11 Kan. 308 | Kan. | 1873
The opinion of the court was delivered by
This is a contest over a county-seat election. The contest arose in the county of Wilson. The county commissioners, canvassing the returns, declared the majority to be in favor of Fredonia. Upon this contest the district court decided in favor of Neodesha. To reverse that decision this proceeding in error has been instituted. The main question is concerning' the ‘vote of Fredonia precinct. With that counted, Fredonia received 230 majority. With that rejected, Neodesha had 316 majority. The poll-books of that precinct showed 546 votes, all for Fredonia. The election was conducted in a small room, with only one window in front, and that boarded up to the upper sash. The judges refused admittance to any friends of Neodesha during the time the votes were received. The polls were closed at noon, and the ballot-box carried away by two of the judges. An attempted challenge was met by threats of violence. After the closing of the polls the ballot-box was removed to another place, and the votes counted there. There was evidence showing' that one of the judges and one of the clerks prepared the poll-books the night before the election, and wrote in the list of voters a large number of fictitious names. The original poll-books are brought up with the record, and it is evident at a moment’s glance that the names were not all written at the same time. They appear in different colored ink and handwriting, and those of like ink and handwriting not together. They alternate, as it were, now one of one color, the next of a different, the third like the first, and so on. And finally,
The judgment of the district court will be affirmed.