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STATE OF Iowa,

Marshall County, 88 : We, the undersigned, members of the board of supervisors and ex-officio board ofcounty canvassers for Marshall County, do hereby certify the following to be a true and correct abstract of the votes cast in said county at a general election, held on the 7th day of November, A. D. 1882, for the office of Representative in Congress for the fifth Congressional district, as shown by the poll-books returned from the several townships and election precincts :

For the office of Representative in Congress there were thirty-four hundred sev. enty-six (3,476) votes cast, of which James Wilson received eighteen hundred (1,800), votes; B. T. Frederick received sixteen hundred seventy-six (1,676) votes,

In testimony whereof we have hereunto set our hands and caused this to be attested by the clerk of the board of supervisors and the seal of said county.

Done at Marshalltown, the county seat of said county, this 13th day of November, A. D. 1de2. (SEAL.)

GEORGE A. TURNER,

Chairman, R. H. ARCHERD,

J. M. GILCHRIST, Members of the Board of Supervisors and ex-officio Board of County Canvassers. Attest :

A. N. FRENCH, County Auditor and Clerk of Board of Supervisors.

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We, the board of supervisors of Marshall County, Iowa, hereby certify to the following facts in regard to the canvass of votes cast at the last general election is Taylor Township, in said county, on November 7th, 1882:

The poll-book of votes cast in said Taylor Township showed that it was attested as "a trne return” by two judges of said election, signing their names in proper form and in the proper place; but the name of the third judge, W. H. Steward, was written in the following manner: “W. H. Steward, per cl'k," and showed on its face that the returns were not signed by W. H. Steward. Two clerks signed the said returns in proper form as clerks of said election. We further certify that the said returns show that,

For sec'ty of state:
J. A. T. Hull rec'd 54 votes.
T. 0. Walker 66 4
Wm. Gaston

2
For auditor of State:
John L. Brown rec'd 54 votes.
Wm. Thompson 4
G. A. Wyatt

2
For treasurer of State:
Edwin H. Conger rec'd 54 votes.
John Foley

4 Geo. Derr

2
For attorney-general:
Smith McPherson rec'd 54 votes.
J. H. Bremerman 4
James Rice

2
For judge of supreme court :
Wm. H. Seevers rec'd 54 votes.
Charles E. Bronson rec'd 4 "

For clerk of supreme court:
Gilbert B. Pray received 54 votes.
H. F. Bonorden
E. N. Clark

2
For reporter of supreme court :
Ezra C. Ebersole rec'd 54 votes.
L. A. Palmer

4 J. H. Wilson

2
For judge 1l' judicial district :
H. C. Henderson rec'd 54 votes.
B. L. Burritt

5
For dist, attorney 1l' judicial dist.:
John L. Stevens received 54 votes.
Martin W. Anderson rec'd 4 votes.

Forty-eight votes were cast in said Taylor Township for James Wilson for Representative from the 5th Congressional district of Iowa, and that eight votes were cast at said election for B. T. Frederick and two votes were cast for David Platner, candidates for said otfice.

We further certify that because the said returns showed they were not signed by all of the judges of the election in Taylor Township we rejected the vote of said town. ship, and if the same should be counted under the facts shown the votes above named should be added to the number of votes of each candidate named. The auditor is hereby directed to certify to the State canvassing board the returns from Taylor as they appear on file in his office.

Done at Marshalltown this 14th day of Nov., 1882.

Moved by Supervisor Archerd that the within certificates be adopted and spread upon the records, seconded by Supervisor Gilchrist. On call of the roll Supervieors Turner and Archerd voted aye and Supervisor Gilchrist voted nay. So the motion was adopted. Dono at Marshalltown, Nov. 14, 1872, in session.

GEORGE A. TURNER,

R. H. ARCHERD,
Members of the Board of Supervisors and ex-officio Board of County Canvassers.
Attest:
(SEAL )

A. N. FRENCH,
Co. Auditor and Clerk of the Board of Supervisors,

I, A. N. French, auditor and clerk of the board of supervisors of Marshall County, Iowa, do hereby certify that the within is the original certificate as presented and passed by the board of supervisors as aforesaid.

