Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1912-11-26

Alleging that Frank E. Meyer, who
was declared elected to the office of
county assessor at the recent election,
by the county canvassing board, by a
majority of three votes, was not legal
ly elected to the office, and that sew
eral irregularities exist in the returns
as certified by the different election
boards which, when legally counted
will show that he has been elected
Arthur r. Allen, of Rickreall, Repub-
lican candidate for assessor at the
election held on November 5, has be-
gun contest proceedings against Meyer,
according to papers filed in DEPART
ment No. 2 of the Polk county circuit
court on Monday. The contest is set
for hearing on Friday, December 6,
at 10 o'clock in the forenoon, before
Judge Percy Kelley.
Six Precincts Specified.
While the contest, which will be
simply a recount, will embrace every
precinct in the county on the vote for
assessor, the complaint especially des-
ignates six precincts in which alleged
errors exist in the counting, by rea-
SUI VI TIE llleSdl Oh votes
cast in said precincts and further be-
cause members of the election boards,
wearied by their long vigil in count
ing, fell asleep and that judges acted
in the double capacity of judges and
clerks. Upon these alleged irregulari-
ties the grounds for the proposed re-
count are based.
Three Ballots Thrown Out.
The complaint alleges that in Salt
Lake precinct three or more ballots
were rejected and not counted for the
office of assessor, or for any other
office for the reason that the voters
cast their ballot for president rather
than the electors for president"
In South Dallas precinct it is alleg-
ed that "one of the clerks became too
ill to continue his work, and that, on
account thereof one of the judges
took the clerks place, performing the
double office of judge and clerk, which
condition was calculated to occasion
error"
Entire Board Asleep
In Eola precinct, where the heaviest |
vote in any one precinct in the county |
was cast, your contestant is advised |
and believes, and in consequence
thereof alleges, that the clerks and |
judges gave way to sleep on account |
of exhaustion from unreasonable |
hours of attention to work, and in |
consequence error was made in the |
count, and that one of the judges, in
spected and counted the votes.
That in number of precincts your
contestant is informed and believes,
and therefore alleges, that errors were
made in tabulating the votes cast in
said precincts for the office of as
sessor
One or More Thrown Out.
THAT in North and South Mon
mouth precincts one or more ballots
were thrown out and not counted for
any county officer for the reason that
the voter enormously cast his ballot
for president rather than the presl-
Dental electors.
That in South Independence pre-
cinct one ballet was not considered,
though legally cast, for the reason that
the judges held that the voter was not
qualified on account of not having re-
sided long enough in the precinct
when, as a matter of undisputed fact
the voter had resided in said precinct
for more than two weeks and was of
lawful age.
That defendant did not receive
of the legal votes cast at said
election but, on the contrary, plaintiff
did receive a plurality of said votes.
and was duly and legally elected and
IS entitled to the Office of assessor for
said county and state"
Wants Judgment of Court.
Wherefore plaintiff prays judg-
nent of the court declaring plaintiff ,
elected to the office of county assessor.
md that the clerk shall issue a certifi- ;
lcte to said plaintiff which shall be !
exclusive evidence of plaintiffs right |
20 hold the said office, and for his
,Osts and disbursements of the con-
est"
c. l. McNary, of Salem. appears as
counsel for Mr.. Allen in the proceed ,
ngs. Ii
Method of Procedure.
Inasmuch as the contest only con- I
emplates a recount of the vote on as :
iessor, and no claim Of fraud is set up. I
n the event that the case is held legal {
~ the court. and the various motions I
liable to be advanced by counsel for I
=
'Orably to the plaintiff. the county l
-lerk will be ordered by the court to :
pen the ballot boxes and the count I
viii be made by the court OF by some T
ne designated by him. the clerk act 5
ng as tallyman. Every ballot cast in '
he county viii be inspected and q
ounted on the Office Of assessor. Both =
ne plaintif and the defendant may be a
represented in person and by counsel. I
nd all objections regarding the " q
Ounting Of alleged illegal ballots. ad- '
-anced by counsel. must be decided by d
he court If
Friends RequeSt It. \
Regarding q recount Of the votes 4
ast for assessor at the recent election
am doing 50 az the urgent request
& many friends from nearly every d