The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1921-04-29
MEMORANDUM DECISION.

An erection contest II not simply
an ordinary controversy between the
party who holds the Office and the
one seeking to acquire the same. The
public generally Is concerned and il
IS the public interest to which the
court should look primarily, rather
than the interest of the individual lit
igants, and the courts should consider
all matters like this in all their as
poets as affecting the public interest.
If the people generally would suffer
from an improper determination of a
cause like this, the evils resulting
would be great and far reaching. The
court should ever have in mind the
preservation of the purity Of the
ballot and the rights Of suf-
frage of the people. Having these
considerations In mind have, In the
consideration OF the above entitled
case, carefully heard and examined
every bit of evidence, throwing down
the bars to both parties and receiving
every and all evidence which might,
however remotely, aid me in correctly
solving the problems confronting me
herein. have carefully checked and
counted the ballots, made all possible
tests and examinations which occurr-
ed TO me or were suggested by others,
have examined the decisions of the
courts exhaustively, listened to the
argument of counsel, and In every
conceivable way endeavored TO arrive
at an honest and correct solution and
determination OF this controversy.
Because of tho public interest in this
matter ] am stating, at considerable
length, my reasons for arriving at the
decision which herein announce.
! IL is conceded by counsel for de-
fendant, Mr.. Summers, that the bal
lots in the ballot-box. when il was
opened by the court, gave the cleo
tion to the contestant Mr. Viel, but
il Is contended by the same counsel
that the evidence shows that the bal
lot-box, when II was opened did not
lcontaih the identical ballots that were
cast last November, or in the same
condition. II IL also contended affirm
atively appears from the evidence
that the ballots were tampered with,
and that they were not kept in such q
way as To prevent the possibility of
It's contents being tampercd with, and
that the ballots are not now In the
lcondition the oral evidence relative
thereto shows they were at the time
Of their canvass ut said election. De-
fendant now moves the court To
strike the ballot-box and contents
from the evidence. am of the cpin-
ion that the preliminary evidence of
fered was such as TO warrant the ad-
mission OF said ballots in evidence
and that having admitted them, this
motion should be denied. and II is
hereby denied.
Many courts of the various states
hold that ballots may be admitted in
evidence without positive proof show
ing they were safely kept. not as the
best evidence but for what they are
worth. The establishment Of their
integrity IL generally held TO be an
essential preliminary to their intro
duction as the best evidence. IL seems
to me that the proper procedure in
/ this case Is to permit them TO remain
der all the circumstances shown by
the evidence, whether they constitute
more reliable evidence than the cer-
tifcate of the canvassing officers.
believe this 10 be the proper view of
the Law, In the case at bar, and there
fore must deny the motion to strike
from the evidence, the BALLOT boxes
of Depot precinct.
The courts OF the various state,
have, with great unanimity. estab-
llshed certain well recognized rules
and principles of law governing elec-
tion contests, the essential ones OF
which ! shall endeavor to state.
The cardinal principles are:
j. As between the ballots east ai
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