The Sentinel=record., 1912-05-21
52 VOTERS ARE 1 DISFRANCHISED
THIRD WARD BALLOT BOX IN SCHOOL DISTRICT ELECTION
 IS NOT COUNTED.
Rabbi Rhine Files Petition for Re strainlng Order, But Is Too Late as Certificates Are Issued
 While 1t Is Being Read.

saturday were disfranchised yester- day afternoon when judges of the election in the third ward refused to certify out the returns of the vote in that precinct.
 While Dr. A. B. Rhine was having a restraining order read before Cir cult Judge Gotham, wherein he de- sired to hold up the certificates If election of Hamp Williams and s. P. McKeehan until the question of the legality of the third ward votes could be passed on, the certificates of elec- tion were being made out by County Clerk Mooney, and were issued be- fore the restraining order could be made effective.
 In brief the contest that might have taken place over the matter of the disfranchisement of the 52 voters. was cut off because of the delay of Dr. Rhine and his counsel in getting into court ahead of the issuance of the certificates.
 County Clerk Mooney was visited early in the day with request that the returns as turned over to him be certified. The law was presented to the county clerk, wherein it stated that the clerk should forthwith cer- tify the returns"
 MT. Mooney refused to take action on certifying out the election minus the third ward box until the judges had been given due notice to finish their work, and certify the results. Judge E. W. Searcy was called in and the box was opened, and Clerk Mooney found that the returns had not been certified. The judges, E. l w. Searcy, Chas. Goslee, and Burt Walls, had each signed the sworn certificate of judges in the book, but Judge Searey stated they had not taken the oath before starting out to hold the election.
 That point was considered import ant, since it had been whispered that sworn judges who abandoned a vot : ing precinct might be held liable for their actions.
 Mr Mooney then asked Judge Searcy if he would complete the work of election judge and certify out the returns of the votes that had been cast Mir. Searcy stated that Ee would give an answer later, and he went up in the circuit court room, where he consulted Prosecuting At ,torney J. B. Wood in the matter. Later he returned and stated that he would refuse to certify out the returns of election.
 'Will you complete your duties as election judge by certifying what the result of the election was?" asked Clerk Mooney.
 We were not sworn in and had no opportunity to be sworn in. think some of the votes in the box are frauds" answered MT. Searcy, who later stated he would give an answer after while, and who after awhile refused to certify out the re- turns.
 County Clerl. Mooney then visited Prosecuting Attorney J. B. Wood and when he returned he stated that il | had been shown to him that the coun- ty clerk had no authority other than to certify out the election as it ha l been certified to him by the elecuon 1 judges, and that as the judges oi the third ward refused ocertify ou1 that precinct he would have to issue the certificates of election on the face of what was certified to him.
 This was done. and the official to- t6ls showed Hamp Williams 576. Sam P. McKeehan 497, A. B. Rhine 4S5 E. F. Klein 429. All of which show, ed Williams first, and McKeehan IF votes ahead of A. B. Rhine, with the third ward box of 52 votes uncount- ed and thrown out
 At first Dr. Rhine stated he would file a contest of election, but after the certificate was issued, and he found that the certificates were is sued to Hamp Williams and Sam !? McKeehanI he stated that he would lei it go. Previously he had stated that he did not want to be school di- rector unless he had been elected but that if all the votes cast showed him to have been elected he would I carry the matter into the courts tc secure his rights.
 Just what status the 52 votes would have as between McKeehan anc Rhine will probably never be deter mined, since there Is no authority for these votes to be counted now If Rhine had twelve more than Me Keehan he was elected, but unless he did it would have made no diff ference, as Williams was too far In