The Alaska daily empire., 1917-03-23
Canvassing Board Ordered To Give the Place to Democratic
 Candidate.
PROTEST IS REJECTED
Canvassing Board Refuses To Make Valentines
 Protest An
 Answer.

Judge Robert W. Jennings this afternoon issued peremptory writ of mandamus directed to Gov. J. F. A. Strong, Surveyor. General Chas. E. Davidson and Collector of Gus. toms John F. Pugh, as members of the Canvassing Board, commanding them to issue a certificate of cleo. ton to Charles A. Sulzer, as Dele gate in Congress from Alaska, as the candidate having received the highest number of votes for that office at the election held in Alas ka, November Eth last. The writ was issued after a letter had been received by Judge Jennings from Gov. Strong, as president of the CanVassing Board, saying that the Board refused to make the Valen- tine protest an amended answer to the complaint in the premises and that the Board did not intend to make any further appearance in the matter.
 The writ will be served today. REJECT VALENTINE PROPOSAL
 The Canyassing Board refused to make the protest of Emery Valentine against counting the returns from 47 Alaska precincts. an amended an. swer to the complaint and petition for a writ of mandamus to compel the toard to issue a certificate Of election to Charles A. Sulzer as Dele gate to Congress from Alaska.
 The Valentine blanket protest was similar to former protest filed by Hellenthal and Hellenthal and Vim and Burton to counting any returns from the Second Division was 6O-odd precincts in the First, Third and Fourth Divisions which had given Delegate Wickersham pluralities. This protest that was filed by attorneys in behalf of Senator SuIzer was turned down by the Canyassing Board, after the Attorney.General, in answering the 22 propositions sub. mitted to him, held that all of the Irregularities, except those against counting the votes where official bal. lots were not used and where the certificate of explanation demanded by law was not provided. were for violations. of provisions of the stat ute that were merely directory. The Attorney.General held that the irreg. ularities in the precincts of Chog. giung, Nushagak. Utica, Deerlng, Bon- nifield and Vault were violations of mandatory provisions of the statute, and Judge Jennings upheld this con. clusion.
 suIzer Would Win Anyhow
 If the precincts which have been protested by Valentine on account of irregularities and those which have been protested by Hellenthal and Hellenthal and Vim and Burton, and the returns of Fairbanks city | WHICH are III SlHllldI SOhultiOu' "OAN eliminated. Sulzer would still be the victor by substantial plurality.
 Under the circumstances including the fact that the class of irregulari. ties referred to by Valentine had al. ready been passed upon by the At torney.General in the case of pre-. cincts that had been protested in behalf of Sulzer and in which Wick ersham had received pluralities, the Valentine protest was taken serious lily by no one. The fact that though. in effect. invited to do so Mir. Val. entine did not present 1t. or the facts set forth in it, in the United States District Court where the matter was pending.
 Board Refuses to Make Further
 Appearance
 The refusal of the Canyassing Board to make the Valentine pro test an amended answer was con
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