Omaha daily bee., 1910-09-01
ATTACKS LEGALITY 7 >VNT
Climax Leaves Democratic mary
Affairs in Sad Tangle.
EST OF STATE IS TIED UP
State Canvessing Board in Deadlock
Over What to Do.
sHAL1ENBERGER STANDS FIRM
Local Comfy board Must Wait Untt'
Judge Troup Decides Case Friday
ana Ontsidc Boards Are Blocked
.--conneII was Losing Out.


Governor shaiIenberger's recount came to
a sudden stop at S;45 p. m, yesterday on
a restraining order issued by Judge Day on
petition OF Dan J. Connell Judge Troup OF
the district court will hear the case Friday
morning at $3.50.
Connen in his petition attacks the legality
OF recount being made by county can
vassing board He AYERS the law does not
provide for such "A recount thus bringing
into court question which has been fore
most since recounts first came into style
This point must be decided by the court to
determine whether the recount shall go
on or whether It must be turned into con-
test and taken into court.
Frank j. Flxa, democratic candidate Tor
county commissioner for the Second dis
trict. had asked and been granted re-
count on the race between himself and Con-
nell. ConnelT said in his petition that the
official canvass OF votes by the county can
yassing board completed Saturday had
given him the nomination by five votes. He
alleged that his right to the nomination
had thus been definitely determined and
that said right would be jeopardized by
recount.
ConneI Was Losing Out.
Before the first canvass commenced,
when IL was known that the count would
show little difference between Fixa and
Connell, Il was announced by them that
they had agreed to stand by the first
count and that neither would ask recount
The first precinct of the. First ward was
"recounted" before the injunction was
served. The only change it showed was a
loss Of two votes by connell, sadly dimin-
ishing his already small majority over his
enemy, Fixa.
With the state board at standstill in
tie and adjourned until this morning in
the absence OF Auditor Barton, and the
Douglas county board bottled up by re-
straining order, the recount situation is In
worse tangle than ever. Governor Shall
..Ienbevger Is holding out Aor q recount Of
Douglas county and contends that the state
board has no right to go ahead until Doug
las is heard from. Two state board mern-
bers favor an immediate start on the state
canvas. while two others favor awaiting
the result OF the recount in Douglas county.
1t remains for Mr. Barton. the fifth MEM
ber, 10 cast the deciding vote. This much
viii probably be decided today at the meet
ing Of the state board at Lincoln,
Nothing More TIL Decision.
At this end of the line absolutely nothing
can be done until decision is handed down
by the district court. and that may consume
SEVERAL days. II. in the meantime, the
state board decided to ignore the rider
attached to the abstract seht by the Doug
las county board after the first canvass and
TO so on with the canvass the recountinH
might as well stop where II Is. The action
of the state board is final and further re.
counting in any county would be useless
labor.
What is known by members OF the state
board as the rider is a proviso attached
TO the abstract making 1t subject to change
in case the recount changes the vote or
candidate for nomination for governor or
the democratic side and the recount granted
a. the state legislative tlcKet to Butt and
I3ulla
Connell's petition is filed in his own name
made possible by the fact that he was get
ting recount and was filed and taken into
court by his attorney j. w. West.
recount Attracts Attention.
Douglas county has seen many recounu
during the last few years, but never hai
one attracted such attention as has th
count on Dahlman and ShRllenberger. Yes
terday from the time the board commenced
work In the morning until Deputy Sheriff
Flanagan unceremonlously put a stop 4
the operations the court room was crowded
largely with democrats. When the firs
ballot box was opened the curious and in
terested, Mayor Dahlman among them
crowded about the table where the ballot
were spread out, giving the board member
scarcely room to work.
Legal Hattie 20 Ensue.
When the suit comes up before Judg
Troup tomorrow morning 1t Will chang
from a mere count OF votes to a legal bat
tie OF no small proportions Since the re
connt began both sides have been watchin
every move and neither will give an incl
Representing Governor shallenberger 1
Douglas county are c. ]. Smyth and Joh
A. Moore. Louis Piatu and John Rine ar
carrying on the fight for Mas OF Dahlman.
Ed Johnston, democratic candidate fo
nomination as state senator, filed an appl
cation for a recount against the vote {
Richard s. Horton. His application was n
fused by the board on the ground that n
official canvass showed him TO be too IA
behind for the recount to do him any goo,
Affidavits asking a recount ON Democrat
candidates for congress were filed Tuesda
by II. h. Fieherty. S, A. Lewis. l..
Quinby and w. F. Stoeeker They asserte
q. o. LObeck was not the man entitled
The nomination. A recount would probabl
have been granted had not F1eharty su,
denly decided 70 withdraw his affidavi
leaving the three low men without enouE
vttes 10 demand a recount. They elai
th6 board had no right to deny them a I,
count and that they will fight the decision
A protest has beea filed with the board.
FALLS TWENTY-SlX STORIE