A. N. FRENCH,
Co. Aud. and Clerk of Board.

STATE OF Iowa,

Tama County, 88 : We, the undersigned, members of the board of snpervisors and ex-officio board of county canvassers for Tama County, do hereby certify the following to be a true and correct abstract of the votes cast in said county at a general election, held on the 7th day of November, A. D. 1882, for the office of Representative in Congress for the fifth Congressional district, as sbown by the poll-books returned from the several townships and election precincts, except the townships of Carroll and Tama:

For the office of Representative in Congress there were three thousand and eightyfour (3,084) votes cast, of which James Wilson received seventeen hundred and fortyfour votes, Ben. T. Frederick received eleven hundred and fifty-six votes, David Platner received one hundred and eighty-four votes.

N. B.—The above aggregates do not include the votes of Carroll and Tama Townships. For the facts as to the votes from these townships see our additional certificate hereto attached.

In testimony whereof we have hereunto set our hands and caused this to be attested by the clerk of the board of supervisors and the seal of said county.

Done at Toledo, the county seat of said county, this 17th day of November, A. D. 1882.

H. H. WITHINGTON,

Chairman, B. SMITH,

A. Z. RAWSON, Members of the Board of Supervisors and ex-officio Board of County Canvassere. Attest: [SEAL.]

R. G. MCINTIRE,

County Auditor and Clerk of Board of Supervisors. STATE OF IOWA,

Tama County, 88 : We, the undersigned members of the board of supervisors and ex-officio board of county canvassers for Tama County, do hereby certify the following to be a true and correct abstract of the votes cast in Carroll and Tama Townships, in said county, at a general election held on the 7th day of November, A. D. 1882, for the office of Representative in Congress for the fifth Congressional district, as shown by the poll-books returned from tbe said townships :

For the otfice of Representative in Congress there were cast in Carroll Township ninety-two (92) votes, of which James Wilson received forty-nine (49) votes, Ben. T. Frederick received forty-three (43) votes. In Tama Township, four hundred and four

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teen (414) votes, of which James Wilson received one hundred and eighty-five (185) votes; Ben. T. Frederick received two hundred and eighteen (218) votes; David Platner received ten (10) votes ; scattering, one (1) vote.

We further certify that the votes ot said Carroll and Tama townships were not by us consolidated and returned with the other votes of the county, only because the returus from said Carroll Township was not signed by any one as judge of election, and the return from said Tama Township was not attested by any one as clerk of election, and, being in doubt as to whether these returns (so called) bear upon their face sufficient evidence to entitle them to be considered and counted, we certify them and the facts affecting them separately, requesting the board of State canvassers to count or not count them, as in their judgment the law in the case and justice to all concerned may require.

In testimony whereof we have hereunto set our hands and caused this to be attested by the clerk of the board of supervisors and the seal of said county. Done at Toledo, the county seat of said county, this 17th day of November, A. D. 1882.

H. H. WITHINGTON, Chairman,
B. SMITH,

A. Z. RAWSON,
Members of the Board of Supervisors and ex-officio Board of County Canvasser8.
Attest:
(SEAL)

R. G. MCINTIRE, County Auditor and Clerk of the Board of Supervisors.

Abstract of votes cast at the general election held on the seventh day of November, A. D. 1882,

for the office of Representative in Congress, for the fifth Congressional district of the State of Iowa, in the sereral counties composing said district, to wit, the counties of Benton, Iowa, Johnson, Linn, Marshall, and Tama.

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STATE OF Iowa, 88 :

We, the undersigned board of State canvassers of the State of Iowa, do hereby certify that at the general election held on the seventh day of November, A. D. 1882, there were twenty-four thousand eight hundred and twenty-two (24,82,2) ballots cast for the office of Representative in Congress for the fifth Congressional district of the State of Iowa, of which James Wilson received eleven thousand seven hundred and ninety-one (11,791) votes; and B. T. Frederick received eleven thousand seven hundred and sixty-eight (11,768) votes; and David Platner received one thousand two hundred and fifty-three (1,253) votes; and scattering received ten (10) votes.

