Bisbee daily review., 1917-10-21
VOTERS INTENTIONS RECEIVES ATTENTION
 IN THE ARGUMENT


 intention of a voter who had imper- fectly or incorrectly marked his bal lot, occupied the greater part of this mornings session of the supreme court hearing the appeal of the Hunt Campbell governorship contest trial.
 Both sides of the case have been anxious to have an intimation from the court as to it's attitude on this point. inasmuch as it played an impor- tant part in the proceedings in the lower court. With only 67 votes plu- rality for the winner in the election, the disposition of every disputed bal lot is of vital importance. Not count ing the votes of Douglas No. l pre- cinct, upon which the odium of fraud has been placed, there are a large number of votes that are disputed by both sides because each side is claim ing numbers from among this class of imperfect marking.
 It is admitted by both the appellant and the appellee that the lower court in rendering it's opinion on this class of ballots was not consistent What the final outcome of the decisions by the lower court has meant to the indi- viduals concerned is not certain. but | attorneys for Governor Campbell ap- | pear to be anxious that the supreme court admit evidence 10 determine the intention of the voter
 In arguing this point, Judge Sloan for Governor Campbell declared that the statutes of Arizona covering the proper making fthe ballot by the voter are not only very general, but also very loose. Are We, then" he argued; ''to conclude that the statute is mandatory and that the court has not right to attempt to determine the intention of the voter?"
 Here Justice Cunningham interpos- ed the comment that usually a man is supposed to know the law regard ing the proper marking of the ballot and that if the law says so and so. the court is not granted the liberty to in erpolate the intentions of the voter who through ignorance does not fol 'ow the law
 Another Viewpoint
 "That is another view of the case. if your honor pleases," returned the 'ttorney. But while I am not quar- reling with the court on this point, I must say that such is the extreme view of the case"
 Judge Sloan then cited cases in other states where the supreme court decided that the courts had right to determine the intentions of the voter
 To illustrate his point the attorney introduced 8 ballot cast lin the cleo ton with which the contest is con cerned. The voter had placed a cross at the head of the democratic col umn, casting vote, apparently for what is known as straight ticket. But he had also gone over into the republican column and placed a cross after the name of Thomas F. Camp bell for governor.
 Now, then" argued Judge Sloan "can any reasonable man doubt but that this voter intended to cast vote for Campbell?"
 No expression Of the opinion of the high court on it's attitude toward such a ballot was given directly at that time. But Chief Justice Franklin in ferred that the intention of the voter would receive consideration from him at least when another type of imper- fectly marked ballot was introduced. | This ballot under consideration had the word yes" written after the name of George W. P Hunt.
 Intent; On Rules
 Now, then" said Judge Sloan, "al- though the statute distinctly pre- scribes that a cross-and a cross alone-shall be the method that the voter use to indicate his choice of candidates. is the court, then. accept ! ing the statute as mandatory to throw. out this ballot?"
 Well" replied Justice Franklin, T ] certainly would count this ballot as vote for Hunt.
 "On what theory?" eagerly asked the attorney for Campbell.
 "On the grounds of the vo,er's evi- den intention" replied the court.
 Exactly" exclaimed Judge Sloan. Then you do rule that a voters in tentions are possible and allowable of interpretation by the court?'
 "Yes. in this instance"
 Various types of imperfectly marked ballots were then introduced by at torneys for Campbell. The court ap- peared to be interested in this phase of the hearing.
 Following the discussion of these ballots. the fraud in the counting of the ballots of Douglas precinct No. l again came up for scathing by Judge Sloan. Much will depend upon the supreme courts disposition of the bal lots in this precinct. and the attorneys awaited eagerly an intimation from the bench as to what would be its probable action on this matter. They