Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-05-04
makes COLLUSION CHARGES
SAYS CITY OFFICIALS COUNTED
VOTES CAST FOR HIM IN
FAVOR OF OPPONTNT.
WOULD RECOUNT IN court
Claims Election Board Is Proper Body
TO Canvass Returns and Issue Ger
uficates of Election.

ln'the district court yesterday, Geo
W. Mowbray filed suit against ia!
lforsythe, recently declared commits
sioner in district No. /, and now hold
Ing the office of commissioner of fir,
and police. Mowbray asks that IN,
office be turned over to him and tina
the certificate of election, issued T.
the defendant, be held for naught
In his petition. the plaintiff allege
many irregularities in the recent anC
last city election. In this election Now
bray, republican, opposed Forsythe
democrat, for the commissionershiI
In district No. /. The canvassers o
the election returns held that Now
bray had received 1918 votes and hi
opponent 1919. ForBthe was las
Monday sworn into office and is nov
acting commissioner.
Mowbray declares that there was q
total of 3,037 votes cast for the two
candidates for commissioner in dis.
trict No. /; that of this number he
received 1888. while Forsythe received
but 1,499; and that by reason thereof
the plaintiff was duly elected.
Wrong Men Canyasscd Votes.
He sets out that the board of com
missioners and the city auditor, with
out authority, counted the ballots and
rejected the returns from certain pre-
cincts and refused to count votes cast
for the plaintiff that they found he
hal "A n
that they without warrant issued to
him certificate of election instead
of to the plaintiff! that the defendant
had intruded himself into the office
and withholds from the plaintiff all
salaries and fees connected Herewith.
Claims Many Irregularities.
Mowbray declares that the city Of
ficials had no right. under the law, to
canvass the ballots, as the state law
provides that the county election board
shall do this. He recites that the city
officials refused to let the election
board count the ballots, and still refus-
es to do so; that the election for the
valid for the reason that certificates of
election were not furnished by the
election officers to the various pre-
cincts for the purpose Of posting re-
turns within one hour after the votes
had been counted, as provided by law;
that at least two votes In precinct No.
10 were cast by persons living seven
miles from Tulsa, near Mingo creek.
and are therefore Illegal; that in pre-
cinct No. 2S, a republican counter left
the voting place and that democrat.
without right, took his place, leaving
three democrats and one republican,
and that then votes belonging to him
were counted for Forsythe: that in
each and every precinct In Tulsa, per-
sons qualified to vote We're not allow
ed to do so; that many mistakes were
made in counting: that the election
was not valid in precinct Is because
they We're marked with a lead pencil
instead of a stamp: that In precinct
No. II fifty votes cast for the plaintiff
were counted for the defendant that in
precinct No. is. collusion with police
men was entered into to keep many
voters from voting: that negroes by
the names of Martin and billiard, at
$500 an hour remained in booths in
No. Is several hours under the pre-
tense of reading and writing parts of
the constitution when they could have
qualified to vote in few minutes.
thereby keeping many from voting
who would have voted for the plain
tiff: that the special policemen pick
ed from the line Of voters formed be-
fore the booths only those whom he
wished TO have vote. and that no at
tentlon was paid to choosing in the
order in which the voters stood; and
that by reason of such fraud and coll
lusion. the election In precinct No. 1S
Is illegal and void.
He prays that the ballot boxes be
produced in court and the votes count
ed before the court. and that he be de-
clared the duly elected commissioner.