The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1921-10-21
ELECTION CONTEST
From Page /.


ed the ballot in said precinct, for the purpose
OF lmpeaching the ballots in the said precinct
B. The court erred in finding that "heavy
election bets were depending upon the out
come of this case" Ct. 69-70) as the evidence
does not support such finding.
8. The court erred in making the w find
ing OF fact, as the evidence shows that the
said ballot box was in the actual possession Of
John &. Dryer from the time the election clos
ed until it was delivered to the sheriff under
the order of the court, although people might
have entered his office during his absence
z. The court erred in making finding V,
the same being conclusion, contrary to the
evidence contrary to the ballots as opened
and Inspected and counted by the court, and
based solely upon the evidence of the count
ing judges that the vote was correctly count
eel, and is contrary to the evidence in the case,
there being no evidence that the ballots had
been changed in any respect whatever, and
the ballots and the circumstances showed that
g. The court erred in making finding VII
as the evidence showed clearly that the mate
rial allegations Of the contestants complaint
had been proven by preponderance Of the
evidence and by the best evidence in the case.
.. The court erred in making findind VIII
to the effect that the contestee received 1867
votes and the contestant received 1882 votes
at said election, the said finding being con-
traiy to the evidence and the conclusion that
the SAID contestee was elected was and is er-
roneous and contrary to law and the evidence
in the case
10. The court erred in making it's conclus
ions of law, Nos. |, ii and Ill., and each of
them, are contrary to law, and not supported
by the evidence introduced at the trial
IL. The court erred in rendering and enter
ing judgment in favor OF the contestee and
against the contestant, the said judgment be-
ing contrary to law, contrary to the evidence
IN the case, and not supported by the evil
dence.
POINTS AND AUTHORITIES
i. The ballot box of the Junction Precinct
having been proved to have been safely kept,
and IN the same condition as when the ballots
were placed in the box, the box locked and
placed IN the possession of the deputy sheriff,
should have been admitted in evidence. The
election Judges should not be permitted, eth
er innocenty or otherwise to disfranchise
electors, or count their ballots otherwise than
as cast by them The provisions of the stat
ute as to the safe keeping of the ballots after
election are directory
3. The ballots of the Depot Precinct hav-
ing been identified and regularly admitted in
evidence, were the best evidence and control
ling, there being no evidence that they had /
been tempered with
A. Provisions in the election laws, except
us 10 tiille ana place or holding elections, the /
qualifications of voters, and such others as
are expressly made essential prerequisites to !
the validity of an election, are held manda-
tory, all others are directory.
There was no evidence tending to show that
the election was not regularly held, that the
ballots had been tempered with in the Depot
Precinct, but the identity and verify of the
ballots of that precinct were established. 1t
is true that they might have been tempered
with, that there is possibility that they could
have been tempered with. The evidence shows
that the ballots were placed in ballot box
furnished by the authorities; that the voting
was regular; there is no claim of illegal votes
the ballots were placed in the box from time
to time during the day, by the counting
judges, not strung; they We're all in the box
when the count was closed and the last ballots
placed therein; the box was then locked, the
box delivered to John Dryer, one of the
Judges and the key given to z. B. Arbogast
another of the Judges, and the box kept by
Dryer until it was delivered to the sheriff
under the order of Judge Cowen; the KEYS
were kept by Arhogast until he produced them
in court at the trial eff. 1S7 to 1907; both of
these Judges testified that the box had not
been opened to their knowledge. The count
ING Judges testified as to the condition of GER
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