candidates for county auditor and one
Lode got defeated by four votes. He
asked for recount and while the at
torney for the other candidate resisted
the recount he was forced to give in
and admitted that the contention OF
Lode was right and that there were
sufficient grounds for a recount. Con-
s,ressman Hull with an eve to busi-
mess allowed the vote to be counted
on county auditor, this being counted
first and his friends stood by and made
a transcript of the vote on congress-
man. To their dismay they found that
Prouty would gain about Is votes If
there was a recount on congressman,
so they rushed to Judge Gamble and
got an injunction to stop any further
count, for with the returns from Dali
las corrected Prouty would have the
in the district
Hull Plays Dog in Manger.
Now Hull is assuming the dog In
the manger role. He knows that with
the count all corrected Prouty will
have the nomination and his only hope
of winning therefore is to prevent that
recount and he is willing to tie up the
entire state ticket in order to prevent
it.
The Dallas county board of super
visors has employed Ex-senator
Thomas Cheshire to represent it in the
proceedings which come up again be-
fore Judge Nichols IN September. He
appeared before Judge Gamble and
showed that the law states that the
board Of supervisors can make re-
count. The primary election law says
that any candidate "can require the
board" to make recount and says
that the showing as to fraud or errors
must be specific and then says: II
such showing is made to the sausfac-
ton of the board. thereupon the
board shall recount the ballot" 1t was
on this that Senator Cheshire argued
thai tha hoard was the sole Judge ~