The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-04-09

8 GNAAA IH A2O&
charge OF, participated In the cam
vass OF votes cast at said election
and directed and controlled the said
election board in the thereof
and willfully and unlawfully inter
fered in such canvass and willfuIry
and unlawfully Influenced ar Ill
rected the said officers therein to such
an extent, as this defendant is in
formed and believes, that a full, fair
and correct v of the ballots Sc
cast at said election was not had, and
this defendant is informed and be-
lieves that numerous and divers ball
lots so cast It said election and
therein marked for this defendant
were not counted for this defendant,
but were in several, IL not all, in
stances counted for the said plaintiff,
John J. Jordan;
THAT the said s.. s.. Graham, in
spector, as aforesaid, before leaving
the polling place during the progress
of said election, as hereinbefore al
legged, stamped and endorsed with his
Initials several blank ballots, the
number of which are to this defendant
unknown and called on Roy Moran, a
bystander at said polling place. to
tS.se charge of the same.
Ballots Not Stamped.
"That after the said s. s. Graham
had so left the polling place, the said
James H. Stewart and said Moran
gave out to various persons applying
to vote at said polling place the said
ballots marked by the said Graham,
as aforesaid and after all of the said
ballots had been so given out to per-
sons applying to vote, the said Nor
an, acting and cooperating with the
said James H. Stewart, gave out to
persons applying to vote ballots not
stamped or endorsed by said Graham,
inspector, or either of said judges, to
be voted by them and the same were
so voted by persons applying to vote
at said election.
THAT at said election the following
named persons, no one of whom was
a qualified elector at said election in
said precinct, were permitted to vote
and did vote at said election, and, as
this defendant is informed and be-
lieves voted for the said plaintiff,
John j. Jordan, and their votes were
counted or him for the said office Of
mayor; namely:
Henry Peterson, Barney KimbalI,
George w. Wilkinson, Walter Arne-
bee, Herbert Larson, A. Peterson, e.
Holloway, e. S., Butter1eld, Mel New
man, H. Stark, K. Hastings.
"That the following named persons
were permitted to vote and did vote
at the said city election in the Sec
ond ward precinct in the said city of
Fargo who were not qualified electors
OF said ward and who, as this defend
ant is informed and believes voted for
the said plaintiff, John J. Jordan and
their votes were counted for him at
said election, namely:
Frank FIaten, e. Mcdonald, Wal
ter Nelson, William Dahl, r. r.
Thompson, c. r. Blocher.
"That the following named persons
were permitted to vote and did vote
at the said city election in the First
precinct of the Fifth ward in the said
city who were not qualified electors
Of said ward and who, as this defend
ant is informed and believes, voted
for the said plaintiff, John j. Jordan,
and these votes werec ounted for him
at said election, namely:
81. P. Hackett, II. B. Howard,
William Moore, P. j.. Schulz, j. Davis,
L. M. Bartlett, James Hunter.
"That in the said last mentioned
precinct a voter, John Grubbs, was
accompanied to the booth by w. C.
Elder, a judge of the election in said
precinct, and alone and without the
presence of any other Judge Of cleo
ton or any other person than the
said voter, assisted the said voter in
the marking of his ballot, which the
said voter, when the ballot was so
marked. voted at the said election,
which ballot and vote, as this de-
PENDANT is informed and believes, was
for the said John j. Jordan and was
counted for him.
"That In the Second precinct Of the
said Fifth ward at said election one
G. Kaufman was helped and assisted
in making his ballot by one Alex
Stern, but without the presence Of the
judges of election of said precinct,
and the said ballot was SO marked,
voted and counted for the said plain
tiff, John j. Jordan.
"Wherefore, this defendant demands
that a recount of the ballots cast at
said election in the Third ward of
said city, the Sixth ward Of said city,
and the Seventh ward of said city be
refused the plaintiff, except SO far as
a recount Of the ballots in the said
Sixth ward as to the name of one
Agren whom it is alleged by the
| plaintiff was a candidate at said cleo
ton for the said office of mayor
"That the election in the said First
ward of the said city of Fargo so far
as the same affects the election Of a
person to the said Office of mayor be
excluded from the returns of and
participation in the said election for
said office, and in event that the same
be, refused, that the ballots at said
election be recounted as to the said
Office Of mayor.
That this defendant have judg-
ment in this action, adjudging aud
~decreeing that he was duly elected to
the office of mayor of the said city
of Fargo for the next ensuing term at
said election, and that the certificate
of election so heretofore issued to him
be in all respects confirmed, and for
such other and further relief as ma
be just and equitable, and that this
defendant have judgment for his costs
and disbursements herein"