The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1918-08-18
HUTCH|NS ATTACKS
VOTE OF SOLDIERS
DEFEATED CANDIDATE ASKS
THAT 500 BALLOTS BE
THROWN OUT
FRAUD ALSO CHARGED
Petition Filed in District Court Al
leges that Healdton and Dundee
Boxes were "Stuffed"-Says Of
fetal Counters Were Removed.

Andy Hutchins filed suit in the
district court, late Friday afternoon
against Buck Garrett, contestirg the
vote by which the latter received the
Democratic nomination for sheriff
of Carter County, at the primary
election, August 6.
When a petition, previously filed
by Hutchins before the county cleo
tion board, came up for hearing be-
fore that body yesterday and where
in he asked for a recount of the
vote in Healdton and Dundee, the
board held that the filing of this suit
took the case entirely from it and
that it must be settled in the courts
and therefore denied the petition to
recount the vote. The case is now
properly in the district court.
In the petition filed in the district
court the plaintiff alleges that at the
primary election he received 2024
votes and Buck Garrett 2,l77, giving
Garrett a majority of l53 votes, ac-
cording to the election certificate,
but alleges that il certain votes are
thrown out. as he alleges they should
be. that he would have q majority
and should be declared the nominee.
The Soldier Vote.
Hutchins alleges that at said cleo
ton gross frauds and wrongs we're
committed. that 300 votes, known as
soldier votes were counted and all
of these votes were cast and count
ed for Buck Garrett and that they
were secured illegally and illegally
cast. He charges that Jim Smith,
who he asserts was secretary of the
county election board and deputy
sheriff, went to certain military
camps and secured these votes and
that the said i'm Smith and others
deposited these votes in the election
boxes at different places in the coun-
~ and they were counted by the cleo
tion board as legal votes.
Hutchins alleges that gross frauds
and wrongs were committed in pre-
cinct 3. Healdton. i'll Hewitt town
ship in that the votes were not
counted by the regular counters, but
when the count began to show a
lead for the plaintiff, that they were
removed and other counters placed
in charge.
Claims Ballot Box Was Stuffed
He also alleges that in this pre-
cinct TIE ballot box was taken from
the place where the election was
held TO another place, where sun
dry irresponsible persons engaged
in drinking whisky and other viola
tion" of the law. counted said votes
and ballots, and other ballots which
had been prepared were placed in
the same box and counted.
lie alleges that after the election
the ballot box was removed by some
person unknown and taken to the
Office of one Langston and this was
done for the purpose OF aiding the
said persons connected with said |
election frauds hereinbefore men
toned.
lie alleges that at Dundee, pre-
cinct 9 OF Hewitt township the plain
tiff received Is and the defendant
pl. according TO the election GER
tificatc, but that ballots were taken
from the box and false votes placed
therein.
He alleges that Jim Smith spent
most Of election day at Healdton,
using his influence in favor of Buck
Garrett and that he had declared on
sundry occasions that he was going
10 steal the election for Buck Gar
rett on account OF his hatred for the
plaintiff and his friendship for the
defendant.
Claims Soldier Votes Illegal
The strongest plea of the petition
S that made against the soldier vote,
he plaintiff alleging in his petition
hat the soldier vote is Illegal and
roid because il was cast outside of
he state of Oklahoma. and that the
aw permitting such votes to be
,ast is void and in violation OF the
of the State of Oklaho-
ma and in violation of the constitu-
ion of the United States.
Huichins asks that all these votes
DC thrown out. He asks that writ
IF quo warranto issue. that the de-
endant be summoned to answer the
petition and that on a hearing OF
he cause the certificate of election
granted the defendant be cancelled
md that the plaintiff be declared the
iominee of the Democratic party for
heriff of Carter County.