davidaulloa/AmericanStories huggingface dataset:
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-05-14

sack which was tied but not sealed.
On the sack being taken from the
canvass box and opened before the
contest court it was discovered that
the seal on the, wire knot had been de-
stroyed. On the count of the ballots
from this township, Doak gained 13
votes over the number shown by the
return to have been cast for him. On
the subject of their count and return
of the votes, the judges and clerks tes-
tify substantially as did those from
jefferson township. ..1 ... ,H
The Office of the county auditor in
the court house consists of two
rooms; a front room and back room
as they are spoken Of The front
room alone is connected by door with
the hall. A door opens from the front
into the back room, and from the lat
ter there is door leading to a closet
outside the building. The office has
no vault, but there is vault in an ad-
joining room called the supervisors
room, and, in respect of this Rowland
alone as far as appears was in posses
sion of the lock combination. Keys to
the auditors office were in possession
of Doak, Rowland, and one Richmond,
the latter being ianitor of the building.
The returns began coming in on
Wednesday morning following the
election, and as they arrived were
taken charge of either by Doak or
Rowland, and placed in the back room
of the Office, and table was placed
across the doorway connecting the
rooms as a bar to free passage. The
last of the returns were received on
Thursday morning and the whole were
then taken by Rowland and placed in
the vault in the supervisors room,
where they remained as far as shown
until the trial before the contest
court. AS the returns from the yarl-
Gus precincts came in, the boxes were
opened by Rowland, and the poll book
envelopes taken out. On the face of
each of these was statement made
by the election clerks of the total vote
for each candidate whose name was
on the election ballot, Notwithstand-
ing the table across the doorway,
newspaper reporters, interested can
didates for the other Offices, county
officials, and the chairman of the re-
publican county committee were al
lowed to enter the back room, and
they were permitted to examine the
envelopes and copy figures appearing
thereon. Each of such persons testi'
fed, however, that they did not touch
the ballot boxes. Both Doak and
Rowland declare that they. one or
both, were constantly on duty while
the office was open and that no one
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-05-14

material one-that the ballots were
not preserved with that care which
would preclude suspicion attaching to
the strange discrepancy found by the
court of contest to exist between the
count of the ballots and the return
made by the election officers. Much
of that which is thus said is applica-
BILE to the case of Prairie township.
Perhaps no reason can be found in the
letter of the law forbidding the audi.
tor to open the boxes and take out
the poll books. So, too, his failure To-
place the boxes in the vault as fast as
received may not ordinarily have been
open to criticism. But he was Gait
didate for reelection, and the two 9th
er persons having keys TO the office
were interested in the result Of the
count of the ballots,--one of them to
the extent Of soliciting bet against
the result of the official canvass. In
view of his position the auditor should
have seen to it not only that the ballot
boxes were not tempered with, but
that as far as possible they were kept
beyond the touch of unauthorized
hands. No good reason appears why
they should not have been placed in
the vault as fast as received. That it
would have been better to have done
so, all must admit in view of the I'M
explained condition of some of the bal
lot packages, and the discrepancy
found by the court of contest between
the official returns and the count Of
the ballots,--a discrepancy which had
effect to change the result OF the elcc-
tion.
On the whole case we reach the CON
clusion that the ballots were not adj
missible in evidence to overcome the
official returns and from this it fol-
lows that the decree of the court be-
low must be, and it is REVERSED
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-05-14

tunity of being tempered with, and
that other persons, other than the con.
testant, have had access and opportun.
ity to tamper with said ballots"
The statute, Code Sec. 1142, pre-
scribes the steps which shall be taken
by the judges of election TO preserve
the ballots after the same have been
counted, as follows: The judges shall
fold in two folds and string closely
upon a single piece of flexible wire,
all ballots which have been counted by
them, unite the ends of such wire
in. a firm knot, seal the knot in such
a manner that it cannot be united
without breaking the seal, enclose the
ballots so strung in an envelope and
securely seal such envelope" The
further requirement is that the judges
shall at once make delivery of the
ballots to the auditor with the poll
book which shall contain a return of
the votes cast. And the auditor shall,
carefully preserve them (the ballots)
for six months" By Section 1143 it
is provided that either party to a con-
test shall have the right to have the
ballots opened and all errors in count
ing or refusing to count, corrected.
The duty of preserving the ballots
lis not a negative one of nOn-interfer-
ence, but a positive requirement to
do whatever may be necessary in Or
der to accomplish the purpose of the
law in keeping them inviolate."
Davenport V. Olerich, 104 Iowa, 1874.
And before the ballots are admissi-
BILE as evidence in a case of contest it
must be made to appear affirmatiyely
by the contestant that the Injunction
to carefully preserve has been COM
piled with. Where ballots cast at an
election have been exposed to fraudu-
lent alteration, or changes, or have
been exposed to the public, or handled
by unauthorized persons, 1t renders
them incompetent as evidence to over
throw the official count and return"
Mentzer. V, Davis, 1O9 Ia. 52S;
belong V. Brown, 1l3 la, $40;
Wilson v. Bohstedt, ITO N, w., sos;
McCrary. on Elections, Pig, 209.
And where 1t appears that Gus
todian of ballots was personally inter
ested in the result of the election in
the sense that he was candidate for
reelection to office, such interest is
proper matter of consideration and
will call for a closer examination Of
conduct with reference to the re-
turns
Murphy v. Lentz, 1OS N. W., $50
With these rules of law on the sub
iect IN mind. we shall now so to the
record for the facts on which deter
mination OF the contest must be made
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-05-14

