The Alaska daily empire., 1917-02-28
If Opinion Is Followed Sulzer Will Probably Be the Delegate
 to Congress.
CHANGES LEGISLATURE
Opinion Would Give a Certificate of EIeC- to Holland in
 the Third.

Atso-ney.GeneraI George 3. Griss by filed an opinion with Gov. J. E, A. Strong, Surveyor General Charles E. Davidson, and Collector Of Gus. toms John F. Push, constituting the election canvassing beard today, in which he holds that the Australian ballot law in Alaska is clearly man. datory, and that only these precincts where the Australian official ballot was used, or where proper eertifi- cation as to their non-use has been made, can be counted. lf the canvass ing board follows the opinion it will result in the elimination of the pre- einets Of chosiuns and Nushasak in the Third Division and 8onnIfieId in the Fourth Division. This would give the election for Delegate to Con srsSs 10 Senator Charles A. SuIzer by a small plurality.
 lt might be that the opinion would also eliminate the precincts of Utica and Oeerins Of the Second Division. lt is understood, however, that addi- tional returns have been received from these precincts. but the canvass ing board. which is in session today. had not reached this matter at 2:3o o'clock. If these additional returns have been received and the returns from Utica corrected. it would have no effect, according to the figures official and unofficial that have been received, on the OeIegateship except 10 add to Senator Sulzers plurality but it would send Philip co7rigan as a Representative from the Second Oi- vision. If it should be found that the returns from Utica precinct have not been corrected, the opinion of the At torney-GeneraI, if followed, would give a certificate of election 10 Thom- as M. Reed, instead Of Mir, corriean. if the Attorney-Generars opinion is followed a certificate of election will go to Thomas X. Holland, who was a member Of the last House of Representatives from the Third. for reelection, giving him a lead of a dozen or more votes over Joseph Murray. Progressive Democrat. ATTORNEY GENERALS
 OPINION IN FULL The following is a complete text Of the opinion Of Attorney-GeneraI Griss5y. The opinion Of Attorney General Grissby was rendered in an- Swer to 22 questions submitted to him by Gov. Strong as chairman of the eanvassins board.
 Hon. J. F.. A. Strong.
 G0vcronr and Chairman Of CauvaSsinS
 Board, Juneau, Alaska.
 have your communication ot Fcbgu- ary l5. lgl1. submitting Go me certain questions upon which an opinion iS de- sired by the canv1ssinE board now en- gagged in cauvassinE the returns of the general election held tn tho Territory of Alaska on November .. 1916.
 Among the questions submitted are the following which | deem ot sufficient importance for a scplrTt" opinion.
 l6.-whcre unofficial ballots were used
 and no explanation made by cleo
 ton board as to why they were
 used.
 17.-Whcrr sample ballots were used
 
 COurD instead Ot the official bal
 lots. and no explanation given.
 lS-Where workers ballots were
 used instead Of the official b1l-
 lots. and no explanation made by
 election board.
 These questions may be considered to- gcther. as there Is no difference between thc irregularities In each, there being no distinction between case where work CTS ballots or sample ballots were used and one where any other form Ot unuti- Cial ballots was used.
 The case of Boyd vs Mills 53 haS. 594. makes a distinction where sample ballots are used but ir view Of the man datOry provisions of the statutes herein after discussed ] am Of the opinion that such distinction does not exist under the laws of Alaska.
 The returns from the precincts where the above irregularities occur. consist Of the certificates Of the result ot the election. the register or voters. and the ballots cast Thss returns were prop erly sealed up and mailed to the Cover nor of Alaska. It appears, however. on m examination of these returns by the canvaSsing board. that the ballots used were not the official ballots provided for by the Act Of the Territorial LeEisla- tlire of April 27. 1915. Chapter 25. Laws of Alaska. 1915. but were prepared by the voters. or some person for them. and failed in practically all essentials 10 conform to the style of ballots pre- scrlbed by the Act In other words,