The Sentinel=record., 1912-05-26
SCHOOL ELECTION
 HANGS IN BALANCE
JUDGE GOTHAM WILL RENDER DECISION ON THIRD WARD
 BOX MONDAY MORNING.
Wood, Representing Election Judges, Claims Rhine is Too Late for the
 Remedy Sought In Court.

! S'aih1 HhiHc tS oo Late I0F tne
 Remedy Sought In Court.
 Whether the Third ward ballot box, with its 52 votes cast in the school election, shall be counted in deter mining the issues as between Dr. A. B. Rhine and Sam P McKeehan, for 1 position on the school board. will be handed down in decision by Circuit Judge Gotham Monday morning at 8 o'clock.
 The question Is before the court now on the request for a mandamus which will require the Third ward election judges to certify the returns oh the 52 votes cast, which they had | formerly refused to do.
 Counsel for Dr. A. B. Rhine urged a decision on the mandamus yester- day afternoon. through a statement that the school board was to meet in the evening and transact business, and to the end that it might be 1e termined whether Sam P McKeehan or Dr. A. B. Rhine should serve on 1 the board at that session, bn, Judge Gotham stated there were many ques tions involved and many authorities to look up, and he reserved his de- cision until tomorrow.
 | The style of the case now in conrt is Rhine ys. Searcy, ct al, and the plaintiff is represented by Attorneys | Lyons, Leslie and Ryan, while the end of the election judges is being de. tended by Prosecuting Attorney B.. | Wood
 | In the answer that Prosecutor Wood | filed for the defendhnS yesterday morning there was the general claim that the judges of the Third ward mad not taken the oath of office, and that they were not in actuality judges, and l that when Laser, Little and Klein and others became abusive and in- sulting about the precinct the judges closed the polls and quit, and that they acted within their rights. l Judge Leslie presented the facts, as alleged that took place on elec- ton day, that the judges undertook to hold an election, that they receiv- ed ballots from the voters, 52 in num- Der, and that they were defacto | judges, whether de jure judges or not, and that the supreme court through numerous decisions held the acts of l defacto judges to be legal Judge | Leslie asked that an order issue from l the court for them to have the poll | book of the Third ward to offer in evidence that 52 votes had been reg
 stered in the Third ward under II proper conditions, and had not been certified and were still uncounted
 Judge Wood stated there was nc petition for an order of that kind. ant that 1t would have to be first deter mined whether they had a right [, open the box and count the votes He disputed there was a valid elec ton held, and stated the acting judg- es never considered themselves judges because they had not sub scriDed to the oath of office required under the statutes.
 Judge Leslie answered this with the statement again that the judges were defacto, taking the votes of the voters, acting as judges. and even Il never sworn in, that was no defense to this cause He declared he would rest his case on the admissions made in the answer filed by Judge Wood
 Judge Wood stated that knowledge had just come to him that the certifi cation of election of Hamp Williams and Sam MeKeehan had already been issued and they were sworn in as school directors having been declared elected, and that the only remedy the other side had was to contest the election He objected to the opening of the ballot box, and made some ref erences to the proceedings looking like a return to the old days
 Judge Leslie answered this reuec tion in his next remarks, and there were some lively tilts as to keeping within the record of the case. He stated ttat if the position of Wood was right, and no legal election was held no great evil could result from an order opening the box No rights were involved if the box was not a legal box and therefore he could not understand why Wood so opposed opening the box We want those ballots counted, said Judge Leslie, and If that is done it may be the other side that is forced to contest this election instead of us"
 Judge Wood answered that the only thing the opposition could do was  contest, and that even if the box were opened and the result changed by the showing there. it wouldn't amount 10 anything further without the pro- ceedings of a regular contest
 County Clerk Mooney was sworn his being the only evidence taken He told how the ballot box of the Third ward was brought to him short fly after noon of election day, and had been in his custody since He had looked in the box, and 1t showed where 52 voters had participated in the election, but did not give any certificate of who any of the votes were for The election judges had certified or signed their names to the alfidavits in the front of the poll box, but the signatures were not attested by any notary public. He issued cer- tifcates of election to Williams and McKeehan on the returns of all the other ward boxes. minus the Third ! .4 tulF "a Nftssl