to rest. A careful reading of the alb
stracts-with all occasional reference
to the transcript to settle a dispute
satisfies us that in the instance of sew
eral precincts, and in several respects
the requirement for preservation was
not complied with. 1t appears that
for the purpose of preserving the bal
lots and making returns of the cleo
ton, the county officials had provided
each precinct with box-in some in
stances metal and the remainder can
vass covered, in which were to be
placed the ballots and poll books. For
the ballots a muslin sack was provid-
ed, and for the poll book heavy pa.
per envelope. The metal boxes were
provided with paddock and key,while
the canvass covered receptacles had
only a strap and buckle.
Looking now to what was done, it
will, be sufficient to make reference
to two instances. The returns from
Jefferson township showed that Doak
received $50 votes and Briggs 145
votes. The judges and clerks of cleo
ton were severally called as wit
nesses and each testified that after
being counted the ballots were strung
on wire. and the wire knotted and
sealed with wax; that they were then
put into the muslin sack but as the
sack was too full to be readily tied
the whole was placed in a small grain
sack and this sack was tied and the
knot was sealed with wax. The sack
and the FOIL book were then placed in
the canvass box, and this was taken
by one of the judges to be delivered to
the county auditor. When the box
was brought before the contest court
and opened it was found that the
grain sack was tied with piece of
binding Irvine; the knot had evidently
been sealed with wax, but the seal
was broken The sack was opened
and 1t was discovered that the ballots
were not in the muslin sack; that sack
was found at the bottom of the grain
sack. The ballots were counted be-
fore the court, and II was found that
Doak had 32 votes more than the. re-
turns credited him with. while Briggs
fell 10 votes short of the returns. The
judges and clerks of the township de-
scribe en- their testimony the manner
in which the votes were counted and
the tally kept, and they unite in say
ing that to the best of their knowledge
the count was correct as shown by
the return,
In Prairie township, the ballots af.
ter being counted were strung on a
wire and then rolled up. the wire
brought around, knotted. and sealed
They were then placed in the muslin
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-05-14

ballots were cast for him which were
not counted, and many illegal ballots
were counted for contestant.
1t was then alleged that said bal
lots cannot be counted, nor can there
be contest involving the reccunting
of the ballots for the reason that the
same have not been preserved ac-
cording to law" On the issue so
joined, a trial was had-which invol-
we'd a recount of the ballots-result-
ing in finding that contestant had
been elected by majority OF II votes.
An appeal was taken to the district
court and trial had with the result
that the finding of the court of con.
test was affirmed. The appeal to this
court by incumbent Briggs, followed:
s. V. Reynolds and l.. C. Blanchard,
for Appellant
Jno. o. Malcolm and Burrell & Dew.
lit, for Appellee.
Bishop, 1.-The ballots were not
recounted on the trial in the court be.
low At the threshold of the trial.
it was agreed that "a count of the
ballots as they now appear, if admiss-
ible in evidence, shows a greater num-
Der of ballots for the contestant than
for the incumbent, to-wit; major
ity in favor of contestant, IT," In
entering into this stipulation, how:
ever the incumbent reserved the right
to insist upon his claim and objection
that the ballots had not been properly
preserved: and that "a recount there
of for the purpose of determining the
votes cast would be incompetent"
And upon this. issue alone the case
was tried.
According, as the case is presented
to us, we have this as the situation:
If the objection by the incumbent that
the ballots we're not admissible in
evidence on the trial of the contest,
the finPng as made by the county
board Gcanvassers must prevail, and
the incumbent be awarded the office;
II the ballots were admissible, the
Judgment of the court of contest must
be approved, and the contestant
awarded the office. The charge In
detail of irregularity in the preserya.
tion of the ballots. as found in the
answer, is this: That the ballots have
been in the possession of the contest
ant (then in possession of the Office
of auditor under previous election)
himself, and under his control since
they were returned by the judges of
election, and they have at all
times been left subject to inspection
and with opportunity to any person
to tampor with such ballots, and they
have not been preserved with jeal
lous care which precludes the oppor,
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-05-14
TEXT OF DECISION
IN ELECTION CASE
GROUNDS FOR SUPREME COURTS
ORDER OF REVERSAL.
BALLOTS NOT SAFEGUARDED.
Returns From jefferson and Prairie
Townships Are Taken Up In De.
sf tail and Law Priats of
Interest Deducted.

