Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1916-12-28
CERTIFICATE IS
GIVEN TO HOOKER
District Judge Conn Linn Set
ties Assessorship Race for
the Nonce.
RECOUNT IS YET POSSIBLE
Quo Warranto Proceedings
Can Be Instituted After
January |.

Advised 10y the county election
board that au error had been made
IN tlbuating the vote In Lynn Lane
precinct No. !. which would give W. :.
Hooker the office of county assessor.
over T.. \. North. bv seven votes plu-
iallty. District Judge Conn Linn Yes.
tcrdav instructed the board to issue 4
certificate of election to Hooker The
certificate was issued dnd Hooker viii
assume office next Tuesday
.. y North. Republican candidate
for the cfflce. Is satisfied that he won
Icy plurality of more than forty
votes. lie will institute quo warrant1
proceedings ~ soon as Hooker takes
office ana In that manner secures y
recount Of the votes cast in every pre-
cinct IN the county.
History of Case.
THE recount of the votes cast for
assessor was ordered on the petition
Of W. $. Hooker" said judge Conn
iinn last night IAN answer was
filed by Mr. North, alleging sulstnn-
TALLY the same things as set forth nv
Hooker. | appointed 4. \. Hatch as
referee and he began counting tho
votes II then developed that the cleo
ton board had made an error of seven
Nots In tabulating the official returns
II seems that the votes cast for sher-
if' In Lynn Lane precinct No | were
credited 10 the candidates for assessor
and vice versa. This error was In
North's favor and gave him seven
votes he was not entitled TO. X. l..
davidson. counsel for Hooker. looked
up the law and came into my court
asking that the suit bc diumlssed on
tho grounds that he had erred IN
bringing the action. | believed he
was right on the points 90 law In
Nolved and dismissed the case. Then
MI North asked that the recount he
continued On the strength Of the an
swor he had filed. | gave BeN Conner.
his attorney. half n day to prepare
his arguments. He came into court
and the question was argued pro and
con. | held against him.
Issued Certificate.
Hooker then applied for writ of
| mandamus compelling the election
board 10 issue him a certificate. |
issued the writ and made II return
able today. This morning two mem
bcrs of the election board stated un-
der oath that the alleged error In
Lynn Lane precinct No. ! had been
made and announced their Willingness
to issue Hooker "A certificate of cleo
he now has his certificate
''The only legal manner in which n
recount of votes can he had is by quo
warranto proceedings. which can only
be instituted after one OF the candi-
dates Is In office. As soon as Mr..
Hooker takes the oath of office Mr..
North can file quo warranto proceed
, ings alleging irregularities In all or
"A part of the precincts and then we
can 20 back of the returns and re-
count all Of the votes.
"It Is all question of law and l
have ruled as | thot right. | believe
every lawyer in town Will say that L
have done the right thing"
North Was Elected.
Thru an error in precinct No 10.
city of Tulsa. Mr.. North lost 40 votes
that were rightfully his. A recount
will adjust this error and insure his
election by plurality of more than
! forty-fivc votes in spite OF the errors
| in LINN Lane and elsewhere that were
against Hooker In the recent re-
count precinct 10 was one of three
precincts that were not counted when
! the proceedings were halted.
Judge Linn declared yesterday that
he had no personal interest in the
case and did not care which man held
the office so long as the law wa p
held.