The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-12-03
IRREGULARITIES ARE
| ALLEGED IN SUIT BY
BEATEN CANDIDATE
Moynier Claims He Should Have
Been Declared Victor BY
so Votes
GENERAL DENIAL EXPECTED
County Judge I. c. Davies Re-
fuses Comment on His Con-
nection in Case
GENERAL DENIAL EXPECTED

Suit to contest the election Of a
F. Tiedman as county commissioner
from the fifth district of Burleigh
county was begun Friday in district
court by Victor Moynier, incumbent,
who was defeated at the election by
81 votes.
In his complaint, Moynier states
on information and belief that
great many irregularities were, by
inadvertence and otherwise, perpe-
trated by the election officers in the
various precincts in that in each and
all Of said precincts votes were count
ed as having been cast In favor of
the defendant and contestee that
should not have been so counted by
reason Of the fact that said ballot
was not legal ballot and the vote
was not cast in the manner pre-
scribed by law, and ballots were
counted for said defendant and con-
testee which were not duly stamped
and initiated by the inspector of elec-
tons of such precincts, and that
there were counted and canvassed
for the contestee absent voters ball
lots of individuals who were not lie.
gal voters in the precinct where the
same were counted and canvassed."
The complaint further alleges that
after the counting OF the ballots they
were securely wrapped and sealed
and returned to the county judge"
for safe-keeping and at no time have
been open to inspection and that, as
| a result, the contestant is unable to
allege with more particularly the
exact nature and the particular pre-
cincts in which any particular irregu-
larity occurred
Claims 5O-Vote Margin
The conclusion reached by the
| complainant is that there should have
been counted for him at least 1870
votes ana not more than 1920 votes
for Tiedman. The returns of the
canvassing board gave Tiedman 1852
votes and Moynier 1925, a majority
of 81 for Tiedman.
The nature of the reply which
Tiedman will make to the suit had
not been definitely determined Sat-
urday but 1t is expected that he will
enter a general denial of what now
stands as a general accusation and
that he also may allege that the bal
lots We're not properly handled and
cared for after the election.
That at least one claim in the COM
plant is erroneous was indicated Sat-
urday by a check of the records in
the county judges office.
Under the law the county Judge is
the custodian of the ballots which
have been cast at any election. He
issues receipts to the inspectors of
elections who deliver the ballots at
his office and keeps the ballots for
four months, when they are destroyed
unless a contest has been filed.
OF the 10 precincts in the fifth
commissioners district, however. re-
ceipts have been issued for only II
ballot boxes. Those for which no re-
ceipts were issued, among the pre-
cincts in the district, were from the
second and third precincts in the first
ward Of the city Of Bismarck.
It was indicated, however that the
ballots actually are in the possession
of the county judge. The exact man
ner in which they got there and their
Istatus will be determined in connec-
ton with the contest.
Davies Remains Silent
County Judge I. G. Davies refuses
to discuss the matter other than to
disclose the record showing the pre-
Icincts for which he had issued ballot
box receipts. He said whatever talk
ing he does will be done in court
when the matter comes on for hear.
ing.
All told, he said, there are four or
Continued on page FOUR