Laird v. Williams (281 Ill. 233, 1917)

Mr. Justice Duncan

delivered the opinion of the court:

At the spring election in April, 1917, for town officers, C. T. Laird and Morris Williams were opposing candidates for the office of supervisor of the town of Pleasant Vale, in Pike county. Laird was the candidate on the democratic ticket and Williams was the candidate on the republican ticket. At the close of the election the election board counted the ballots cast, and determined that out of a total poll of about 600 votes Williams was elected by a majority of 44 votes over Laird. Laird filed a verified petition in the county court of said county to contest the election of Williams. The court at its July term, 1917, after hearing the evidence submitted, found that Williams had received a majority of the ballots cast for supervisor over Laird and that Williams was elected supervisor at the election and was entitled to the office, and entered an order and judgment accordingly and for costs against Laird, who has prosecuted this appeal.

•At the hearing of the cause all of the judges of election and some other witnesses were sworn and testified. The evidence showed without any conflict therein, and the answer of appellee to appellant’s amended petition admitted, that there were three judges of the election, to-wit, S. W. Crewes, R. E. Funk and J. N. McNary; that McNary acted as judge in the place of A. J. Kendrick, the supervisor, and at Kendrick’s suggestion or appointment, who had declined to act as judge; that McNary did not hand out to voters, as such judge, any of the ballots voted at that election but that all of the ballots were handed out to the voters by the other two election judges; that McNary sat near the ballot-boxes and received the' ballots from the voters as they voted and deposited them in the ballot-boxes; that five of the ballots cast at that election had no initial or initials of any one of said election judges endorsed on the backs thereof; that each and every one of the other ballots voted bore on the back thereof the initials or letters “Me,” intended as the initials of McNary, and that they had no further initials thereon; that McNary did not write the letters “Me” on the back of any ballot “in his own handwriting,” but that all of the ballots so marked or endorsed were endorsed by the other election judges, Crewes and Funk,—i.