We therefore declare that James Wilson is duly elected Representative in Congress of said district for the term of two years ending March 3d, A. D. 1885.

In testimony whereof we have hereunto set our hands and caused to be affixed the great seal of the State, at Des Moines, this 11th day of December, A. D. 1882. (SEAL)

BUREN R. SHERMAN,
J. A. T. HULL,
W. V. LUCAS,
E. H. CONGER,

Board of State Canvassers.

STATE OF IOWA,

Office of Secretary of State : I, John A. T. Hull, secretary of state of the State of Iowa, hereby certify the foregoing to be a true and correct copy of the election returns from all the counties composing the fifth Congressional district of the State, to wit, the counties of Benton, Iowa, Johnson, Linn, Marshall, and Tama, of the ballots cast in said counties at the general election held on the 7th day of November, A. D. 1882, for the office of Representative in Congress for said district, and of the abstract of votes and finding made by the board of State canvassers from the returns from said district, as appears from the original returns and abstract on file in this office.

In testimony whereof I have hereunto set my hand and affixed the great seal of the State, at Des Moines, this 25th day of October, A. D. 1883. (SEAL.]

J. A. T. HULL,

Secretary of State.

In the district court of the State of Iowa in and for Polk Co.

B. T. FREDERICK

) 18. BUREN R. SHERMAN, GOVERNOR; J. A. T. HULL. Petition in equity.

secretary of state ; W. V. Lucas, auditor; and E. H. Conger, treasurer; constituting and sitting as a State board of canvassers.

Your petitioner, B. T. Frederick, humbly complaining of the def’ts above named as a State board of canvassers who hold respectively the offices above indicated in the State of Iowa, respectfully shows to the court as follows, to wit:

That heretofore, to wit, at the general election held on the 7th day of November, 1882, in the State of Iowa, the plaintiff was a candidate in the 5 Congressional district of Iowa for the office of Representative in Congress, said Congressional district being composed of the following counties, to wit: Johnson, Iowa, Tama, Marshall, Benton, and Linn, and that in accordance with the provisions of the law the respective boards of supervisors of said counties met as boards of canvassers on the Monday following said election, to wit, Nov. 13, 1882, and proceeded to and did canvass the returns of the votes cast in said counties, respectively, and declared the result thereof by resolution in due form of law and made due return thereof to the secretary of state. That the board of canvassers of Marshall County duly performed said duty and made due return thereof to said secretary of state, which said return was duly and formally opened by the said official in the presence of all of the above-named det'ts, sitting as a board of canvassers, on the 7th day of December, 1882, and which said return is in words and figures as shown in Exhibit A, hereto attached and made a part hereof, and pl’tt avers that said return is the true and only return of Marshall County and of the board of canvassers of said county made of said official canvasa, and that as appears by said return the said canvass was completed on the 13 day of November, 1882. That the above-named deft's, by virtue of their official positions held by them, constitute the board of State canvassers, and that, as above stated, the said return of the board of canvassers of Marshall County was duly kept under seal by the secretary of state until said State board met as a board of canvassers on the 7th day of December, 1882, when the same was duly and formally opened by him in presence of the board and was accepted by them as being duly authenticated and in due form and having attached thereto the genuine signatures of the proper officers and duly attested. That about the time of the opening of said returns from Marshall County the secretary of state, J. A. T. Hull, produced before said board a certain paper, a true copy of which is hereto attached and made a part hereof, marked Exhibit B.

