Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1910-10-21
BANCROFT ON /
STATE T|CIp|
COURT HOLDS THAT vorro
r. r. TUCKER ARE So m,.
BLANK VOTES,
CR0WNHART is DISPLAY
Opinion Of the Court, Thre. ,I.,.
Dissenting. Is That Votes F.,
Deceased Person Can.
not be Counted.

Madison. = The state SIM.
court in decision from which
tees Winslow, Siebecker and Ko,s
dissented, held that votes for
ceased person by persons who B.,
the fact of his decease must h.
garded as so much blank papAr
The court grants the iniunc4..
asked for by Speaker Levi \ D."
croft, as prayed for in his comn,,t,
and orders the secretary of STATE
place the name of Mr.. Bancroft VI,
received nearly $4,000 votes in A.
primary, on the official ballot fl, !.
torney general.
In the dissenting opinion #
held that section "a of the stains
of 1898 is made applicable IN NY
mary elections by the primary es
ton law of 1908; and therefore ny
provision for filling vacancies in ys
eral elections in cases of death sss
the ballots are printed, applies 10 II,
primary; that the ballots for TncEs
are legal and that the relator, Ran
croft, is not entitled to have HI
name placed on the official ballot
The court says: 'The followh,
propositions are decided in this CASE
"G) The provisions of the Pen
eral election law contained in sell
ton "a, statutes of 1898, relating nj
the filling of vacancies caused hi
the declination, death or other dis|
bility of a nominated candidate anil
not imported into the primary eleS
ton law and hence do not apply a|
primary elections.
"(2) Under the allegations Of h|
complaint it must be held that ths|
fact of the death of Mr.. Tucker wa,
brought home to the knowledge ii
the great mass of the electors of the
state before the holding Of the pr.
mary and that the great majority oil
the electors who placed a cross OF
posite his name upon the primaE
ballot did so with such knowledge
"(3) Votes which are in form cast
for a deceased person by voters who
know the fact of his deCease calnO
be considered as votes for or against
any person, but must be regarded
so much blank paper.
"(4) 1t follows that under the al
legations of the complaint the re-
lator received the greatest number
of votes cast at the primary as a Re
publican candidate for the office Of
attorney general and under subd |
of section Is of the primary law Is
entitled to have his name PLACED
upon the official ballot as such can
didate.
"By the court: Demurrer over
ruled and judgment ordered fG
plaintiff for relief by injunction as
prayed in the complaint"
The decision means that the name
of Charles H. Crownhart will not u
on the ballot to take the place u
the late Frank T. Tucker, WA'
though dead, received more votes
than Mr.. Bancroft.
The state Republican central COM
mittee held that it had the prlVlles'
to fill the vacancy on the Oaiv.
through the death Of Mr.. TuckN
and named Mr.. Crownhart as Wv
nominee.
Mr.. Bancroft, through his allOr
ney, started action in the sqprg ar
court to test the validity OF inc n "s
under which the committee held 'n''
a dead man was a person. 49,,
Mr.. Bancroft's attorneys conVenu
ed that a deceased person IS lO' ~
person, that Mr.. fuckers hasnV .t VI
the ballot meant nothing, ana sua'
Mr.. Bancroft was the only pelss sI
who received the highest vote Oh az
Republican on the ticket. .,,.v
The supreme court has eVlue ths,
upheld Bancroft's attorneys III inv
contention.