The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-16


diauoia or McCook should be declared
the county seat At this election IN ad.
difion TO the ballots which were cast ano
counted for the ContcstnE towns thert
were three blank ballots cast. one balloi
rejected two ballots distinguished ant
lstered AS voting and whose ballots wet
unaccounted for Ia reference o this un
de, a law which is practically the sam,
as ours. the court IN the discussion Of tht
cese Estate ex rel Hocknell VS. Roper
l6 Neb., 724. 81 n WI. 15S). said
The meaning OF tie law is that &
county seat OF q county shah not be re-
located az any place unless three-ffth'
OF all the electors Of the county shal
express their win to that effect by theli
votes at an election held for that pur.
pcse: and the law presumes that whet
such an election Is held all the elector,
Of the county vote ni such election. The
votes cast for Indiauola and for McCOok
the hi ee bank ballots cast. the one bal.
lot rejected and the two ballots writer
for McCook and moi counted. do not con.
stitute the entire vote cast. There wer
on the poll books OF the various votint
places recorded as voting the names O,
237 electors The votes OF all these elect.
ors are accounted for except %. But A.
the % electors registered as voting. We
must presume they voted either blanl
ballots. o. FOR some place otaer thar
either McCOolS or Indianoa. Those bal.
lots, though unaccounted for constitut,
a part Of the whole vote cast. within
tNt WltUNlnk OF tilt statute.
Il will be noted that while the differ
ent cases to which we have called atten.
ton whore the question was Involved a
to What should be included in maxing vi
the total wnCre a majority OF votes cas-
on the proposition was required to carr
ii. hold that mutilated ballots. that is un
lntelligible ballots. those which show al
effort on the part of a qualified elector t.
exercise his lawful right OF franchise
should be counted. there are In some In,
stances flat contradiction and differ.
ence OF opinion among them as to wheth.
er or not ballots on which the voter hat
placed some distinguishing mark, mani
Testing Il fraudulent intent to distinguish
the ballot, and those ballots which ar,
cast blank. should be counted. In spe.
cial election to locate "A county seat unde,
our constitution where all the ballots ar
p eserved both those which are counted
,or the different Contestants as well a.
those which the election officials refus
to count for any one Of the statutory rea
ions or on any account, we are of th
opinion, that on the better reason as we
rs authority, fraudulent. distinguished
ballots, Illegal ballots, such a. thcsa cas-
by parties not qualified and blank bal
lots, should not be counted In making
the whole number OF votes cast Hop
n. w, 536, Murdoch VS. Strange 80 Md
80. American and English Annotate
Cases. 66, state eN Lane VS.. O is. 6S NeS
Ic sey Law. 6i ~ AL, 305. County Sea
IF Usage County. l6 kan. 296. Clearl
the efforts Of those who seek to perpC
trdtc "A fraud upon the election or us
the election Tor fraudulent purposes
| their own. ought not receive any recogni
ton "a the hands OF those who are charg
/ I'd with seeing that the same IS fairl
held ana ~ correct result asceTtained an
declared. Neither snould those who 3
to the polls which are opened for the pui
pose of holding AN election and who tai
40 part therein further than to
through he empty form Of casting a bal
tahF - tVtsa f..Is
Gated The clector who casts a blan
ballot manifests but one purpose and M
tentiou. which is TO allow and PERM
thosc who do vote upon the propositio
to determine II. so In our iudgmen
the ota to be considered the whol
number OF votes cast upon which the ma
jority is estimated. should be made
Of those votes which are counted for IN
different propositions and those whlc
have been east by the qualified electoi
Of the county making an honest thoug
ninielligihle effort 20 participate in IL
making OF the choice. This concluso
IN our judgment not only has sound ren
son ana justice TO support u, but ais
the weight OF judicial expression OF III
courts Of the United States Nhee TN
same has beet before them.
Vhe selection OF a permanent count
sent FOR n county is a matter OF grea
Importance. not only to the differei
cities or localities competing. but ais
| To the citizens of the whole country. an
lone Of them should be deprived OF the
constitutional right of casting ball
| and having the same counted Thereon
except where they are In some way q
| fault The ballots held mutilated in IA
case at bar and which were not counte
| ~ the cferee were made up PRACTICAL
altogether Of those which clearly shot
| that by accident or ignorance and not de
| sign they we're unutelligihle and coul
not for this reason properly be counte
| for either OF the places. lf dlfferen
rule than the one which we annount
were to govern. then county seats migl
| nOt be located IN many Instances bv Ia
| deliberate choice OF a majority Of thu
| lualified electors casting votes thereon
| but by chance as result Of Ignorance
/ Or accident over which the electors eX
| arciSed no control; for contests are oftef
| lose, and a few votes either way oftAi
! ie .ermine them. and clearly it's place o
| location should not be determined by les
| thau majority OF the ballots cast BY th
| Qualified electors making an honest ei
/ fort 70 vote upon the proposition Nea
| al of the ballots over which counsel cor
| tend ms; stfenuousy, we're hose WhiC
we're stamped for one or the other OF a.
| towns, and then folded so that the IN
became Smeared and daubed until II wa
| impossible to ascertain with any reason
| able degree Of certainty for which plac
| the ballot was Intended. Were we to Dc
| clare the rule contended 70 b. counst
| for Checotah IL might often happen the
/ fery much less than majority Of N
qualified electors of couIty who at
! ended the polls and cast legal ballob
! would determine the location of the coun
/ ~ seat. This VIC do not believe to haV
| leen the intention of the trainers OF on
| constitution, and we canpot so hold.
| II therefore follows that the petition q
! he relator will be sustained and anothr
| lection called hv tho prope authoritic
In Mcintosh county at which Eufaula an
fhecotah SHAH be the participants she
| laVlng received the greatest number q
les ~ the election Just held
| Williams. O. j.; Hayes J.. and Turnei
J.. concurringi Kane. D.. ussonts.