The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1918-04-11
Complaint Makes Sweeping Charges of
Fraud Against Judges and Clerks of
Election and Canvassing Board
AIege at Least Five No License Votes Were Illegal
District Court Sets Case for Trial April Is
---Drys Confident of Final Victory.

Friday of last week George Tanner
and G. K. Foslein, Sank Centre saloon
keepers filed complaint with the
Stearns County District court contest
ing the result of the election held in
this city Tuesday, April A, by which
the saloons were voted out of business
by plurality of one vote.
A copy of the complaint was served
on Mayor A. J. DuBeau Saturday but
was not brought before the council
until Tuesday evening. According to
the order of Judge Roeser the case
will be set for trial at special term
of the district court called for Mon
day, April Is at ten o'clock. An
amended order of the court bearing
date of April was served on the
mayor Monday morning. This provid-.
ed for the appointment by the city of
one man to review the ballots cast
on the question. 1t is stipulated that
the vets will also name man and
the two will name third. According
to the order if either party failed to
name their man within three days of
the date of the notice, April 6, the
Court would appoint a man for the
place. When the matter was called
to the councils attention Tuesday
evening they realized that their time
for naming a man had passed unless
the could would amend the order.
City Attorney Kells got in commune
cation with the Judge at Little Falls
and he stated that if the appointment
was filled Wednesday morning he
would receive it. The City. attorney
was instructed by the council to de-
fend the action to set aside the cleo
ton result, and he was also empower
ed to select a competent man to rep
resent the City in the reconnting of
the votes. After comforting with sew
era1 the City Attorney named At
torney James, Quigley Of st. Cloud to
represent the city in this work.
At Tuesday evenings meeting a
delegation of citizens called upon the
council and asked that they be allow
ed to employ counsel to assist the
City Attorney in the defense of the
case. The city attorney acceded and
the committee stated that they had
interviewed Attorney C. J. Gunderson
of Alexandria and he had signifed
willingness to assist. Upon motion
Mr.. Gunderson was named as assist
ant city attorney for this action the
understanding being that the citizens
would pay Mr.. Gunderson for his
services.
James A. Ormond of Morris is the
attorney of record for the contestants.
The complaint is general in it's scope
and alleges wholesale fraud and ir-
Irregularities, violation of the Corrupt
Practice Act on behalf of the judges
and clerks of election and the can
wasting board. 1t is also alleged that
at least five votes were cast Illegally
and that they voted against license.
The complaint has not named the
| voters accused of illegal voting, but
they will very likely be ordered by the
Court to do so before the case goes
to trial. The City will also insist upon
the charges being made more specific.
There does not seem to be any dis
position Mpon the part of the broad
minded people of the city to criticise
the saloonmen for bringing the action.
1t is possible that a mistake has been
made, but as rule the Courts do not
set aside election results unless actual
fraud is proven. In this case the
burden of proof rests upon the "wets. y
They insist they have the goods. On
the other hand the dry leaders claim
that the count was correct, that there
were no irregularities and that the
city will continue in the dry column.
In the meantime the saloons are
closed, and as far as the Herald knows
| there has not been any attempt to
violate the law. The Herald publishes
in full herewith the complaint upon
i which the action is based,
/ STATE OF MINNESOTA. COUNTY OF
i Stearns, In District Court, Seventh
4 Judicial District.
George A. Tanner and c. K. Foslein
Contestants.
| Vs.
The City OF Sank Centre. Minnesota
i Contestee.
Notice is Hereby Given That the
undersigned, George A. Tanner and C.
K. Foslein. actual residents and legal
voters of the City Of Sank Centre
Minnesota. municipal corporation
organized and existing under and BY
virtue Of the laws Of said State. here.
THAT certain City Election held in and