Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-11-14
AWAIT BALLOT.BOX
OPENING DECISION
Town Meeting Party and Re-
publican Organization to
Contest to End
INJUNCTION THREATENED
John r. K. Scott Would Restrain
Prothonotary From Showing
Check Lists

| A decision by the Supreme Court Of Penn
/ sylvania on whether a court may open a
ballot-box upon allegation Of fraud unsus-
! tained by evidence Is being awaited today
| to clear the atmosphere In the ballot-box
battle between the Town Meeting party and
the Republic IN Organization.
Should the Supreme Court. which has n
case of that kind before Il now, decide that
ballot-box may be opened IN search
for evidence OF fraud. wholesale opening of
ballot-boxes in Philadelphia probably will
follow. The case before the Supreme Court
is from Lackawanna County
The Official count up to and including the
Twenty second Ward was completed early
this afternoon, and gives Edwin X. Borie
lead OF sixty votes over Joseph Boyle, VINO
opposed him as a minority candidate for
the magistraCy. Boyle, according to the
police returns was elected. But there are
still twenty-six wards to count. and 1t IL
possible that Borcs lead may only be tenn
porary.
BY agreement of counsel on both sides,
all arguments on both sides were suspended
until tomorrow. Among other things Sched-
uled to come up tomorrow are arguments on
petitions to open ballot-boXes In the second
division of the Eighteenth Ward One pc
tition will be presented by the Town Meet
ing party and another by the Organlza-
tion.
THREAT AND COUNTER-THREAT
Threats by Representative John r. *.
Scott, counsel for the Republican city com
mittee, to apply for an injunction today re-
straining Prothonotary Walton from per.
mitting Town Meeting counsel to scan the
voters checklist books in the probe for
fraud were met by a counter-proposition
from Robert S. Bright. of Town Meeting
counsel. Mr. Bright. pointing out that Repre-
sentative Scott expressed desire to clean
up alleged fraud" suggested in letter TO
Scott that the organization and independent
forces make a Joint application to the Elec-
ton Court to open every balot-boN In the
city.
Let all parties be sincere and take the
people into their confidence" said Mr..
Bright.
The inspection Of the check lists is being
continued today by Prothonotary Walton,
following Judge Finletter's announcement
Yesterday that under tn eact of 1899 the
Town Meeting party had right to examine
the lists. in spite of the Organizations pro-
tests.
BY examination of the voters checklist
books members of the Town Meeting party
committee hope to ascertain what became
of the 10000 registered votes which were
unaccounted for after the polls closed on
election day. The vote this year it was
pointed out, was about 10000 below the
normal This. u was said was suspicious
on the face Of it. as the normal number OF
registered voters who fall 20 go to the polls
seldom exceeds 10000.
THIRTY DAYS IN WHICH TO ACT
It is believed that by examining the
voters checklist books and comparing the
figures thereon with the number of votes
returned managers of the Town Meeting
party will be able to ascertain whether or
not fraud was perpetrated and whether or
not they have sufficient grounds upon which
TO contest the election. a..
When the election court convened yester-
day morning, Henry J. Scott, of counsel for
the Town Meeting party, renewed his petit
ton for permission TO examine the records
In the Prothonotary's office Representative
Scott contested his right to do so. Under
the law these booys are open to any citi-
zen, as they are kept for the purpose Of
showing the number Of votes cast in any
division.
Following the hearing Henry ]. Scott and
other attorneys for the Town Meeting party
went to the Office Of Protnonotary Walton
to enter a formal demand for inspection Of
the voters check lists. These papers. how.
ever. were in envelopes in TIE courtroom
where they h-d been used in computing the
vote. Mr.. Walton, with a corps of messen
gers, went to the court room and .emoyed
the papers to the record room Of his OF ce
work counting the number of ballots cast
in the divisions of each ward for the in
spection of counse; for the Town Meeting
party. The divisions OF twenty IDS had
been completed last night.