20 Neb. 119 | Neb. | 1886
This is original action to compel the defendants to reassemble as a board of canvassers and canvass certain votes from Hunter precinct in Sheridan county. It appears from the record that Sheridan county was organized in September, 1885; that at the election organizing the county no place received a majority of the votes cast for county seat, and a second election was called, and held in said county, for the purpose of locating a county seat, on the 6th day of October, 1885. At this election, the relator claims the whole number of votes cast for the county seat was 1,758, of which Rushville received 919 votes, and .Hay Springs 839, and that the votes were duly canvassed by the judges of election for the respective precincts; that the returns were made to Abel Hill, the county clerk, and he called to his aid two disinterested electors, viz., William Waterman and James E. Loofborough, who canvassed all of the votes returned, except from Hunter precinct. That the returns showed the number of votes east in said precinct to be 226, and that all of said votes were in favor of Rushville, but that . said board only counted 42 of said votes instead of 226, leaving 184 uncounted.
Edward Satterlee, George W. Millard, J. E. Brown, and J. R. Graham, residents and tax-payers of said county, were permitted to intervene, and filed an answer, wherein they allege that, “ in said Hunter precinct, in said county, the total number'of ballots cast at said election on said question was forty-two, and no more;” which votes were all for Rushville, and were canvassed. It is also alleged, in .substance, that the 184 votes not counted were false and fraudulent, and that the total number of electors in Hunter precinct at the date of said election did not exceed nineteen.
Loofborough and Waterman, in their answer, as a reason for not canvassing all the votes returned from Hunter pre
A large amount of testimony has been taken in the case, the important points of which will be noticed.
Henry Bremer, one of the judges of the election in Hunter precinct, testifies, in substance, that he was present at the election and assisted in canvassing the votes, and that ■after the canvass the'returns were put in the ballot box and the box locked; that the votes were folded up and put on .a string, and placed in an envelope and sealed up; that the returns were left in his possession, and were placed in a trunk, and the trunk locked, and that he delivered said returns to the county clerk on the fourth day after the ■election; that the returns were in the same form when •delivered to the county clerk as when the vote was canvassed, and had not been handled, examined, or changed by himself or any other person during the time they were in his possession. Thomas Preston, the other judge of the •election, was also sworn, and testifies, in substance, that the
It appears from the testimony that Hunter precinct extends “from the north line of town thirty to the south line-of town twenty-four, taking in ranges forty-three and forty-four,” being forty-two miles in length by twelve in-width. No witness has testified that he was acquainted with the people in the entire precinct at the time of the-election, and that the persons named in the poll list as having voted at said election did not reside in such precinct. General allegations will not do. All presumptions-are in favor of the returns, and unless it is shown that they are fraudulent — not, in fact, returns — it is the duty of the-board to canvass the vote so returned. The failure of the judges or clerks of election to add up the number of votes-cast correctly will not preclude the board of canvassers from correcting the error where, on the face of returns, it is-
Judgment accordingly.