That plaintiff is not advised as to whom and from whom said paper was obtained by said Hull, but avere and charges that said Hull received said paper by mail in an envelope containing and having indorsed thereon nothing but the usual post-mark and the words “Secretary of State, Des Moines, Iowa." That said def'ts now threaten because of the production of said papers to change and modify the return of the board of canvassers of Marshall County, made as aforesaid, by adding thereto forty-eight votes for James Wilson, pl'ff's competitor, and eight votes for plaintiff for the office of Representative in Congress in and for said Congressional district, thereby adding to the vote of Wilson, in said county, above the amount duly returned as cast for him, the net number of forty votes, pl’ff avers that the said action contemplated and threatened by said board would change the result of said canvass of votes of said election for Representative in Congress, and would show that said James Wilson had received a majority of the votes in said Congressional district for Representative in Congress, whereas if said return from said county of Marshall shall not be thus changed and modified, pl’ff would be and is shown by the aggregate of the

returns of said counties in said Congressional district, all of which have been duly opened according to law, have received the highest number of votes for said office and would be entitled to a certificate of election accordingly. That the action of said board as contemplated and threatened would thus result in great irremedial injury to pl'tf, and would deprive him of said certificate of election to which he is justly entitled according to said returns. That said board have no right whatever to take said paper into consideration, nor can said return from said county as made and duly certified be lawfully changed or modified by State board, but that nevertheless and notwithstanding the illegality thereof and the great prejudice and irreparable injory done to pl'ff thereby, def’ts, acting as a State board of canvassers, will so modify and change said return from Marshall County, unless restrained from so doing by a writ of injunction from this court, and that plaintiff will thereby be deprived of the certificate of election to which he would otherwise be entitled, and that plaintiff has no other adequate remedy in the premises. Wherefore plaintiff prays for a preliminary writ of injunction restraining def'ts and each of them, and as a State board of canvassers, from making use of said paper to affect said canvass and from changing or modifying the return of the vote of Marshall County as made and certified to them as shown in Exhibit A, hereto attached, and that on final hearing hereof said injunction be made perpetual, and for costs of suit. T. BROWN AND NOURSE & KAUFFMAN,

Att'ys for Pl.ff.

STATE OF Iowa,

Polk County, 88: I, B. T. Frederick, on oath, state that I am plaintiff in above cause; that I know the contents of the foregoing petition, and that the averments thereof are true as I verily believe.

B. T. FREDERICK.

Subscribed in my presence by B. T. Frederick, and before me by him sworn to on the sth day of December, 1802.

W. H. McHENRY, Judge of the District Court.

(Indorsed :) B. T. Frederick v8. B. R. Sherman, gov., et al. Petition in equity. Filed Dec. 8th, 1882. P. D. Aukeny, clerk. T. Brown, and Nourse and Kauffman, for pliff.

Let the writ of injunction issne as prayed, on filing a bond in the penal sum of five hundred dollars, with suroties to be approved by the clerk.

W. H. McHENRY,

Judge of said Court.

THE STATE OF Iowa:
To Buren R. Sherman, governor, J. A. T. Hull, Sec'y of State, W. V. Lucas, State Auditor,

and E. H. Conger, State Treasurer, as and sitting as a State board of canvassers of Iowa, defendants : Whereas B.T. Frederick, as plaintiff, bas this day filed in the office of the district court of the State of Iowa, in and for Polk County, a petition duly sworn to, making the above-named defendants therein, and praying for the allowance of a writ of injunction against said defendant; and whereas the Hon. Wm. H. McHenry, judge of the district court of said county, has made an order allowing said writ of injunction to issue, opon the filing of a bond, with sureties, pursuant to said order; and whereas said order has been complied with, and such bond filed and approved: Now, therefore, you, the said above-named officers of the State of Iowa, as a State board of canvassers, defendants as aforesaid, in the name and by the authority of the State of Iowa, are hereby strictly enjoined and restrained from nsing a certain paper produced by the secretary of state before you, purporting to show certain alleged facts as to the canvass of the vote by the board of supervisors of Marshall County, sitting as a board of canvacsers concerning the vote of Taylor Township, in Marshall County, Iowa, and purporting to be the act of the board of supervisors of said county, done Nov. 14, 1882, to affect in any way the regular return from said county, opened by the secretary of state in your presence on Dec. 7, 1882, and that you be further restrained from changing or modifying in any way, by reason of said paper, the said return so opened in your presence, and signed and attested Nov. 13, 1882, by said board of canvassers of Marshall County, lowa, until the further order of our said court in the premises.

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