The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1912-12-24
Missing Ballots Of FROM and Grant
Valley Prove Stumbling Block
in Recount.
STATUS OF THE CASE CHANGED
Amendment to Original Notice Al
lowed By Judge Stanton Alters
Ground of Battle.

Bemidji is attracting much atten-
ton because of the Moon-Harris con-
test for the office of county register
of deeds. Both men are we'll known
in Northern Minnesota and that fact.
together with the legal talent en-
gagged in the fight, has focused much
attention here.
J. O. Harris, the present register of
deeds, was reelected to Office at the
general election in November by five
votes, according to the official count
Of the canvassing board. c. o. Moon,
the losing candidate, who is deputy
county auditor, ran on the Socialist
ticket while Mr.. Harris ran as a Re-
publican. Soon after the election,
Mr. Moon filed a notice of contest in
the district court claiming that all
of the precincts contained errors in
the count
Judge Stanton then ordered a.
count of the ballots. F. S. Arnold
was appointed inspector by Mr.. Moon,
Thayer Bailey was appointed inspec-
tor by Mr.. Harris and the two chose
Fred Rhoda, clerk of the court, as
the third inspector. A count of the
ballots was then made and errors
were found in thirteen precincts. On
checking over the precincts it was
found that no ballots had been
counted from the towns of FROM or
Grant Valley.
County Auditor George was called
upon to produce the missing ballots
but after a search replied that they
could not be located. The inspectors
then reported to the court that they
were unable to count the ballots from
FROM and Grant Valley but that
leaving out these two towns, Harris
had majority of fifteen. By taking
these two towns at the figures of the
official canvass, Moon would have q
majority of three.
The next step in the case was taxi
en- last week by the attorneys for Mr.
Moon who appeared before Judge
Stanton and asked to amend their
original notice of contest. The orig
| inal notice had claimed that errors
were made in all of the precincts of
! the county. 1t was asked to amend
so that errors would be claimed in all
precincts except FROM and Grant
! Valley. The amendment was allow
ed by the court
Had the original notice been al
lowed to stand, it is the opinion of
several attorneys that Harris would
have been declared winner of the Of
flee as there is a state supreme court
decision to the effect that in case of
a recount and any portion of the bal
lots are missing for any reason so
that they cannot be counted, they
are excluded from the count. By al
lowing the amendment, the status of
! the case became changed so that the
former decision does not apply.
For several days the attorneys fol
| Mr.. Moon have been introducing evil
| dence in support of their claims Mr..
Moon, Auditor George and others
| have been on the stand County Aud
itor George is at loss to know how
| the ballots disappeared as his vaults
: have been open to county officials,
their employees, attorneys and Others
} of responsibility known to the audi
tor who nave had business in them
! The case will go over Christmas
and bids fair to cost the county q
| neat sum before it is finished. II
is understood that no matter which
side wins, the matter will be taken
to the supreme court and will not
be finally settled until that court has
lpassed it's decision.