The Kendrick gazette. [volume] (Kendrick, Idaho) 1892-1968, 1914-06-26
An Editor Gets Called
Then He Fires Back

Then He Fires Back
From the following published in
the Culdesac Enterprise under date
of Juue IL, one would think that
the election was not over in Nez
Perez county and that war had just
been declared. The Editor has been
attacted this time and so has the
Commissioners: We were taken
to task by Deputy Sheriff Welker
while at Lewiston this week for the
article in the last issue of the Gull
desac Enterprise concerning the
opening of the ballot box at Lapwai.
Mr.. Welker denounced the article
as an outrage. against Sheriff
Lydon and others of the Lewiston
party present. He said that the
sheriff nor any of his deputies or
any one else so far as he knew or
dered the ballot box to be opened.
Now we do not want to do the
slightest injustice to Sheriff Lydon,
Deputy Sheriff Welker, or any one
else. All we are contending for is
square deal and to get at the act
ual facts in the case. In the first
place we should like to ask if the
following named persons were not
present whent he ballot box was
opened at Lapwai: Sheriff Lydon,
Deputy Sheriff Welker, Deputy
Sheriff VIM. Shuts, Deputy Eugene
Gasser, Attorneys Tannahil and Nc
Donald and w. F. Kettenbach, from
Lewiston. Further, did not w. H.
Ankeny, the dry justice of election
protest against the opening Of the
ballot box as unlawful and refused
to take part in the work? Did not
Attorney Brown, of Lapwai also pro-
test with citizens of Lapwai, against
opening the ballot box as being I'M
lawful and did not the election clerk
protest and refuse to take part in
the unlawful recount? Were not all
these protests UNDECIDED and anoth-
er man put in as clerk without hav-
ing the oath administered and the
unlawful recount proceeded with?
A side from the Lapwai attorney
did any of the other attorneys, who
we are told by Lapwai people, were
present intimate or even suggest
that it was unlawful to open the
ballot box without proper authority
and in the manner provided by law?
If the attorneys from Lewiston were
there as we are informed, did they
or did they not know that the law
was being violated? Where was
Sheriff Lydon and his three deputies
while the sacred rights of the ballot
box were being invaded? AS offic
ers of the law did they even suggest
that it was wrong or make the leas1
effort to prevent the unlawful pro-
cedure? Would their failure to do
so be termed neglect of duty in
competency or acquiescense in tn
unlawful act or neither? Was i
necessary for three deputy sheriffs
two lawyers and another either
from Lewiston to come out to Lap
wal on this occasion to assist tn
sheriff in carrying the poll bool
and tally lists merely come out a
sightseers or onlookers with NJ
special purpose in view? Had tn
sheriff, or any of his deputies, O
the two wet Lapwai elections jud
ges ever read the following section
of law:
Idaho Session Laws 1918, Sec
442. After the canvass of the vote
the judge of election must enclos
and seal one of the poll lists fur
nished by the clerk of the distric
court as provided by law; also a
stubs and unused ticket books, elect
or's and freeholders' oaths defacte
I or mutilated ballots, and the elet
ton stamp, under cover, directe
to the clerk of the board of count
commissioners Of the county to whic
such election was held. The pacl
age thus sealed must be delivere
direct to the said clerk PERSONAL.
or transmitted by special messenge
without expense to the county, {
4 deposited in the nearest postoffic
by one of the judges to be chose
\ by, and the postage thereon ar
! the fees for registering the san
must be fully prepaid, and sa
package must be duly registered ar
I receipt thereof taken. The secon
\ poll list, together with the ballot
must be by said judge, replaced
| the ballot box, and by them scale
! up and then deposited with one
said judges to be decided by lot
they. cannot otherwise agree; ar
= the said poll list and ballot must
, kept with the seal unbroken for
| least eight months unless the san
is required as evidence in a cou
of law in any case arising und
/ Il l.,,,, &c 4L,c 70 n,