Omaha daily bee., 1910-09-14
GOVERNOR READY TO FIGHT
Executive Indicates He Will Take
Primary Matter Into Court.
DOUGLAS VOTE Is MAIN BoNI
Declares Number of Names on the Poll
Books and Number of Ballots
Do Not Correspond I'm Num-
her of voting Precincts.
(From a Staff correspondent


Lincoln Sept 1S.--(Specal. )--Governor
Shallenberger is convinced that by going to
the courts he can secure the democratic
nomination for governor, even IL he does
not gain a sufficient number of votes by
the recount in Douglas county to land him
on the safe side. So II is very probable
that II the Douglas county vote Is not
changed sufficiently to give him ma
jority then he will go to the courts on
the question of the regularity of the ballots
cast.
81 understand that in one precinct in
Omaha" said the governor, "the signature
of only one Judge was on the ballots. The
law specifically provides that two judges
must sign the ballots. This provision was
enacted to prevent fraud. If the ballots
are to be counted where only one judge
signs them. then it would be an easy matter
for one Judge to stuff a ballot box.
II have also been informed that In one
precinct no names were taken down In the
poll boob, but that the canvassing board
discovered by going to the city hall and
securing the poll book used in the election
OF members of the water board, there
had been nine ballots counted in excess OF
the names in the poll book. All of thesC
votes were counted. The law expressly
provides that the names of the voters
shall be listed in the poll book. II the bal
lots exceed the names in the book then Il
becomes necessary for the canvassns
board, under the law to deposit the ballots
in excess of the names registered in tn,
poll book. This was not done.
Names in Poll Books,
Now it seems to be II we are to hav,
honest elections at least these two sec
tions of the law should be observed to tn,
| letter. II ballots are 10 be counted wher
the number does not correspond with tn
names in the poll book. then a voter coul,
vote in every precinct in the city and ther
would be no way to prevent him.
"Of course 1t would be hard on a vote
to have his ballot thrown out because onl,
one Judge had signed it, but that is tn
| law and 1t was enacted to operate agains
| dishonest elections Our supreme cour
| has held that ballots are legal only whel
at least two judges have signed them
There is no question about that. II tn
| two points l have raised are observe,
| there will be enough changes in the resul
of the primary to give me the nomina
ton"
Governor Shallenberger was feelin
pretty good when he was informed at moo
| that another precinct in Douglas count
had given him a net gain of thirty fiv
votes. He believes now that enoug
changes will be made by the recount il
Douglas county TO give him a majority
and II not he is sure in his own mind tina
If he goes to court the ballots which hav
been signed by only one Judge will b
thrown out and he is equally sure tina
the courts will never consent to the count
ing OF more ballots than there appear
names on the poll books.
Arthur Mullen has spent considerabl
time lately in the state library looking u
the law in the case and there is no douh
he will be ready to file the suit wheneve
the time is ripe.