The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1908-12-22


charter ot the city Of Astoria, making
The common council the Judges Of the
election and qualifications of rs mem,
bers, herewith protest against the
seating 81 Frank ]. Kearney as conn.
Gilman from the First ward Of the
city Of Astoria, and herewith demand
4 recount Of the votes cast At the city
election held on Wednesday, Dccem-
Der Q, 1908 and contest his election
upon the following grounds and al.
Ilege the following errors in the CON
duct Of said election: Several ballots
were counted for Frank j Kearney
that should have been counted for
myself, owing to mistakes OF clerks Of
election There we're three ballots
rejected BY the judges Of election
contrary to the general laws and de-
cisions Of the courts, which should
hae been counted for myself, but were
rejected and inclosed in an envelope
containing rejected ballots. The courts
hold that il it can be ascertained from
ballot the intention Of the voter.
the ballot must be counted for the
person indicated, which was not
done.
THE clerks, unintentionally. made
an error in tallying, giving to Mr.
Carney three more votes than he was
entitled to. Mr. Frank ]. Carney was
elected, according to the returns, BY
one majority, whereas, II no errors
had been committed and the rejected
ballots had been counted, would
have been elected by at least FIVE votes.
Believing that ! have been honestly
elected as councilman from the First
ward, Of the city Of Astoria, | there
fore demand a recount Of the votes
cast at the last city election
WHICH coUNcIL7
The question then arose as to the
right OF the present council to take
up the matter, The city attorney was
appealed to. Mr.. Abercrombie stated
that inasmuch as the present council
had no @oficial notice" Of the election
Of Mr.. Carney that the whole matter
should 60 over until the FIRST Monday
jim January, when Mr.. Carney and the
others elected would appear with their
certificates Of election and claim seats
in the council. Then the council could
act, apparently by calling for re-
count and leaving it for the new coun-
Gil to settle the matter. This was ac-
cepted BY the council and the question
was put over in accordance with the
city attorneys suggestions.
ORDINANCES PASSED.
An ordinance was passed confirm
ing the assessment Of the Irving ave
ME Improvement. 9Th TO 9th streets.
Also one was passed adopted the levy
for the citys taxes for the coming
year, as proposed by the committee.
The levy is 10 mills plus 8 Of one mill
PETITIONS, ETC.
G. w. Morton and eight others pc
tition for street arc light at 5th and
Grand avenue, stating that a light is
badly needed there. Referred.
Remonstrance Of Lars Olsen and
others against Improvement Of Grand
avenue 37th to 38th streets. Referred.
Statement from park commission
to the city, showing that levy Of 8
of one mill had been levied for park
purposes for the coming year The
council adopted this levy
Petition Of Sund g. Carlson for liz
quor license at the Commercial sa-
loon. Referred.
Petition to change grade Of Irving
avenue along at 9th street. Referred
to committee and city surveyor, with
instructions to place stakes at cross
ings where grade now is.
In relation to the petition Of VIM
Bell rendering $50 in full payment Of
balance due for improving 36th street
and Franklin avenue in Adair's, the
city surveyor filed a report to the eff
feet that total Of $27o is apparent
lly due. Communication placed on