Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-23
Vote Is Being Recanvassed and
Executive Council Awaits
Result
CONVENTION NAMES PRouTy
Seventh District Congressional Gather
ing Does Not Wait for Recount, But
Nominates Prouty for Congress
Prouty Will Abide by Recount in
Dallas Unless Fraud is Revealed.
,pecial to Times-Republican.

| Special to Times Republican.
| Des Moines, July 23.-The Dallas
county supervisors are busy recount
ing the votes of the primary and the
executive council will wait till the last
minute possible for the vote to get in
before declaring the results. 1t is ex-
pected the Dallas vote will be in
some time this afternoon.
1t was thought at noon that the con-
gressional convention, which meets at
|, 2 o'clock, would nominate Judge Prou-
| ty as a precaution. 1t may adjourn
| till evening to await the Dallas vote.
Slow Work in Dallas.
Up to noon the Dallas supervisors
had completed but one of the sixteen
townships, without any change in the
results. They say they can not pos
sibly complete the recount before Fri
day. Judge Miller, for Captain Hull,
has prepared papers asking for an
injunction against the executive coun-
Dallas in, and it is expected the ap
plication will be made some time this
afternoon.
Prouty's Attitude.
Following his nomination by the
congressional convention this afternoon
Judge Prouty will say in addressing
the convention that if in the recount
in Dallas Hull is shown to have one
vote in the district more than he, he
will concede Hull the nomination. He
will say further that recently infor-
nation has led to the suspicion that
improper influences that have been at
work are such that Hull now feels
safe over the recount. If convinced of
that Prouty will take such action as
to protect his interests.
Convention Names Prouty.
After nominating Prouty for con-
gress adopting resolutions and listen
ing to his acceptance, the congress
sional convention adjourned to 2 p. m.
on the first Saturday in September.
No Delay, Said Byers.
Attorney General Byers prepared a
formal opinion, holding that the ex-
ecutive council must complete the
canvass in time for the convention
of today to act, this being the last day
on which it legally can nominate. He
says, however, that "the question is
not entirely free from doubt. and re-
gret that so important a question
must be determined without time en-
ough to give to it that deliberate and
oor II
He holds that the contention that
the council is bound to delay it's can
vass until returns are received from
every county in the state, is not well
founded. He says:
'-If this be true. then a situation
might anise, and such situation may
now exist with reference to the Dali
las county returns, that would make
1t Impossible for the executive council
to canvass the returns Of the June
primary and declare the result before
the November election, thus not only
depriving the successful candidate for
congress in the Seventh district Of
his right to make a campaign, and
to have his name on the official
ballot, but in addition depriving every
candidate for the other state offices
Of the same right, and in effect null
lifying the whole primary election.
'eThe reason given for this startling
proposition is that to canvass the
returns and declare the result with
out the returns from Dallas county
would disfranchise several thousand
voters in that county, but 1t seems to
me complete answer to this argu-
ment is found in the fact that to fol-
low it to logical conclusion would
make it possible for the action of a
canvassing board in a single county
to disfranchise the voters In the re-
naming ninety-eight counties Of the
state and nullify the entire primary
election.
"This may be the law of some jur-
isdictions, but 1t has never been so
held in this state and 1 think l am
safe in the belief that it never will
be-
assuming, Therefore. that your body
has performed it's full duty with ref
erence to securing the returns from
Dallas county. it is my opinion that
it is the duty of our board to COM
plete the canvass and declare the re-
suit of the primary election in the
Seventh congressional district not
later than the last day upon which a
congressional convention can be held
under the primary law in such dis
trict, and at which convention nom
ination for congress can legally be
made if none had been made at the
preceding primary. 7 do not, however,
wish to be understood as passing upon
the legal effect of your boards failure
to act by the time stated.
II am simply declaring what firm
ly believe to be the correct interpreta-
tion of the primary act with respect
to the time within which it is made
the duty of your board to canvass
the returns and declare the re-
suit. and while I have before me no
official information as to just why
the returns from Dallas county are
delayed. nor as to just who is re-
sponsible for such delay. at the risk