Gunnison news-champion., 1920-12-03
SUSTA|NS
MANDAMUS
COURT ORDERS BOARD TO GER.
THY POwDERHORN PRECINCT
WITHOUT COUNTING VOTES
This Gives knowle. Z Ahead for Coun-
~ Commissioner. but Mcdonald is
Planning to Contest Eelection--De-
cision in Full.

fAihtuk 70 Noutess Leiecthou--De-
eision in Full.
As n result of the mandamus pro-
ceedings brought in the county court
70 compel counting of the Powderhorn
election returns. Judge Stone decided
that the mandamas should be sustain
ed and the votes counted as returned
on abstract of votes of the precinct.
This throws out the tally sheet in fig
urcs and the abstract returned on a
primary election blank also certified.
This elects Ted Knowles of Doyleville,
county commissioner over c. l.. Nc
Donald by seven votes. Without
Powderhorn Mcdonald had the best Of
il by l3 votes.
Nevertheless, Mr. Mcdonald is FOR
from being satisfied with the result
and believes that if a proper count is
made. not alone of this precinct, but
Of others, that he viii be found fairly
elected. His intention is TO bring a
contset within the ten days allowed
after certification of the final results
rs ordered by the county court and still
protested by the canvassing board.
However, there was never any ques-
ton about Powderhorn being counted
eventually, the only question being
that the returns were SO confused the
canvassing board. consisting Of Coun-
ty Clerk McWilliams and justices
Florer and Gordon, refused to TAKE
the responsibility of verifying them,
but regarded the proper pruse eaure 20
be recount of the precinct as the only
absolutely correct, as essi as the snort
sS5,tssSd sss,tsSd quickest way ot se''iihs 'ne
Attorneys z II. Nourse and Sprigg
Shackleford represented the people in
the mandamus suit, Attorney General
Keyes also appearing in the suit,
since votes for the state officers were
involved when the beard threw out the
precinct entirely. Their contention
was that the law provided a remedy,
and that the board should have sent
the returns back, or brought over the
election judges to straighten out the
tangie. Attorneys for the canvass
ing board were George Hetherington
and J. NJ. McDougal, who contended
that with no tally list, and with con-
hicting returns for two candidates,
both state officers, that the counting
board could not possibly make correct
returns and that the entire precinct
should be recounted. Both candi
dates for commissioner were interest
ed parties.
Attorneys bringing the mandamus
suit had taken the precaution to bring
over good section of the Powderhorn
population, the Judges being VIM
Howard, Clarence Radeka and Charles
Schecker, and clerks, J. r. and Helen
Phelps. These brot over the sample
ballot used as tally sheet in
place of putting this tally in the book.
1t was an error in placing figures in
stead Of the original tallys in the
books. The difference in date is ex-
planned by the midnight hour. Part
of the ceitification was done on the
End, before midnight, and part after
the clock struck. The difference in
certificates, they say was caused by
accidental use Of primary election
certificate which got signed up and
was then laid aside. Later, in the
hurry of completing the records, it
was again packed into the return en-
velope.
After taking these things under ad-
visement and hearing the attorneys,
Judge Stone decided that the supreme
court decisions quoted actually settled
the case, and rendered the following
decisions.
Findings Of Fact and Conclusions
of Law
The Court finds in this case that
the returns from the Powderhom pre-
einct, No. II, are irregular; that the
tally list is not properly made out,
containing no tally marks and not
agreeing with the certificates - tol
United States Senator, Tuny Scott re-!
sewing Gas Married in figures andl
words5 IS votes on the tally List and
10 votes on each Of the certificates;
that the tally list indicates in figures
and words that Katherine L. Craig,
State Superintendent Of Public In
struction, received II votes, and both
certificates indicate in words and
figures that she received is votes;
that the. tally list is dated November
2, and both certificates are dated No
vember 3; that there. are two certifi-
Gates returned one, Exhibit No. 2,
made out oh the proper form, and an
other, Exhibit No. l, made out on an
fmpfopef FORM, said Exhibit No. be-
ing 6Republican party abstract Of
votes cast from election precinct"
vAich is indicated for use in primary
election; that the certificates have at
tached y them the proper certificate
form signed by the judges Of said pre-I
efnct; that the returns were regularly
returned to the County Clerk by the i
t,dee. Of said election precinct; and
Mt there appears to be no fraud orl
tnfnpering with the returns.
q Tie Court further finds that the
Canvsssing Board on November 12I
decided that said returns were 20 ir-
regular that they would not count said
returns and refused TO canvass them. |
The Court fur.her finds that there |
gp 70 other irregularities - herein |
GfvU Ut forth.
IN = keid BY the Court that accord
~ to the decision in 80 Colorado. pagel
(CoAtinned On Paes Rour)