Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1910-10-21
RECOUNT WILL
BE MADE TODAY
BRECKENRIDGE HOLDS THERE IS
NOTHING 10 PREVENT m
TO BEGIN AT | O'CLOCK
Election Board Has No Authority 10
Revoke Norlh's Certificate uf
Election.

Election.
The county election hoard win meet
this morning to make the prclimln-
AIRY plans for the opening Of the bal
lot boxes In the North-Chambers clec-
tlou contest The recount viii prob
ably he taken up ut o'clock this af-
ternouu according to statement
made 10y Secretary q. j. Meacham,
This decision Of the election board
was reached after a consideration Of
the opinion given lu the matter by
County Attorney NJ, A. Breckenridge,
who held that there was nothing tu
prevent the recount being made, but
declared that thc board had mo- au-
lhorIty to revoke the certificate of
election given hy the board to W. l..
North, who defeated Chambers by a
majority Of ~ votes In the August
primaries
", l., North declined yesterday cy-
cning to make any statement in the
case, saying that he would decide on
no plan of action until today lie did
not know whether he would contest
the opening of the ballot boxes, stat
ing that his mind would not he made
up until this morning
The determination to recount the
ballots east for county commissioner
on the Democratic ticket In the Sec
und district nearly three months ago
was only reached after the matter lad
been hanging fire i'm various forms
for over a month.
r. 5. Chambers, who alleges that
his successful opponent was given the
through Irregularities will
not be present at the hearing but Will
hc represented by his attorney II isl
expected that County Commissioner
w. L. North win also be represented
at the recount which begins this
Just how long time viii
be taken to make the recount could
not be forecasted yesterday evening
by the members of the board.
County Attorney breckenridge rem
dcred a lengthy opinion In the mat
ter which was received by the board
at o'clock this afternoon He held
that the Chambers petition was suf-
hcient To cause a recount but that
the act win merely be an act Of
on the part Of the board AS
il could not go behind the election
certificate. However, he said that the
facts established in the recount
might form the basis for other action
to have the certificate revoked In case
it was found that II was won through
Irregularities. This, he held would
be a matter for the courts.
The act Of the board in granting
North the certificate was held ms "A bar
to their taking any other action in
the matter other than the making of
% recount
Mr.. North is of the opinion that the
recount win justify his claims that
his majority win he even larger than
was shown on the face of the official
returns a hot fight will probably
begin with the opening of the ballot
boxes tomorrow that viii undoubtedly
end in the court of last resort in case
an attempt is made TO have the GER
tncate Of election revoked,
The opinion handed down 10y County
Attorney Breckenridge is as follows.
"To the County Election Board:
Gentlemen You handed me an
amended petition of n. $. Chambers
nled with your honorable body Octo-
Der rs, with the request that | give
You an opinion upon its sufticiency to
grant the said y. $. Chambers re-
count under section 32SS of the COM
piled laws of Oklahoma, 1909 Sec
ton 32SS provides for the procedure
Of contest in primary elections and
reads as follows:
Any candidate in primary cleo
tion may challenge the correctness Of
the announced result thereof by filing
with the county election board, whose
duty ii Is to canvass the returns In
such race, a verified statement setting
forth a state Of facts, which, IT true,
would change the result in his favor
THE petition of Y. S. Chambers, In
my opinion. sets forth sufficient al
legged facts to entitle him to a recount
were the suliicienCy OF
the petition the only question submit
ted to me for an opinion ! would un-
say II would be your duty
to forthwith grant the relief and pray
er of said petition, but You have re-
qested me to give you an opinion
covering the entire procedure from
August 3Oth, the date Of the first pc
titon filed by Mr. Chambers, until the
present time. The records Of your
Office show that on the 30th of August,
1910. 2S days after the primary cleo
tion. petition for recount under
Section 32SS was filed by II. S. Cham
hers. on September lst 1910 the
election board issued a certificate of
to W. l., North, a Demo-
cratic nominee for the commissioner
Of District No .. Tulsa County be-
ing the same oti"' for which 7. 5.
Chambers was seeking the nomina-
ton. and about which he was seeking
by his petition for recount
Section 32SS, compiled laws, 1903.
make the general election lawr appli-
cable to the primary elections. Sec
ton 3176 Of the Compiled Laws of
1903 makes a certificate Of election,
when properly certified to, prma facie
eyidenc of the correctness OF the re-
suit of the canvass by the election
ICnntInupJ nm napa 10Y