The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1913-06-14
COURT DECIDES in
FA YOR OF MOON
Minnesota's Highest Tribunal Finds
That Decision Of Judge Stanton
Of Bemidji Should Stand.
THE RECOUNT WAS CORRECT.
Fact That Ballots Disappeared From
Two Towns in Evidence Does
Not Show Irregularity.5
GIVES OFFICE TO SOCIALIST

IL
GIVES OFFICE TO SOCIALIST
Supreme Court Holds That Moon is
Rightful Possessor Of Register Of
Deeds Position.
In a case, which since it was first
submitted to the supreme court several
weeks ago, has caused a large amount
OF interest in Beltrami county, the
states highest tribunal yesterday de-
cided in favor of the lower court in
the Moon-Harris contest suit for the
office of register of deeds, thereby Civ
ing the Office to Moon. So: ~ =. =. 0 IL
Moon is a socialist and ran on that
ticket at the general election last
fall. sz.
 ,s.z:z . . -
On the face of the returns of the
1canvassing board it appeared that J.
70. Harris, then register of deeds, had
been declared the winner by vote of
l1,458 to ], 1853. - . :. = =. - E (.
Moon at once decided to seek q re-
count and employed as his attorney
/ A. M. Crowell of Bemidji, who later
was assisted by Senator c. C. Nc
/ Gart1y who had charge of the case
before Judge Stanton in the lower
coprt, and also appeared for Moon in
tine supreme court. 3. p. Mcdonald
has handled the case for Harris.
j Immediately after the recount, dur.
ling which it was discovered that the
ballots of, two towns in which the ma
jority was in favor of Moon we're
]. found to have disappeared. With this
missing it still left Harris the win
ner. :. IL: r. -: s@zss ~
The case was then tried before
Judge Stanton who held that the re-
1count must govern and that secondary
i1eyidence in the consideration of the
/ missing ballots should also be taken
into the evidence In this the supreme
court upholds the Bemidji jurist, as
in all of the points of law. :.
The action of the supreme court in
a decision by Commissioner Dibell,
means that Moon is the rigful register
fof deeds and that the majority is 8
votes the result being 1,46O to- /, 46S.
The syllabus follows: A notice of
appeal in an election contest for the
Office of register of deeds which
states that the ballots cast for the
contestant were enormously counted
and returned for the contestee in all
of the precincts of the county, and
that If correctly counted and re-
turned they would have given con-
testant pluarlity, sufficiently speci-
flying "the points upon which the con-
test will be made within r. L..1905,
Section 1886, amended by Laws 1911,
Chapter SO.
Authorizes an Amendment
| The statute cited authorizes an
amendment Of the notice of appeal.
There was no error in permitting the
notice to be amended so as to- charge
that there were errors unfavorable to
contestant in all the precincts except
two, though such amendment was un-
|necessory, the official returns OF the
two precincts being presumptively
correct though alleged to be erron-
eously counted and returned unfav-a
orably to the contestant.
| Two Precincts Not Recounted
| In the sixty-nine precincts OF the
county which were recounted the con-
ltestee was given by the recount a ma
iority of fifteen against a majority of
twenty-five upon the official returns.
In the two precincts, not recounted,
1.-THE contestant relied upon the Of
fetal returns which gave him ma.
jority of eighteen. The court found
THE contestant elected by majority
lof three. It is held that the contestant
properly relied upon the official re-
turns Of the precincts not counted,
and the recount of the precincts re-
counted, and was not required to
make recount Of all the precincts
in the county or Of more than suffice
lent to give, with the official returns,
a result In his favor; and, II the bal
lots and returns were kept with SUI
ficient integrity to permit their use,
in evidence, the court was correct In