A copy of the full text of the deCis-
ion of the Supreme Court in the Ma
haska County Election Contest case
was received by S. V. Reynolds, one
Of the attorneys in the case, this
morning. 1t is an exhaustive treatise
of the case, and as the matter is of
general interest to all, the entire de-
cision is herewith reproduced:
In the Supreme Court of Iowa.
Case filed May s, 1908. John W.
Doak, Appellee, VS.. l.. r. Briggs, APP
pellant. No $685. An Appeal from
Mahaska County District Court, Hon.
Byron w. Preston, Judge.
This is contested election case.
At the general election held in Mahas-
lSa County November 6, 1906, the re-
spective parties to this action were
opposing candidates for the Office of
county auditor. In making the official
canvass of the votes cast the county
board found that APPELLEE Doak had
received 294S votes, and the Appellant
Briggs 1851 votes--a majority of g.
A certificate of election was issued to
Briggs accordingly. In due time
Doak filed his statement of intention
to contest the election. The grounds
as stated were that in certain cleo
ton precincts named, ballots were
counted for Briggs which should not
have been counted; that ballots which
should have been counted of the con-
testant were not so counted; that up.
on a. proper count majority of the
legal votes cast in the county were in
favor of contestant. Following this
such proceedings were had as that a
court of contest was duly organized
as provided by statute, before which
the incumbent, Briggs, appeared and
filed his answer. Therein he denied
tho avermcnts of contestants state
n,ent; alleged that in each OF the pre-
clncts named in the statement legal
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-05-14

The Illinois coal fields settled their
difficulties Saturday and work was re.
sumed Monday.
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-05-14

The first band concert of the sea-
son will occur next Saturday evening
weather permitting,
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1908-05-14

Picnics and parties to the woods are
in order now. The timber near the
city attracted many people Saturday
and Sunday.
Chariton courier., 1908-08-14
Obituary..

Born, the 31st of March, 1908,
and died the 3rd of August. 1908,
Ural Malcolm, infant son of M.
G. Phelps and wife OF near Sails.
bury. The little fellow was buried
at the Bennett graveyard the
day following his death. Little
Ural suffered intensely from
cholera infantum and brain fever.
He was attended by loving hands
and a good physician, but in
vain. A higher physician has
healed him and taken him home.
Dear parents, look up. Your
sweet babe has ceased to suffer.
All there is rest and peace. Ural
is with the dear little brothers,
gone before. Meet them in
heaven.
Lonely the house and sad the hours
Since our little one has gone;
But oh! brighter home than ours,
In heaven is now his own.
HIS AUNT.
Chariton courier., 1908-08-14
Bridge, near the residence OF

Bridge, near the residence OF
Jacob Kahler.
Bridge across branch, near the
residence of o. A. Bacntel.
Bridge across branch, near the
residence of G. I. Taylor.
Bridge across Lake Creek,
near the residence of Horace
Elliott.
Bridge across slough, near the
residence of T. B. Bowers.
Bridge across branch. near
the residence of Pulaski Post.
Bridge across Salt Salt branch
near the residence of o. Green,
in the total sum of So, ,727.77.
Ordered that court do now ad.
journ to meet again Monday,
September IA, 1908.
Chariton courier., 1908-08-14

