The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1913-01-27
The Finding of the Court.

THAT at said general election in
said county the aggregate number of
votes cast for each of the parties
hereto for the Office of register of
deeds was as follows, to wit: For
c. O. Moon, the contestant, 1853:
For J. O. Harris, contestee, 1850. 1t
finds as conclusions of law that the
said contestant, c. O.Moon, is en-
titled to judgment herein adjudging
and declaring that he, the said C. O.
Moon, was at the general election on
Tuesday, the fifth day of November,
1912, duly elected register of deeds
in and for said county for the term
beginning on the first Monday in
January 1913, and that he is en-
titled to said office.
LET Judgment be entered accord
ingly after twenty days from the
date hereof"
c. o. Moon was elected register of
deeds of Beltrami county at the last
general election by three votes &C.
cording to decision filed this morn
ing by Judge G. w. Stanton. The
decision provides that Judgment for
Mr.. Moon be entered in twenty days.
According to the returns of the can
wasting board, J. o. Harris, was de-
clared elected by majority Of five
votes.
1t has generally been understood
that the case would be carried to
the supreme court by the losing side.
Should such an appeal be taken by
Mr.. Harris, he will retain the office
until the appeal is settled. Should
the decision of the supreme court be
adverse to Mr.. Harris, it is probable
that Mr.. Moon will have an action to
recover fees collected in the in
term.
Inspectors Named Nov. rs.
The notice of the contest on which
the present action is based was filed
by Mr.. Moon November Is and asked
that inspectors be appointed to ex-
anime the ballots. It was so ordered
by the court and Thayer Bailey, act.
ed for Mr.. Harris, F. S. Arnold fo1
Mr.. Moon and two selected Fred
Rhoda, clerk Of court, as the third
The inspectors reported on December
IL and made supplemental report
on December 10. Attorneys for Mr.
Harris appeared before Judge Stan
ton on November 20 and December
4 and filed written objections to fur.
ther proceedings but in each case
were overruled.
The case was called to trial Dec
ember 10 at an adjourned session OF
the September general term and at
that time Mr.. Moon was allowed to
file an amended notice of appeal in
which the towns Of FROM and Grant
Valley, whose ballots had been found
to be missing, were omitted from the
general allegation of error. Mr.. Har-
ris' amended answer stated that there
was an error in these two towns
Testimony was taken until December
"a and on January IL, attorneys fol-
the two contestants made their final
arguments.
Judge Stanton's decision, in speak
ing of the FROM and Grant Valley
precincts, says that the testimony OF
every member of the election board
of these towns confirmed the accur-
acy of the official returns. The coun-
ty canvassing boards report was al
lowed to go in uncontested by the at
torneys for the contestee, Mr.. Harris
No Suspicion on Moon.
In speaking of the fact that Mr.,
Moon, as deputy county auditor, had
access to the ballots since they were
placed in his care, the court quotes
from an Iowa case that the mere OPP.
portunity to tamper with the ballots
does not raise z suspicion that thsy