The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1912-09-28
RECOUNT DELAYED BY
COURT PROCEEDINGS
.lF POSSIBLE ARGUMENTS ARE TO BE
HEARD THIS MORNING
WANTS O'BRIEN 70 SIT AGAIN
Judge Flanagan Prefers TO Have Argu-
ments Heard BY the Judg Who Gave
the First Opinion.

Another delay In the recount was
the outcome Of the proceedings last
Wednesday when the canvassing board
met. refused to count the Mastodon
ballots and adjourned ana Judge Flan-
nigan in the mandamus proceedings
asked that the attorneys come into
court either this morning or Monday
and have the matter heard ont.
AS result the question of who were
the regularly chosen nominees ON the
republican party is still in the air
When the canvassing board recon
vened Wednesday morning the election
board OF Mastodon township appeared
with the box but the seals had been
broken This box had been before the
board last week; the contents were
counted and it was sealed up By the
canvassing board. Fred rfeiffer. de-
puty clerk OF Mastodon. in whose Gus
tody the box had been. testified that in
getting the box down from the attic
where he had il stored tor safe keep
ing. he slipped and fell with the box
and in the fall the sealing wax was
broken away from the box
The board decided that il had no
right under Judge O. BrIen's ruling 70
open the box and il was passed up.
! The question of making mp returns
| faI.
cided that rs court matters were pend
ing that might greatly change the re.
suit of their hndings. il would be bet
ter to wait until the court should pqss
upon the duestionsa Mr. Erikson was
sent in to interview Judge Flanagan
and the Judge evidently was OF that
opinion as adjournment was taken.
The mandamus proceedings came up
for consideration in the circuit conrt
at 80 Wednesday afternoon. The
first matter up was the petition for a
mandamus by Mr.. Maffen. He asked
that the board he instructed TO take the
returns of the election board in the
precincts OF Hematite and Mansfield
for the reason-in the Mansfield case
that the cover of the ballot box used
might boa bent up SO as TO allow per
son to slip ballot into the box and in
the Hematite case because when the
county canvassing board asked for the
seal 10 Ieseal the box after the count.
IL developed that both the key ana seal
had been held by the same person.
An issue OF fact was set mp which
the court took cognizaDce OF and asked
il counsel would demand jury. Mr.
McDonougb. through his attorney. Mr..
Dwyer, thought jury proper and Mr..
Pelham. answering for Wanen, didn't
object To jury. After much investi-
CATION of the statute and the framing
Of the issue 20 be tried. counsel Tor do
fense waived the demand tor "A jury
and agreed To- court review Of the
case
Judge Flannigan then set the hear.
ing for Saturday. ae Mr.. McDonough
was indlsposed. and he also wished 10
have Judge o B.ien hear the arguments
THIS case OF Fred H. Abbott. asking
for a mandamus 20 compel the can.
yassers 10 throw out the ist precinct of
Iron River for the reason that $50
names appeared upon the poll book that
did not appear npon the enrolment
book waA also set for Saturday. Mr..
Watson. attorney for Abbott. stated
that IL II were possible be- would like
20 have the matter disposed Of there
and then and that brought ont from
the court the main reason why he had
set the hearing for Saturday instead OF
hearing It himself
He said thst.much matter. material
ia this case, would come up in the hear
ing that had already been decided by
Judge O Brien in the manGamus case
heard last week and that should he
tFlanniga sit, he could not give thosa
matters. brought out in their new light.
the weight that Judge O'Brien conld
for when the decision was rem.
dered in the mandamus case IL was the
court that spoke and not the Judge
that happened 10 render the decision
and that II would thus bc necessary for
him 20 continue the exact opinion rem
dered at that time whereas the original
Judge could. without disturbing the
dignity Of the court, modify that opiu.
ion ID later developments put differ
ent face npon the matter.
MIR. Watson then Withdrew his TO-
quest for an immediate hearing and