The daily sentinel., 1910-05-03
FIGHT IN THE COURTS
OVER ELECTION LIKELY
CONTINUED from page one,


grievance against Prof. Cole and who
hoped by the election of Mr.. Little
John to be able in another year TO
oust Prof Cole.
The election was one of the liveli-
est school elections ever held in the
city. in spite of the fact that the
campaign was very brief.
This afternoon late in the district
court an application was filed by At
torneys Fry and Welsh, representing
Mr.. Desch, for writ OF mandamus
forcing the officers of the school cleo
tion to certify to the election of Mr..
Desch as director on the board of dis
trict No. /. The court will pass up
ON the application Friday morning.
1t is contended by number of at
torneys that the Colorado state school
law is defective to the extent that 1t
cannot prohibit voter from voting
for whom he pleases at an election,
and that it cannot force the voter to
vote for a certain man or not vote
at all. 1t is contended that this
question has been passed upon by su-
preme courts in many states, and in
every instance, with possibly one ex-
ception, IL has been held that in all
elections a voter may exercise his
right to vote for whom he pleases.
In national, state, county and city
elections in this republic, no voter is
forced to vote for certain nominees
or not vote at all. In all such cleo
tions blank spaces are provided on
the ballot, SO that, If the voter likes
none of the announced or balloted
candidates, he can write in the names
of men for whom he wants to vote.
II Is contended that the same prin-
ciple applies to all elections in this
country, and that, where a state law
conflicts, then that state law is un
constitutional and conflicts with one
OF the fundamental principles of the
government.
However, the Colorado state school
law provides that no man may be le-
gally a candidate for school director
unless his nomination petition has
been filed eight days prior to the
election. Therefore, as Hale had
withdrawn from the race after 1t was
too late for another candidate to en-
ter. leaving Littlejohn the field to
hiHl6'il, INC Suppul CID vi
and the provisions of the law main
tain that Desch, who entered the race
last Saturday, could not legally quail
ify. Yet, on the other hand, the
supporters of Desch contend that ev-
cry voter has a perfect right to ex-
ercise free ballot; and, therefore, If
a voter did not like to vote for Lit
tlejohn, he had perfect right to sub
stitute the name of Desch. Thus the
situation developed. It is question
of the constitutionality of one part OF
the state school law.
When the polls closed last night
it is reported that James w. Buck
lin advised the election officers not
to count the ballots cast for Desch.
Attorney Welsh demanded that they
be counted. Attorney McMullin was
sent for, he being the attorney for
the school district. He declared that
the law plainly commanded that, af-
ter the polls are closed, the ballots
shall be counted; and therefore he
ordered that ALL be counted. This
was done.
Attorney McMullin then. advised
the board that, ii they did not be-
lieve that one candidate could legal
ly qualify or had legal standing in
the race, they could certify that the
other was elected. This was done.
The result of the election has called
forth much comment and varied com
ment today.
1t is the unusual case of the man
who is clearly the voters choice and
who receives majority of the votes
in an election being refused the Of
hce. while the man who gets the
smallest number of votes wins out.
However, 1t is logically contended by
one side that, under the state law.
Desch was not a legal candidate. and
that Littlejohn alone received legal
votes and was therefore elected.