Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1910-10-20

II W expected thdk the county hllui-
lucy viii hold that the petition con-
taius sufficient allegations to warrant
the opening of the ballot boxes used In
the second district, but II rs asserted
that the county attorney viii hold dt
the same time that the recount rs
without the jurisdiction of the election
board. inasmuch as the certificate of
election has already been Issued to W,
l., North, the successful candidate.
Should this hc the case, Chambers
may begin action In the courts To- have
the certificate of election set aside,
The petition was filed with the cleC-
tiou board Yesterday The members
of the board discussed the petition
at some length during the morning,
ANA adjourned It noon until this morn
ing, In the meantime referring the
petition of Chambers to County At
lornvy Breckenridge for an opinion.
Secretary Mcacham of the election
board declared Yesterday evening that
he could not predict what action the
board would take I'm the case When
told that the county attorney would
probably rule that the petition was
specific enough TO warrant action by
the hourd but that the granting of
the certificate was q bar TO the mak-
ing of the recount he said that he
.did not know what the members OF
the board would do In the matter
r. s, Chambers LEFT yesterday for
New McXico 20 spend several weeks ON
la vacation "Trip Before his departure
he declared that he would tight the
case to "a finish la the courts II nee
cssary
The amended petition filed by
Chambers differs but little from the
second petition which he filed early In
October As In the second petition,
he allcgeA that there were enough ir-
regularltics In several precincts to
change the result of the election, II
is on this ground that he asks for the
opening Of the ballot boxes.
In ,he meantime the ballot boxes
In dispute have been stacked mp along
side the wall Of the lower floor of the
court house, whore all who enter the
first ilOur have To pass by them, The
boxes in question are merely sealed
with slips Of paper which are pasted
over the lids. which conditions have
prevailed since the primary
Secretary Meacham said that the
opinion rendered by the assistant
county attorney some weeks ago that
the petition for the recount was not
specific enough was based on statute
no, yet In effect lie said that the
Barr election law passed 10y the spec
ial session Of the legislature, would
not go into effect until the November
election, petition for a referendum
vote on the law being filed at the
time that the bill was passed, He said
that favorable action on the part of
the people would be necessary TO
make the bill law However. It is
printed in the 1910 statutes.
The election board official said that
the boards action would depend on
the Interpretation Of the old election
law, which holds that in case that
there Is evidence that the result Of
the election might be changed by a
re-cCun of the ballots in which ir-
Irregularities are said 10 exist the coun-
t. election board shah proceed with
the recount OF the ballots
County Attorney Rrcckinrdgo said
yesterday that he would prepare his
opinion this morning He declared
that from legal viewpoint the grant
ing Of the certificate Of election would
act as bar on the opening of the
ballot boxes by the county election
board. II is said that his opinion viii
uphold the opinions given ON the for
mer petitions by Assistant County At
torney Luther James
The suuabble over the primary re-
suit began In the latter part of Aug
ust, when Chambers filed a petition
with the county election board ask
ing for a recount of the ballots which
gave the nomination to W l.. North
by majority of eleven votes on the
face of the official returns This PEE
tition was held to lack specific evi-
dcnce of fraud and was turned down
by the board. A second petition was
filed and similar action was taken
on the opinion rendered by the county
attorneys Office
Several weeks ago Chambers liled
suit for Il mandamus writ to compel
the election board to open the ballot
boxes. The matter was presented be-
fore District Judge Poe Monday, who
quashed the mandamus writ because
of lack of proper form
That a scandal is imminent in case
the ballot boxes are opened is openly
asserted by many who have been
keeping in touch with the situation.
Friends Of North. however declare
that "A recount would show a still
more decided majority for the sue
cessful candidate and declare that it IS
an effort on the part of his enemies
to throw him out of the nomination.
A. l.. DAVIS LUMBER OMPANN
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