An Unavailing Kick

The election contest in this city practically ended Monday, when after a free ballot and a fair count, the decisions in which had been in Mr. Allmendinger's favor, a majority of two of the electors of Ann Arbor declared that Hon. William G. Doty should be mayor of this city for the ensuing year. Almost any man would have accepted the verdict of the people as final. Mr. Allmendinger, if left to himself, would probably have done so. At least it is said, he so declared. But on Wednesday preparations were made looking towards a recount of the ballots or the declaring of the election illegal and void. Yesterday forenoon after anxious thought, the petition of Mr. Allmendinger was filed with the city clerk. It alleged frauds and miscounts in every ward of the city in wards where the boards were republican, as well as in wards where they were democratie. The allegations were made solely on information and belief and the sources of such information were not pointed out. Only three specific instances were alleged. One that a man named Bailey voted in the first ward who was a legal voter, another that two men voted under the name of Samuel Henne n the Second ward, and the third hat in the city box of the third ward a ballot was found where the tate and city tickets were folded together and was counted. It repeated without specifying instances the allegation of frauds in the Fourth, Fifth and Sixth wards. The petition accompanied with a deposit of 6o. The council met last evening as a )oard of city canvassers, under the )rovisions of section 26 of the charter. The petition of Mr. Allmendin;er was read. A. J. Sawyer, who ap)eared as his counsel said that there was a feeling existing in the community, possibly more largely conined to one political party, that if a recount was ordered, the result would be different. He spoke for VTr. Allmendinger, when he said that unless it was shown on a recount that he received a majority of all the votes cast, legal or illegal, he would not accept the office. He spoke highly of Mr. Doty, and said that Mr. Allmendinger did not charge him with one single practice unbecoming a gentleman. Hon. Chas. R. Whitman, who appeared for Mr. Doty, spoke of the absurd and preposterous character of the petition which sought to ask the council to devote its time to recounting all the ballots of the city on vague charges, simply on information and belief, that one Bailey, one Henne had voted, a city ticket had been folded with a state ticket, and that the inspectors in the Fourth, Fifth and Sixth wards were incompetent or rascáis. To enable a contestant to cali upon a canvassing board to go behind the returns, there must be some facts to sustain him. He has no right to come in here on a mere fishing expedition If there is a shadow of truth in these averments there should be some affidavits in proof of them. Mr. Sawyer said that the form of the petition had been held good by the supreme court. Mr. Whitman claimed that under the charter, the council was the sole judge of the election of city officcrs and that the statute under which he petition was drawn did not apply to a city which had the same charter as Ann Arbor. Mr. Sawyer admitted that it did not apply in the case of aldermen, but claimed that t was different with the mayar. Mr. YVhitman reminded him that a year ago in the Taylor contested election case he had contended differently md that the council had then propsrly held that it did not apply. He ead'from several decisions of the upreme court, where it had been íeld that in cities with similar „harter provisions, the .council was he only judge of the election of mayor. He maintained that under he provisión of the charter, the council must proceed at once to canvass the vote and declare the reult. If they did not do so, it might )e claimed that the charter had been violated, the election illegal and hat the city must be put to the ex)ense of another election. He mainained that the contestant had come n here with no idea of showing any merit, but simply to get the council o proceed contrary to the charter. Prof. B. M. Thompson said that he count must be made under the aw. His brother had come in here aying that he had no fault to find with the count. Everything so far is he knows was legal. He says to rou frankly, Mr. Doty has only two majority, perhaps when a recount is made the result may be different; he men who received the votes veré honest, the votes are honest, he count is honest. Not a single man says the votes were not counted ;orrectly. There is not a man here who could not make such a petition is this, simply on information and elief. Vague rumors are always ifloat. He had never seen a man yet who was defeated by two votes who was satisfied, but he had yet to earn of a recount being ordered uness some reason for it was pointed out. Aid. Herz spoke up for the honesty of the count in the second ward and explained the allegation in regard to Samuel Henne. Aid. C. Vlartin said he did not know the man who first voted under the name of Samuel Henne. If Mr. Almendinger knew, let him point ïim out so that he might be proDerly punished. He explained the jallots found in the Second ward in the state and amendment boxes and said that there were eleven of them, seven of which were for Mr. Almendinger and four for Mr. Doty. The two ballots which were sealed up and had not been counted were for Mr. Doty. As there was no evidence whatever why a recount should be had, he moved that the council proceed to canvas the vote of the city election under the provisions of section 26 of the charter Aid. A. F. Martin, republican, o: the Sixth ward, arose to second the motion. He wanted to be purgec of any suspicion of fraud. The count in his ward had been square and honest. The motion was unan imously carried and the petition feil to the ground, without finding a single alderman, republican or dem ocrat, to defend it. The board then canvassed the vote and declared by resolution, for which every alderman present voted that William G. Doty was duly elected mayor, Mortimer E. Cooley was duly elected president of the council, William J. Miller, clerk Patrick O'Hearn, assessor; anc Elihu B. Pond, justice and the var ious ward officers elected as appear edinTuesday's Argus. Mr. Doty' official majority is 2, Mr. Cooley's 2i6;Mr.Miller's, 34; Mr. O'Hearn's 1,753 and Mr. Pond's, 198. The board then adjourned.