The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1916-09-11
It WILL SOON Be
THRAsHED OUT
Court is Steadily Deciding Merits and
Dement'S of the Knott
Cats Contest
Especial to the Times-Union)

Tallahassee, Sept. 9.-The supreme
court puts it up to the members of
the state canvassing board to prove
their averments of fraud in Madison
and Hamilton counties as set out in
their return to the alternative writ of
the court directing them to reconvene
and canvass the amended returns of
the primary election, or show cause
why they should not. The return was
filed and argued yesterday and the
court handed down it's opinion late
this afternoon, which is concurred in
by the four justices present.
Reasons for Denying Writ
The main issues raised by the can
vassing board as to why the alterna-
tive writ should not be complied with
and the amended returns canvassed
were:
First-Pursuant to law they met on
June 26 and canvassed the returns of
the primary election and declared the
results and there is no authority to
meet again and do the work over.
Second By affidavits on file with
the secretary of state there is evi-
dence of fraud in the amended re-
turns and evidence of the ballots and
boxes having been tampered with.
The court does not consider that
there is anything to the first issue and
disposes of it in short order, but as to
the second issue the court says it has
merit.
"The last count quoting from
opinion, twas made under order of the
circuit court. In it's last analysis the
averment is nothing less than an inn
putation of fraud upon the circuit
courts order and challenge as to it's
good faith.
Board Defendants in New Proceeding
"a charge so grave, emanating
from source so high as three cab
met officers of the state government,
cannot be ignored. 1t presents an
issue as to the correctness of the
| amended returns as certified to the
secretary of state and the governor
| under the order of the court.
They, the canvassing board, are
defendants in new proceeding in
| volving the performance of public
duty and have the right to question
the validity of the amended returns
made under courts order upon the
ground of fraud The issue will have
to be met. The burden will be upon
the respondents to prove their aver
ments of fraud.
'The motion to strike parts of the
answer is denied, so also is the motion
for peremptory writ denied. The
relator is given until Tuesday, the
18th inst, to join issue upon the aver
ment of fraud
/ (By Associated Press)
Tallahassee, Sept, 9.-The contest
of Comptroller w. V. Knott for the
democratic nomination for governor,
in which he seeks to show through. a
recanyass of certain counties that ne
and not S. ]. Cats, the declared norni-
nee, was the real nominee of the pri-
mary of June 6 last, has taken a new
turn. The supreme court today di.
rected the state canvassing board te
prove its ground for asserting, in re-
!. fusing to make recanvass of the
, amended returns, as sought by Knott
!, that fraud was practiced by the Knot
. contingent in making recount in Mad
ison and Hamilton counties. The boart
must make its reply in court mex
: Tuesday.
: The court says: "The last count wa
made under order of the circuit court
: In its last analysis the averment i
) nothing less than an imputation o
| fraud upon the circuit courts orde
) and challenge as to good faith.
charge SO grave emanating from
source so high as three cabinet off
GERS cannot be ignored. They
the canvassing board, are defendant