East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-09-08
WEST SAYS BENSON
GOT NOMINATION
THROUGH TR|CKERY



bench Governor West hands the
klamath Falls man a warm roast for
alleged unfairness in connection with
the recount of the votes to decide
the McNary- Benson contest. The 7
governors letter was as follows:
State of oregon, Executive Depart
ment. ];
Salem, Ore. Sept. s, 1914.
Hon. H. L. Benson, klamath Falls,
oregon.
Dear Sir:--I am enclosing yon
herewith a certificate OF nomination
which viii secure for you a place up
on the official ballot as one OF the
nominees of the republican party for
the office of supreme judge. While 1
am firm in my conviction that COM
plete and correct return of the votes
cast at the general election, or even
of those precincts where errors have |
been reported, would have shown |
Judge McNary and not yourself to De
the successful candidate, you have |
succeeded, through sharp practices
and methods which would put TO
blush the meanest pettifogger in the |
land, in producing a result upon the
face of the returns which leaves this
office no alternative but that of is-
suing you the certificate of nomina
ton. Should | pursue different
course than the mandamus proceed
ings would follow and the courts. un-
der the circumstances, would un
| doubtedly be forced to be guided by
the incomplete returns as canvassed
| and to redirect the issuance of the
certificate. Judging by your previous
activities this decision would be
quickly seized upon as a mantle of
respectability to cover the question:
| able methods used to secure the nom-
| ination.
Having. at the request of Judge Nc
Nary and yourself. delayed the can
| vassing OF the vote in order tnat al
| legged errors in certain precincts
might be counted and finding the time
for canvassing the vote growing short
and reported errors still uncorrected.
the state canvassing board-a board
composed OF men whose friendship
you could claim and a majority of
| whom were of your political faith
addressed you the following letter. a
similar communication having been
addressed TO Judge McNary:
September 5. 1914.
Hon. II. L. Benson, Portland, Ore.
Dear Sir:-In view OF the unusual
circumstances surrounding the cleo
ton contest between Judge McNary
and yourself and the fact that a large
number of precincts inclnded in the
stipulation entered into between you
have not yet been counted and that
about fifteen votes in Skies Precinct,
Curry county, have been reported as
! unaecounted by the district attorney,
II is the sense OF the state canvassing
board that the date set for canvassing
the votes. the date for issuing a cer-
tificate of election and the date for
filing acceptance of nominations be
deferred by mutual agreement until
o'clock y. m, September 22, 1914,
In order that the votes in the said
precincts may be recounted and re-
turns made 10 the secretary of state.
AS the time for action is limited,
kindly advise the board as promptly
as possible as TO your wishes in the
matter. Very truly yours,
(Signed) OSWALD WEST, Gov
(Signed) BEN w. oLCOTT,
Secretary of State.
(Signed) THOS. b. KAY, state Treas.
State Canvassing Board,
One had right to assume that
men aspiring to such an exalted po-
sition as the supreme bench Of the
state would receive this proposal in
the spirit in which 1t was offere !.
Judge McNary was prompt to follow
the suggestion and advised the board
that under no circumstances would
he accept a certificate of nomination
unless ii was shown beyond shad-
ow of doubt that he was the choice
of the people. Your attorney. upon
the other hand, declined to accept the
proposal and, when asked IL a re-
count would be permitted, should 1t
be shown that errors existed which
would change the result, stated that
1t would not. Thus II was shown
that 1t was clearly your intention to
secure the nomination by fair means
or foul and YOU are TO be congratu-
lated upon your success and your
having kept within the law"
The state board hoped to have both
Judge McNary and yourself present
when the votes were canvassed. Your
failure to appear was no doubt due
to the fact that you were ashamed OF
the whole dirty job and threw 1t up
on the hands of your attorneys.
In an occasional address-40th An
niversary of Statehood OF oregon, de
livered by Governor W. p. Lord, he
said: -~
4 "Our courts are the sanctuaries Of
our liberties; their judges are the
guardians of our lives, our fortunes
and our honor"
4 THE Judge who palters with justice
or who Is swayed by hope of reward
prostitutes the attributes Of God and
sells the favor of his maker"
AZ circuit Judge YOU have many
times sent to jail young men who
have happened to trespass, in q small
degree, upon the property rights Of
others. yet today you trample upon
the birthright of a whole people and
because you have been skilful enough
to keep within the law are permitted
not only to 60 your way unmolested
but to sit in judgment upon your fel
lowman. II is this lack OF equality
before the law which creates discon
tent and leads many to believe tha