The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1916-11-16

rality of the governor for they figure
that where his vote will be cut down
in some counties it will be more than
made up in others.
There is a wide difference of opin
ion as to how the judges in the various
precincts should count the scratched |
ballots.
In Bonneville county those opposed |
to the opening of the ballot boxes in |
the two precincts involved are prepar
ed to apply for restraining orders in
the district court and if the ballot |
boxes are opened to swear to criminal |
complaints and have those response |
BILE arrested.
Statement by Peterson.
Attorney General ]. II. Peterson was
asked yesterday if any request had
been made of him for an official opn-
ion covering the controversy over the
count on governor.
Not yet" he replied, "but there
have been limitations over the tele-
phone that l will be asked for an opin
ion"
General Peterson stated that the
question, so far as he knew from a
hasty examination. had never been
raised in this state
There are two laws on the subject"
he added. zone requires that a citi-
zen who votes a straight ticket and
denotes his preference for one or more
candidates on the opposing ticket must
scratch out or Obliterate the names of
those for whom he does nSt desire to
vate
another law states that if the pre-
cinct judges can determine the intent
of the voter it is their duty to record
il in harmony with that decision
Il have not gone into the subject
closely but my present conviction is
that equity demands that the intention
of the voter, if it can be ascertained,
should be followed. 1t is up to the
precinct judges under the law to de-
termine if possible the voters inten-
ton
Just how effective any steps may
be designed to correct any error of
the judges undermining the voters
intent seems to be the question imme-
diately at issue, and l am not pre-
pared at the present moment to pass
upon it."
Section 44S of the revised codes
uldACo Nit lOiAOWlAiS HAON ioAOh ACA hHN
canvassing of returns by the board Of
county commissioners.
The board of county commission
ers, the auditor acting as clerk, in the
several counties, must act as a board
of canvassers of elections, and must,
on the tenth day after any general or
special election, or sooner, if all the
returns be received, and any two Of
the commissioners are present, pro-
coed publicly, at their office, to open
the returns and canvass the votes Of
said election and make up abstracts
thereof and it is their duty to canvass
and make up abstracts of all returns
that are ineligible on their face and
which are sufficiently authenticated to
show what returns they are and il
any returns are rejected on account of
informality, ambiguity or uncertainty
and none must be rejected for other
causes-then it is the duty of the
board to deliver the returns so reject
ed to the sheriff of the county, who
must proceed at once to summon and
call together the board of judges OF
election of the precinct from which
said returns were received and inform
them mat such returns have been re-
/ iected; and it is the duty of such
board of judges to meet puDlically. at
the place where the election was held
+ AL tneir precinct, Immediately after re-
/ ceiving such notice, and at once pro-
coed to put said return in due form
and certify to the same, and for the
purpose OF so doing they may have the
ballot box brought in and opened in
their presence and the contents there
of inspected, and when said returns
have been duly corrected they must
be delivered into the hands of the
snerltf, ana the BOARD OF canvassei
may adjourn, TO await the correction
of said returns, for period OF mo-
more than five days at one time, MOI
more than 10 days at all. When sale
canvass Is completed the abstracts
must be made up and signed by The
board. +"
At Republican state headquarters i
was stated today that d. w. Davis, th'
Republican candidate for governor
had stated his position over the tele
phone. Mr.. Davis was quoted as say
ing that he had taken no initiative IL
the matter and did not propose to d'
so. IL was a matter, he said, entirel.
in the hands of the executive Officers
of the Republican state committee.
Secretary w. c. Gregory of the Re
publican state committe stated yester
~fe'oiont REPORTS had beer
received at. headquarters as to impro
per counting OF the vote on governor
.#..a.. I. Iuf 10