The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1916-11-16
DAVIS ELECTION CLAIM
OF REPUBLICANS
Intent of Voter" is Bone of Con.
tention in the Recount of
Ballots

in the state viii give him a plurality
w. c. Gregory, secretary of the Re
publican state central committee
backed by the committee, has the nee
essary machinery in motion in Frank
lin, Bonneville, Bear Lake, Oneida anc
Cassia counties TO secure a recount OF
the returns in those counties.
So far as Secretary Gregory or the
state committee is concerned nc
charges of fraud have been made nor
is it their contention there has been
widespread fraud or conspiracy 70
defraud at the general election held
November 7. Returns, official and
unofficial, give Governor Alexander
plurality of but 159 according to
Secretary Gregory who, on plurality
figures alone, gives the governor 1864
and Davis 4405.
The stand of Secretary Gregory
and the Republican state committee
opens range of possibilities which
may bring over the governorship and
construction of the law from the
supreme court as to how the scratch
ed ballots should be counted.
Attorney General Peterson has sub
mitted to Secretary Gregory a ruling
to the effect that the intent of the
voter in marking his ballot is para
mount and the issue that should
govern in the counting of the ballots.
1t is the scratched ballots and not
alleged fraud that promises to play
most important part in the con-
troversy over the governorship.
In the matter of swearing in Of
voters election day, possible fraud
may have been committed but the
general opinion among party leaders
is that both sides swore in great
many votes, having been forced to do
so because the voters had not taken
the precaution to register.
With recounting in progress now in
at least six counties under directions
and orders of boards of county COM
missioners acting as boards of can
vassers, speculation is rife as to what
the ultimate result will be. The re-
count was ordered in these counties
because in some instances there were
more ballots cast than shown on the
books while judges failed to instruct
as to how scratched ballots should be
counted. The circle at the top of the
party column seems to have caused
a great deal of confusion. Republi-
cans desiring to vote for Justice
Hughes as well as for Governor Alex
ander, placed a cross in the circle at
the top of the Republican column and
later on down the ballot placed
cross after the names of the governor
but neglected to scratch out the name
of his opponent, Davis. Just the re-
verse was true where Democrats de-
string to vote for Wilson and Davis
for they placed a cross in the cir
Gle at the head of the Democratic
column and then jumping into the
column placed cross af-
ter the name of Davis, but failed to
cross out the name of his opponent.
With this situation confronting par
ty leaders both sides claim they have
no fear of the final count in the
event a recount is ordered and the
ballots are counted for the nominees
where the intent of the voter is clear
y shown. However there is strenuous
objection being raised to the free
opening of ballot boxes and the re-
counting of ballots where there is a j
possibility of preference being shown.
Attorney General Peterson has plac-
ID the following ruling in the hands |
If Secretary Gregory of the Republi-
AN state central committee:
''The controlling influence in the 1
mind of an election judge in counting
md recording votes should be the in
ent of the voter. If this can be de-
initely determined all other consl-
lerations must yield. Election judges
hould act as just and reasonable men
md exercise their judgment free from
Il bias and prejudice, remembering
.lways that it is the intent of the
oter that must control"
1t now seems certain that either
he courts or the legislature, or per-
APPS both. will have to settle contests
n the gubernatorial vote.
Members of the state canvassing
oard say they will refuse to certify
D returns from counties where the :
ounty canvassing boards have refus-
d to certify to the count in certain