executor of the estate of Char.
lotte A. Brummall, and said set.
tlement showing a balance of
S5,O41.O9 due estate for distri.
button, said sum is ordered to be
distributed as follows, to. wit: j.
D. Brummall, R. H. Brummell
and L. Dan Brummall, ST, 1913. .39,
each, and Harry Thorp, Hubert
}. Doran and Beulah Green,
S4S1.96, each; Eva Allega, guar
dian and curator of Mary Allega,
and said settlement showing no
balance, it is ordered said guar.
dian and curator be discharged;
B. G. Smutz, administrator of
the estate Louisa M. Bridger,
and said settlement showing said
estate fully administered, lea wing
no balance, it is ordered that said
administrator be finally dis.
charged; E. w. Neighbors, sd.
ministrator of the estate of Dan.
iel Eastridge, and said settlement
showing a balance of So, ,738. 10
due estate, and Johanna Neigh.
bors being the sole heir and die.
tributee, it is ordered that said
balance be paid to her, and for
which said administrator pre-.
sents receipt, and it is ordered
that he be finally discharged.
Lucretia J. Mason, J. R. Mason,
administrator, and said settle.
ment showing a balance of S418.29
due estate, it is ordered that said
sum be distributed as follows:
Anna Stamper, Ollie Fitzpatrick,
Mrs. Martha Lamb, G. w. Ma
son, c. G. Mason, Mrs. Kate
Young, Belle Schmitt, Viola
Hurst and Joda Cook, S41.83,
each, and Ruth Patterson, Lee
Mcdaniel and Willie Nickerson,
1884, each.
Chariton courier., 1908-08-14

w. D. Vaughan, the hardware
man, went to Ki-ksville Monday
to consult DR.. Still, the osteo-
path, in regard to what is be-
lieved to be q skin cancer on Mr..
Vaughan's left hand. He intends
to have it treated by the Xray
machine of which DR.. Still has
one of the best in the state. Mr..
Vaughan will be gone about
three weeks.
Chariton courier., 1908-08-14

Last week we referred to the
disorderly conduct at B. H.
Kinkhorst's saloon and express.
ed the belief that somebody and
perhaps several bodies we're lax
in their official duties or Mr..
Kinkhorst's license would be
revoked. The county court cent
for Mr.. Kinkhorst and he in.
formed the court that he called
upon the marshal and mayor to
come to his assistance in "keep.
ing orders in his place of busi-
ness, but that his call for help
was unheeded. If this charge
against the mayor and the mar
shal is true they both ought to
resign. On the other hand we
would suggest to Mr.. Kinkhorst
that he could greatly improve
the conditions in his saloon if he
would quit selling booze to men
to the point of drunkenness.
Fighting whiskey and too much
of it are sure to make trouble for
the saloon. keeper, the overin >
dulgent boozer and the commu.
nifty. Fortunately for all con.
cerned Mr.. Kinkhorst's saloon
license expires to. morrow(Satur-
day)night at midnight, and then
it is to be hoped that everybody
will get sober and kiss and make
up. ''Let us have peace"
Chariton courier., 1908-08-14

"You seem to have something
weighing on your mind, Teddy"
"Well, I haven't. DO you
think my mind is q pair OF
scales?"
"Oh, no; scales are evenly
balanced"
Chariton courier., 1908-08-14

The Keytesville. Glasgow base--
ball game, played here yester-
day afternoon, resulted in a VIC
tory for Glasgow by a score Of
Z to 1. Guess our boys were not
feeling we'll or else they were out
of practice.
Chariton courier., 1908-08-14

Mrs. j. H. Stone of Kansas
City and Mrs. May Spurlock of
Hardin were here visiting the
family of their brother, E. M.
Carter, Friday and Saturday.
Chariton courier., 1908-08-14

Aaron Bachtel, one of our
good friends of near Brunswick,
paid his respects to the COURIER
while he was at the capital yes
terday on probate business.
Chariton courier., 1908-08-14

Mr.. and Mrs. Lewis Harmed Of
Triplett are here visiting Mr..
Harned's parents, Mr.. and Mrs.
Thos. Harmed, also Mrs. Har-
ned's parents, Mr.. and Mrs. M.
T. Davenport of near Dalton.
Chariton courier., 1908-08-14

FOUND "A black coat between
Sam Allega's and Tobe Browns
Sunday, August 2. A letter in
"a pocket indicates that the coat
belongs to Hsrry Hill. Inquirs
at this office.
Chariton courier., 1908-08-14

E. w. Musick, wife and daugh.
ter, Miss Cassie, and Mrs. Will
Carson, all of near Brunswick,
were agreeable visitors at the
COURIER office yesterday even.
ing. Mr.. and Mrs. Musick have
been married for rs years and
this was her first trip to Keytes-
vile. Now she realizes what
che has missed.
Chariton courier., 1908-08-14
Sheriff's Sale In Partition.

