Show CONTEST BY RITCHIE district t judge to apply for prohibition writ SUIT TO BE FILED TODAY supreme court to be asked to oriler order the state board ilo rd of Canvas sora not to pass upon the vote tor for Ditri district ct Judges Points raised involve the validity of the entire election act constituting the board attacked australian ballot bill alleged to have wot not been passed judge lit L fritchle undoubtedly has the courage or of his convict convictions ionn as will more tully fully appear when it Is known knon that he lias has practically can consented anted to assume e the title rule of pe it lainer in III tile the e lection election proceedings nell which I 1 c I 1 I 1 will be instituted in the supreme couil this morning tile tho elLe election tion contestants are not content to allow the lie matter to rust rest upon habeas corpus proceedings 11 in the stan tanton ton case and home belle still III tile file an applina lion tor for a lint tit ot of prohibition against the doard board ot of state slate Canvas canvassers mers the petition was thawn up yesterday the title heina 1 M I 1 I ile vs morgan richards state auditor james chapman stale late treasurer anti A C bishop attorney ney general it to act as a board of state alato canvassers the PolI petition tIon pets out that judge nit clil mas as appointed aPPOInt cI by iy ay hov GOV wells to tn the of judge in june julio last to nil fill a vacancy caused hy the to le of judge le lc ll 11 rand toting who ho had been elected to th hot offic enire an arid that thai hi he Is 14 entitled to retain ohp lh mime earne until his shall hau be elected as a provided by law CA N VA 19 S I 1 N LAW ATTACK lW the personnel of tile hie canvassing board Is then their mt out nut a and I 1 it Is 14 alleged that tile the numbers num beis unless will assume to art as such board unde tile the provisions of a an ii at act c milled an act relating to and making sundry provisions concerning it Is then alliati get that this rot act Is illegal for the reason that it anns as nut not 1 cidh iss ed fly by a 9 ym yea and nay vote as provided fly tho constitution this allegation Is fol followed loved by the charge that there was a disagreement leie cn tile the duct houses over the alt ail mid and that it was vas reft referred to EL conference committee comm lluc which reported certain amendments these amendments being concurred in by the lower house on oil it a viva voce vote tile hie official entry bring being on motion mollon the house concurred in conference committees amendments to S U B 10 TITLE DEFECTIVE it Is i also charged that the enactment was iva illegal for cor the further reason that the title does not conform to th the 0 le e quire nul rementa ments of oc hie lie constitution w which aich les that thai no hill shall be passed containing more than llian one subject which shall be clearly expressed in its title judge ritchie next avers that ills term of 0 office extends under the edstine ine provisions of law unit too and that although there can be no election ot of his successor until that date the canvassing board Is threatening to canvass tile the return of votes cast for judges in november under and in pursuance of the pretended enactments of oc the bill above referred to SECRET BALLOT POINT the australian ballot system Is then attacked the charge being in brief that the ballot was not secret and that no legal b ballots blots were cast for the reason rea son that the numbers placed upon them could bo be seen by holding the ballot to the light and that the judges and every other person seeing the ballot could ascertain by whom allom it 11 way was cast and lor for hom each cecil voter voted ROLL noll NOT CALLED this Is not the only attack made upon the law however as it Is luither alleged that it 11 ni vas as not legally enacted bv the evict atto houses of the legislature and never became a law the illegality complained of la Is in the action of the senate and house of representatives tatter after the return of the bill by the governor with ith certain amendments which illich he suggested should be made in this connection it Is alleged that after the amendments were mere adopted the bill as a s amended passed the senate by it a yea and nay vote bit bj that the lower louse house did not pass pa ss it by a yea a and nil nay vote vole nor by a two thirds vot vote c of the members nor ly by any other number at all the lie house simply concurring tn in the senate amendments which had been suggested by tile the governor tile tho entry on tile he house journal Is alleged to be on oil motion the house concurred concu ired jn fr tile the senate amendments to S H B no 22 and it Is further alleged that for the reasons set out therill the bill as printed never became a law of the state slate EMBLEMS LENIS objected TO another attack on the admi aumi australian allan b ballot it is 14 made u upon un n the ground that the provision tor for party emblems la is illegal in that thai it does doer not lot provide a uniform r method 0 thod of voting but gives given preference to those vi hose names it happen a P pon to le ile on the elio regular ti ticket let AIri Is DINO alno made tioN of the leroisin lr oisin in the bill 11 which provides vid s that loy by placing a cross mark op the par pai ty emblem certain candidates should be considered as voted for whether the voter had himself selected them as his choice or not nol and it Is alleged that ballota bil lots work weri cast anti and of ai tempted lc to 0 o lie he counted by the canvassing boards tor for certain persons choko whoso names ww were assur assumed ned to b unon the ticket but for whom no voter had actually voted noted by making a cross maik opposite their names ASKS POR A WRIT WHIT in conclusion judge ritchie alei that in addition to ill which lie was appointed to nil fill judge john A street was vas to fill 1111 a vacancy caused by hie he loll 1011 of it judg IloA locut at and that at tin tile pro pretended tendel election on oil november sni ill it Is claimed that A N cherry and A li noi nn I 1 pit received it a of ohp th ballots riet cast sn ili the iho manner above hot hd out it Is also alleged that if the MP assumed board of 0 calva canvassers sers should proceed to canvass the votes voles cherry and norrell norrall might to rc celms certificates authorizing one or of them to occupy the office ot of judge fritchle Ritch le and aid th the other to occupy the office of 0 judge in harmony with the allo gallon that he has no plain arii edy or adequate emody lemady at law i jude ritchie lien n plays that a writ of prohibition issue against the members ot of the beald prohibiting them from canvassing sri the returns |