The copper era and Morenci leader., 1917-12-28
It ascending its b4 mixle of "a the Germans

tenn was inaugurated. Under the old system there was an utter absence of statutory rules regulating the ballot and the manner of expressing the vot CTS choice upon that ballot. The courts were thus driven to adopt the rule of intention" which inevitably permitted the judges to follow any chimerical notions in giving effect to that frequently visionary and uncer- tain quantity known as the voters in- tention." This rule of intention, un- less it be bridled and bitted, is a stealthy invitation to the judges to eX- press the voters choice, rather than by well defined rules of law letting the elector do it himself.
 By the laws of Arizona education qualifications are prerequisite to the exercise of the suffrage. One too illit- crate to mark his ballot substantially as the statute directs cannot for that reason 'be assisted.
 On many of the ballots examined the republican column is printed on the ballot parallel with and directly next to the democratic column. On such ballots the appropriate square in which to mark a cross as vote for Hunt is after the name of Hunt and to the right thereof and opposite there to an in the democratic column, but, nevertheless the cross is more than two inches nearer the name of Camp bell than to the name of Hunt. To my mind it is not more absurd to contend that the voter here intended to vote for Campbell because the cross in the square opposite the name of Hunt is also opposite the name of Campbell but is two inches removed from the name of Hunt, whereas it is only quarter of an inch removed from the name fCampbell. The decisive an- swer to it is that ballot so marked for Hunt is, by statutory direction, the appropriate place to mark it for him These twenty-three ballots are to be deducted from the total vote counted for Campbell.
 Coming to the mutilated ballots, the court finds that it was not specifically charged that they had been fraudu. lently changed, and that such change had been sustained by clear and satis> factory proof. The returns were prima | facie correct and, says the court: When party seeks to overcome the returns of an election with the allega | tions that certain of the ballots had | been fraudulently changed and count ed by the election officers he must produce the quantum of proof necs- | sary to sustain the charge
 | Reference on this point and gener- ally throughout the opinion is made by the court in the ease of Oakes vs. Finlay, , Arizona 39O. Holding that there was no substantial evidence in the record that the ballots had been changed by members of the election board and counted for Hunt, and that the trial court itself had ruled against the theory that the change had been made in the election booths, the court declared that there was not a scin tilla of evidence that any of these bal lots had been changed during the pro | Gress of the court. After reviewing that evidence at considerable length the court finds that there is nothing but the theories of counsel, as ''wide apart as the poles," and hereupon il orders that 42 votes taken from the contestee he added to the votes of the contestant.
 This ruling alone is decisive so that
 only a curious interest attaches tC
 the others in the opinion.
 As to Wilgus precinct, where it was known 14 votes had been cast fol
 Campbell and 6 for Hunt, it was held that these ballots had never been can vassed by the board of supervisors ot
 Cochise county. They could not be found after the election. though the
 beard held itself in readiness o can
 vass them when they might be found
 They were not discovered until after the beginning of the contest when the terasurer of the county found them under a counter while he was gather
 ing UT the; ballots that had been turn od o,.o-. in h i'm hu tho hna rd of S11nei.