The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1919-01-10
CONTEST BEFORE. COURT
ELECTION IN JACKSON COUNTY
Is BEING DECIDED
Huns Are Played BY Attorney
Frank Putnam; Mr. Nc
KeIIar's Election

A Specldl session .OI 0lStFlct COuIt
was held at Jackson beginning Mon
day afternoon at two o'clock to hear
the appeal in the contested election
of the office of county auditor, says
The Lakefield Standard.
Judge Dean was sick in bed and
Judge Catherwood of Austin presided.
The official count of ballots follow
ing the election revealed that P. D.
Mcclellan had won over his opponent,
A. j. Malek, by only fourteen votes.
Mr.. Malek decided to contest the
election. A recount of ballots result
ed in Mr.. Mcclellan losing one vote.
Eight ballots were contested; two of
them soldiers votes that were receiv-
ed within four days specified in the
order of the Safety Commission, six
votes cast by civilians by mail with
in seven days previous to election.
When court convened at two p. m,
Attorney Haycraft, representing Mr..
Malek, dismissed the appeal as to
count of ballots which put Mr.. Malek
out of the race, having thus con-
coded that he was not actually elect
ed The remaining aspect of the case
was the charge that auditor Mcclellan
had committed a serious and material
offense and permitting civilians and
soldiers to vote as above stated the
charge being preferred under the
corrupt practices act.
Attorney Putnam of Blue Earth
appeared in McKeller's defense and
before he finished his plea to the
court every hun in the court room who
had appeared to witness Gas they
foped) the downfall of man who
had been 100 per cent American, had
every particle of skin flayed from his
person.
| Mr.. Mcclellan acknowledged that he
had delivered ballots to six persons
in Jackson upon the request of diff
ferent persons and acted entirely in
good faith in so doing, being certain
that if his Judgment in the legality of
the proceeding was at fault, that of
the election, judges would correct it.
Long Time in Office.
Mr.. Mcclellan has filled the office
of auditor of Jackson county for eigh-
teen years and during all those years
there has been no question or sus-
picion of his honesty or ability. There
is none now, but there is an enmity
because he has beer impartial in the
discharge of his duties on the draft
board and because he has been sin
cerely patriotic from top to bottom
and from center to circumference.
The contest was not brought to
settle any legal point regarding the
election laws, but for the persecution
Y 1f off; nf ksc4 n
| fast and unwavering Americanism.
After hearing several witnesses and
the pleas of the attorneys, Judge
Catherwood asked the attorneys to
| present their arguments in writing by
| January IL. 1t is likely the judge
will give a decision on the case about
| the 10Th.
Both attorneys have signified their
| intention to carry the case to the
supreme court, and it remains to be
seen wheher or not either was bluff
| fling.
It appears there is delicate law
point that needs calculation by the
supreme court and that is decision
| as to whether the election laws are
| mandatory or directory. OF late years,
within the last few years, the cleo
ton laws have been amended by
legislation and by the Safety COM
mission to give people chance to
| vote who otherwise for various reas-
ons could not avail themselves of
the privilege. AS matter of just
| ice, it looks to The Standard as if
the man who is confined to his home
has as much moral right to vote as
| the man who gives notice that he is
to be absent from home election day
| and casts his vote by mail. The
| moral question is J easily settled
and it remains to be seen whether
the letter or the spirit of the law
shall be considered paramount.