Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1910-09-23
RECOUNT HIT
SECOND BLOW
COUNTY ATTOKNES DISAPPRONES
CHAMBERS PETITION
COURTS ONLY REMEDY
opinion Holds That Election Board
Has Lost jurisdiction
of Case

OI case
In written opinion given the com-
~ election board yesterday morning,
Assistant County Attorney Luther
James ruled that the board had no
legal right to withdraw the certificate
OF election given W l.. North, the
successful Democratic candidate for
the nomination of county commission
e. and that II would be against the
law 10 open the ballots cast In the pri-
mary
This opinion bars further proseCu-
ton OF T =, Chambers ptition for a re-
count of the ballots, unless the matter
H. taken up in the courts, II could
not be learned yesterday what action
the defeated candidate Intends to take
following the opinion expressed by the
bailstant county attorney
As a. further reason for ruling
against the recount, Attorney James
declares that the petition Is not specl-
lic enough, in that II names no one as
being connected with the alleged
frauds.
For q second time Assistant County
Attorney James was called upon to cN-
press a legal opinion upon the validity
of recount of the ballots In the
Chambers North dispute
When the first petition for the re-
count was filed with the election board
the official ruled that II did not con
tain anything Of a nature to warrant
the end sought and that there vas no
specific charges of fraud. This view
was upheld by the secretary of the
state election board At thai time
certificate of election had already
been granted w. H. North, who reociv-
ODD ma al
primary The ten-day limit allowed
by law for the recount expired few
days later
A few days ago Mr.. Chambers filed
second petition seeking TO have the
ballot boxes used in the second dis
trict opened As in his first petition,
he alleged that irregulari les were
committed in the election.
The opinion of Assistant County At
torncy James was that the election
board no longer has jurisdiction In the
matter and that the only way 10 take
up the matter would be through the
courts
The following is the opinion filed
with the election board by the assist
ant county attorney:
"To the County Election Board,
Tulsa County:
"ln response to your request for an
opinion from this office in the mat
ter of the application of T. 3 chain
hers for recount of the "otes cast IN
the race for the Democratic nomina-
tIon for county commissioner in the
Second district of Tulsa County, | re-
spectfully submit the following AS my
views of the law;
Section 1885, page 795 of the com
piled Laws of Oklahoma being section
of the Primary Act which provides
that the laws governing gene"sl cleo
tions were not In conflict are hereby
made applicable and put in force here
with. In referring to the general cleo
ton law in the Session Laws of okla
homa, 1910, page 22S, said act being
approved March 80, 1910, section 81
we find the following; They County
election board) shall issue certificates
of election to candidates entitled there
to for all county or township Offices
This part then of the general election
law becomes part of the primary law
and II Is the duty of the election hoard
hereunder to issue certificates to can
didates entitled thereto after canvass
and Investigation they find any candi-
date is entitled to office. The county
election board Is possessed with iufis-
diction only under expressed statutory
be void and Of no effect There Is
nothing i'm our law that authorizes an
election board to declare a certificate
once given void and issue certificate to
another person.
A certificate having been issued
to w. L. North the same is conclusive
and binding upon the board issuing the
same.
For further reason tha election
board has no jurisdiction II hear an
election contest after a certificate has
been given We cite Section 39 of the
General Election Law passed in 1870,
which provides as follows; The county
election board shall have no authority
to open envelopes marked voted bal
lots Section 62 of the same act is as
follows. And all laws and parts OF
laws In conflict herewith are repealed
Consequently, Section 32SS Synders
oklahoma Statutes will not aNail IN
behalf of the contestant for the rea-
son above stated.
"It might also he added that tbs
charge of fraud In the affidavit as sub
mitted by r. S. Chambers fails to set
forth the facts necessary 10 Indicate
In what respect and by what persons
such alleged fraud was committed.
But inasmuch however, as your
power as "A County Election Board Is
restricted by statute as above inn e
Gated and as you have ISSUED to W.
l.. North a certificate in this matter
we are of the opinion that your board
has no jurisdiction to hear ana deter
mine this contest, and Is matter TOT
the courts to decide.
Respectfully submitted.
LUTHER JAMES,