The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1921-04-15
VIEL-SUMMERS CASE
COMES ON FOR TRIAL
COURT ONER-RULES TECHNICAL
OBJECTIONS AND ORDERS
HEARING TO PROCEED ON IT'S
MERITS.

As soon as the assignments of
trials could be arranged for the pres
ent term OF the district court Judge
Adair at once proceeded to hear the
contested election case of Fred l..
Niel against Harry l.. Summers,
which was reached the first thing yes
terday afternoon. The law firm of
Quarles & Padgham were present TO
represent the contestant and +. w.
Whitcomb had in hand the interests
Of the defense. While Mr.. Viei was
present in person Mr.. Summers was
not in court, being engaged inspect
ing public roads. There were others
present, however, representing that
side of the controversy in II. H.
Boomer, who is said to have wagered
thousand dollars against Viel and
which sum is now said to be hung up
pending the outcome of the present
hearing.
When the sparring for position be-
gan Senator Whitcomb interposed a
demurrer in the usual form but the
court promptly over-ruled il. Then
again as soon as witnesses identified
the box used at Iron creek and the
contestants counsel asked the court
to count the ballots therein objection
was again made on the ground that
the boxes had not been kept strictly
in accordance with the provisions
made for their safe keeping and
might have been tampered with. This
objection too was over-ruled even
without hearing Judge Quarles, and
the case proceeded, il having been ar
ranged that the court would hear the
,a,s aist,zf. 4.,-s.a
pot precincts before taking up the ac-
tual recounting. Witnesses on the
stand have included Election Judges
F. c. Sumner and Joe Noodle of Iron
creek. John c. Dryer Zeb Aborgast
and Percy Anderson of Depot and r.
o. McFail, ". 4. Free, A. II. Ford
and others of Junction, besides the
sheriff as the custodian Of the ballot
boxes in evidence.
At the adjournment of the session
yesterday evening the testimony of
Morris II. Cotton, en- election officer
at Junction, was still To be taken.
Then the court will proceed to count
the disputed votes. A. indicated in
the proceedings the contestant relies
upon irregularities in the official
count TO establish his majority over
Summers in counts where ballots
marked as straight Republican were
nevertheless actually voted for the
democratic candidate but not tailed
for him.
Proceeding With Recount.
Proceeding with the hearing this
morning the court was told that the
ballot boxes in Junction precinct were
not kept according TO the provisions
oi Law for their safety and il was de-
termined their revelations, whatever
they might be from recount, would
not be the best evidence "a 70 the
original return Accordingly the court
ruled junction out. The recount as "a
+ Iron creek and Depot began. Il was
found that there were no discTepan-
cies al all in the Iron creek return
- reported Is for Niel and Sc for
summers. Summers has the advan-
+ tsge over Niel By 25. so that a change
Of IS votes in Depot would be ucaair-
ed for Niei 20 beat him.
Mr.. Summers appeared for the fir
time n the eoaF1 room and after the
morning session ne and Mr. Vel frat
4 erniEed as personal friends as Of old
II was evident that neither would
want the Office with its title tainted.
Niel l. Elected
b the recount Of Depot precinct !;
appears that Niel has gained Pc votes
while Summers has lost 2S. This re-
suit upsets the election of Summers
whose total vote in county now stand.
1881 against 1860 fer Niel.