The Alaska daily empire., 1925-01-22
BOARD WITHOUT
power EXAMINE
BALLOTS, CLAIM
Attorney General Tells Cam
vassing Board it Can Only
Foot Up Totals.

The IeflltOfldl tdnN dSSlnS BOdfu
has no right or poTer to canvass in
diyidual ballots and It's duty is con-
fined To the purely clerical function
Of fotaling the vote cast at the var
ious precincts as certified to by the
Judges Of election. declared Attorney
John Rustgard IN a written
opinion given the Board this morn
ing. In this he answered five out of
he six questions submitted by the
Board last Monday and on the sixth
me he requested that he be allowed
additional time for study.
Lengthy Opinion.
The opinion is somewhat lengthy
md was read TO the Board by Gov.
Scott c. Bone, Chairman. 1t held
1riefly. that the fsoard was withou'
nower to canvass the individual bal
lots, but it was not concerned with
The protest entered against the ka-
;aan vote and, that II the allegation
hat no provision had been made foi
privacy of voting were true. il was
a matter. for a tribunal having power
to take evidence and not one in whicl
the Board could act. that tn Noard
has no authority to question ieeal
qualifications of the Judges Of elec-
lion at Angoon, and even if those
Judges failed to take the oath re
nuired, such failure was immaterial
md would not inyalidate the elect
on there; that tha voting by mark
IS legal lie said the Board could
secure certificate of results from
both Hirst-C t-Chichagof and Talkeetna.
Mr.. Rustgard did not answer the
question as to the power or right of
the Board to permit Interested par
lies" to examine the returns. On
this matter he said he would have
to be given additional time. In res
ponse to an inquiry as to how much
more time he needed, he said at
east for the remainder of this week.
This was allowed and the Board, af-
ter reading the opinion and brief
discussion of some of the points in
yolyed, adjourned until 10 Il. m. Mon
lay.
CrigSDy disputes QueStiOn'
George b. Grigsby and S. HELEN
hal, representing ]. ]. CSnnors and
-sr possible contestants" took
contrary view regarding the power
of the Board TO canvass the returns
and stressed their contention that in
terested parties should be allowed TO
scratinize the returns. including the
ballots.
The Attorney General told the
Board he had originally been of the
opinion that such an examination
could be made. However he added,
n studying the matter he had rum
leross authorities which held con
trary view. and in certain instances
had found that it had been held
where the ballots had been examined
ifter the election judges had com
pleted their work, they were no long
er available for use as evidence in
cases involving contests. II Mr..
sirigsby and Mr. Hellenthal were
permitted TO examine the ballots "a
they have requested and later filed
an action in court. they might finG
they were shut off from using the
ballots as evidence, he added.
''If that is all tnat prevents the
Attorney General from ruling on this
question, we are willing 10 take the
chance" declared Mr. Grigsby. Lat
II he characterized Mr.. Rustgard' $
contention that the Boards functions
we're limited to mere clerical work
as ridiculous. IF such precedent
should be established by this Board
it would be a most dangerous thing"
he asserted. If an election were
held at Point Barrow and the judges
were to certify TO 1000 votes being
asst, is il reasonable to assume that
the Board must take that certificate
without inquiring into the circum-
stances?" he asked. "To say tina,
the certificate of the judges is fin.
Il Is to throw open the polls to the
worst evils of trickery and give the
Territory over TO the rule Of machiny
politics of the most vicious kind "
He pointed out that 1t was only by
checking over the ballots against the
certified results that mistakes in
computation could be detected and
corrected by the Board. This, he ad-
ded, is a purely ministerial function
one that did not involve review OF
judicial procedure.
Thieie For Examination.
Karl Thiele, Secretary of Alaska