Mary ]. Jacobs and Charles T. Jacobs, her
husband, Geraldine Schusler and Gus c.
Schusler, her husband, Plaintiffs
VS..
Dixie F Walcott, Martha Ellen Ford. Eva
Allie Ford, Bruce X. Ford and Aubrey G..
Ford, Defendants
In the Circuit Court OF Charlton County,
Missouri:
By virtue and authority of q decree and
order Of sale made by the said court, in the
above entitled cause, and of a certified copy
thereof, dated the 3rd day of June. 1908,
will on
WEDNESDAY, THE 9TH DAY
OF SEPTEMBER, 1908,
between the hours of nine O'Clock in the
forenoon and five o'clock in the afternoon of
that day at the south front door of the court
house in the City of Salisbury, In Charlton
County, Missouri, sell, at public vendue, to
the highest bidder, the following described
real estate, viz: One Hundred and Sixty (1G0)
acres. the south west quarter Of section four
4), Township fifty-two (52), range seventeen
(17), situated in Charlton County, Missouri
Terms of sale as follows viz: One-third
cash in hand. and one-third in one year and
one-tnird in two years, deferred payments
to bear annual interest at the rate OF six per
cent. Lien on the land sold is retained, or
the purchaser may pay all cash.
S. J. SHAUGHNESsY,
SHERIFF OF CHARLTON COUNTY MISSOURI.
Chariton courier., 1908-08-14

Ed. G. M. Lewellen, pastor
of the Christian church at Bruins.
wick, and E. E. Hunt. editor of
the Hamiltonian, published at
Hamilton, Mo-, paid their re-.
spects to the COURIER Wednes-
day.
Chariton courier., 1908-08-14

If your eyes are crossed or are
causing you trouble in any other
way, remember at Browns Hotel,
Brunswick, Monday and Tues.
day, August II and 18, at Dalton
Wednesday and Thursday, Aug.
ust 19 and 20, at Brown Hotel,
Keytesville, Friday and Satur-
day. August 81 and %, you can
get the trouble corrected by DR..
L. o. Mckee, optometrist.
Chariton courier., 1908-08-14

We acknowledge the receipt of
q pleasant call from Mrs. Sylvia
A. Lewis of near Triplett Mon.
day.
Chariton courier., 1908-08-14
Whitman WhiffS.

Whitman Whiffs.
G. H. Whitman is trying to
finish his threshing this week.
Bill Timmons and his thresh.
ing crew attended the show at
Carrollton Tuesday.
j. o. Boring of the "Valley of
the Nile" is hauling his grain to
the Whitman elevators.
Miss Frieda Roebken of Dalton
was a guest of her sister, Mrs.
Ira Millican, Satul day.
w. E. Speechley and wife of
Geneva, Neb., have been guests
of S. Donley and family the past
week.
Mrs. F. o. Hartman and chill
dren returned home from a
weeks visit at st. Joe Saturday
evening.
Andrew, the 15.year.old son
of our miller, j. P. Monach. was
badly injured Tuesday by being
caught in the betting and wound
around a shaft of the mill. His
leg was broken, his face badly
battered and he was otherwise
injured. Dr.. w. G.. Brown of
Triplett is in attendance.
Ira Millican got quite a shak-
ing up in a runaway Monday
while hauling water to the hands
at the threshing machine at Glen
Whitham's. He had Glen's team
of ponies and they got frightened
and ran away, tearing the buggy
all to pieces and bruising them
selves quite a bit.
The many friends of G. H.
Whitman of Whitman, and Miss
Minnie Silvers of Triplett will be
surprised to learn of their mar.
risge which occurred on the
evening of July IL, 1908, at the
home of w. F. Mccullough in
Triplett in the presence of only a
few Gloss friends of the couple.
Alex Rankin OF Whitman
and Miss Edna Silvers of Trip.
lett were the attendants. The
groom is son of E. H. Whithnm
of Rankin, ILL.,, and has been the
business agent of Rankin, Whit
ham e. Co. here for the past two
years. The bride is the daugh'
ter of Ed Silvers of Triplett, who
moved here four years ago from
Streator, Ill. Mr.. and Mrs.
Whitman will leave Friday morn.
ing for Las Vegas, N. M, for a
months visit with relatives, after
which they will reside on the
farm known as the boarding.
house farm, which the groom has
rented for the coming year. The
best wishes of host of friends
will accompany them on their
journey through life.
Chariton courier., 1908-08-14

The pastors vacation having
closed, services will be held at
the Baptist church newt Sundayss
The morning topic will be: ''Life
in Old Age" The evening topic
will be: "Shall We Live Again?"
There will also be an election of
association messengers.
Chariton courier., 1908-08-14

The Beta chapter of Omega
at Keytesville held it's annual
election Tuesday afternoon with
the following result: President,
Miss Julia Willis Anderson; vice.
president, Miss Virginia Taylor; !;
secretary and treasurer, Miss
Sammy Vaughan; Miss Lois
Hancock, pianist.