The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-05-31
HOW Judge Arrived
At His Figures

II
1t being conceded or proved to the
satisfaction of the court that large
number of illegal votes were cast, it
is the duty Of the court to adopt either
one of the three following alternatives:
declare the election void;
2.-Divide the illegal votes between
the candidates in proportion to the
whole vote of each;
3.-Deduct the illegal vote from the
candidate having the highest vote.
The court appreciates no reason for
declaring the election void. To de-
duct the illegal vote from the candi-
date having the highest vote, as can
vassed, would be unjust. So without
knowing at this point in the considera-
ton what the result will be, this court
adopts that method of reaching a con-
clusion which has been deemed by the
majority of courts ruling upon such
situations to be fair and equitable as
can be devised under the circumstan-
ces, to-wit: divide the illegal votes
between the candidates in proportion
to the whole vote of each.
The total number of votes cast and
counted in the sixth ward is 729. Of
these SO are blank and II questioned
These are rejected. This leaves 679
Of these Barnett received 424, SYM
monds 255. The total number of votes
considered in this investigation in this
ward is 679. The number rejected as
not on the registry and not voting on
proper affidavit is 118.
The percentage or proportion of IL
legal votes, 118, to the total number of
valid votes here counted for both can
didates, 679, is LIST. Barnett received
424. Deduct from this his percentage
of illegal votes, which percentage is
1866, considered and used in this com
putation as IA and we find Barnett's
legal vote in the sixth ward to be $50.
Symmonds received 255. Deduct from
this his percentage of illegal votes,
which is 4429 considered and used in
this computation as a., and we find
Symmond's vote in the sixth ward to
be 211.
The total number of votes cast and
canvassed in the eighth ward is 1909.
Of these LA are blank and 10 ques-
toned. These are rejected. This
leaves 855. Of these Barnett received
sos, Symmonds 257. The total number
of votes considered in this investiga-
ton in this ward is 855. The number
rejected as not on the registry list and
not voting on proper affdivits is 400.
The percentage or proportion of illegal
votes, 400, to the total number of
valid votes here counted for both can
didates, 855, is 538. Barnett received
sos. Deduct from this his percentage
of illegal votes, which is 321,72, count
ed at 1922 and we find Barnett's legal
vote in the eighth ward to be 276. SYM
monds received 257.. Deduct from this
his percentage of illegal votes, which
is 1888, counted at 154 and we find
Symmond's legal vote in the eighth
ward to be 103.
The sixth and eighth wards are the
only election districts specifically ques-
toned by the complaint and the only
offered by the relator. The determine
ton in this proceeding is arrived at,
so far as figures are concerned, upon
the conditions found in these two dis
tricts. The number of illegal votes in
them is so large that the few discrep-
encies found in other districts, to
which the attention of the court has
been directed, are comparatively in
significant and would not affect the re-
suit as determined upon conditions
found in the sixth and eighth wards.
The defendant offered no evidence
whatsoever, relying upon his views
concerning res judicata and estoppel
and the alleged failure of the COM
plant to allege all essentials required
by the statute.
On. the evidende the Court finds the
total number of unquestioned votes,
counted in this proceeding, received by
the respective candidates, as follows;