The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-04-09
COUNTER CHARGES
On CONTEST CASE
SWEETS ATTORNEYS CLAIM
THAT THERE WAS ILLEGAL
VOTING IN THE FIRST WARD
CASE PROBABLY TRIED ToMoR-
ROW OR THURSDAY,

ROW OR THURSDAY,
The contest over the mayoralty Of
the city of Fargo brought by J. J,
Jordan against w. d. Sweet will prob
ably come up for trial tomorrow OF
Thursday before Judge Pollock. The
contents Of the answer to Jordan's bill
of particulars was filled late yesterday.
The principal feature OF the answer
is a counter charge of illegal voting
in the First ward.
The answer says in part:
That the grounds upon which he
rests the validity of his election, in
addition to the fact that upon the
face of the returns of said election
he was found and declared to be the
duly elected mayo of said city, are
as follows:
That no election was fairly and
honestly had or conducted in the First
ward of said city of Fargo on the
18th day of March, A. d. 1912, but the
election pretended to be held in said
ward on said day was irregularly,
~fraudulently and dishonesty conduct
ed, and the result thereof was mo- an
expression of the preference and will
of a majority of the voters Of said
precinct at such election by a full, fair
and just expression of the said votes,
and a just and fair election was pre-
vented because of gross Irregularities
on the part of the election officers and
the misconduct and unlawful inter-
ference with the board of election and
the voters of said ward and in the
conduct of said election by one James
Fl. Stewart and others, as follows:
THE election board of said ward
at such election consisted of S. S.
Graham, inspector; Fred Kramer and
]. F. Gravelle, judges; and H. f. Starr
and John j. Rentschler. clerks:
THAT none Of the said election off,
GERS were sworn as required by law
or at all previous to the votes being
taken at said election in said pre-
cinct;
THAT during the day of said cleo
ton and while the polls were open in
said precinct the said Fred Kramer,
judge, and III. r. Starr, clerk, absented
themselves at the same time from the
polling place and polls and both re-
manned absent therefrom at the same
time while said election was in prog
Tess for a considerable period of time,
and, as this defendant is informed and
believes, for a period of half an hour
or more and that upon their return
the said S.. S. Graham, inspector, ]. f.
Gravelle, judge, and John Rentschler,
clerk, all absented themselves at the
same time from the polls while said
election was being held and voting
was in progress, and all remained abb
sent therefrom at the same time for
a considerable period of time, and, as
this defendant is informed and be-
lieves, for a period of half an hour
or more;
Charge Stewart Was Active.
"That one James H. Stewart is and
at all times herein mentioned was a
resident Of and the senior alderman
in said ward and was because of the
fact that he was a candidate for re-
election to the office Of alderman Of
said ward disqualified to act as an
election officer:
THAT during all Of the time herein
mentioned the said James H. Stewart
was an active partisan and supporter
of the plaintiff. John J.. Jordan, and
an active partisan, opposer, and work
er against this defendant and actively
supported the said John J. Jordan in
his candidacy for said Office and ac-
lively and strenuously opposed this
defendant in his candidacy therefor;
THAT during the day of said cleo
ton and practically all of the time
while the polls were open in the said
precinct for the said election the said
James H. Stewart was in and about
the polling place electioneering for the
said plaintiff and himself and attempt
ing to influence and influencing the
voters of said precinct at said election,
to vote for the plaintiff, was directing
the conduct of said election and the
said officers in the discharge of their
duties, and frequently interfered with
the said officers and with the said
conduct of the said election.
THAT during a considerable part of
said day while the said election in the
said precinct was in progress the said
James H. Stewart assumed the con
troll of the fcard of said election in
said precinct n received and. took
into his W hands from the voters
ballots offered by them to be voted,
and deposited the same in the ballot
box, checked in the registry
lists, recorded names of voters in the
poll books, and generally directed in
detail the conduct Of the election and
polling place, and at the same time
| assumed to and did administer an
oath to non-registered persons who
presented themselves to vote at said
election to the number. as his defend
ant is informed and believes, of TWEEN
ty or more, the names of whom are
to this defendant now unknown, and
at the same time subscribed an aft
davit Ia several of such instances for
the said persons so voting, as an
householder, and without swearing to
or making an oath to the same before