Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-02-18
COURT MAKES IMPORTANT RUL.
ING IN REGARD TO WATERLOO
SALOON PETITION.
SUPERVISORS ACTING
WITHIN JURISDICTION
Judge Ransisr Lays Down Rules For
Counting Names and Defines Those
That May Bs Counted and Those
Which Must Ds Rejsetsd-court to
Secure Aid in Reaching Conclusion.

Ransier has filed q partial report Of his
findings on the matter Of the hearing
Of the saloon consent petition. in which
he holds that the board Of supervisors
had Jurisdiction to canvass the state
ment Of consent, ruling that tho the
records Of the board showed no official
papers were named In 1910, the papers
named in 1909 we're de facto the official
papers in 1910, and that. at the most.
the notice Of publication might be con-
sdered defective. The court does not
rule on the general insufficiency Of the
petition, but lays down conditions to
guide in the counting of contested
names. There were 2,os1 names on
the petition, with 1853 voters at the
March, 1910, election and the number
Of good names necessary Is 1.7S4. ON
the face of the petition, the saloon men
have 297 names more than necessary.
F. b. Blair, Of Manchester. was
chosen by the court to make lists OF the
contested names. being guided by the
rules Of law set forth. This will facili-
tate matters and aid the court to come
to final decision more quickly.
What Names May Be Counted.
counted the court says:
"F'rom the very nature Of the case,
however, an examination must be made
Of each name objected to as 1T appears
upon the poll book and as it APPEARS
upon the petition OF consent.
Certain rules have been laid down
by our supreme court for determining
whether the names are to be counted,
the latest appearing in the cases OF
Porter vs. Butterfield. 116 Iowa. 725:
State vs. Loser. 1872 Iowa 419: Wilson
VS.. Bohstedt, 1875 Iowa, 451: Scott VS..
Naacke, 144 Iowa, 164.
"Some Of such rules briefly stated
are as follows:
Names may be withdrawn after
signing and shall not be counted as
consenting.
Names Not Valid.
Names can not be counted where
the voting precinct Is not correctly
given.
names can not be counted which
were signed by other than the one the
name represents, except where the sig
nature is by mark and properly Wit
messed. No name can be counted that
is not the real ma me Of the person sign
ing it, and name that is signed by
any person in different manner than
his real name, in order to make 1t cor
respond with some name on the poll list
can not be counted.
"As a rule. names can not be counted
unless the name signed to a statement
Is identical with the name on the poll
list The exceptions to the rule are
these:
Initials may be used for the given
name in either case. but when initials
only are used they must be the same in
each case.
''The middle initial or name may be
disregarded.
"The ordinary abbreviation and
equivalent for christian names may be
used for the given name.
'As examples:
&C. E. Jones is not the same as E. c.
Jones.
"W. E .Geller is not the same as W.
c. Geller
&c. H. Meyer is not the same as
George Meyer
NJ. Wall.
Name. That May BE Counted.
William Wall is the same as VIM
Wall
civilian Wall is the same as w.
Wall
"William Barker is the same as VIII
liam S. Barker.
Frank j. Jones is the same as F.. ].
Jones.
Aaron ]. Boge is the same as Aaron
Jordan Boge.
'Jos Davis is the same as j. Davis
"Jos Davis is the same as Joseph
Davis.