Langley v. Head.

Election Contest—Bill of Exceptions—Description of Ballots— Reference to Originals—Rule of Court.—Upon an election contest, in eases where original ballots cannot be reproduced or described in a bill of exceptions so as to show the precise question raised, this court, under rule XXV, will order original ballots to be reproduced; but this rule is not intended to dispense with the description of all disputed ballots in the bill of exceptions, and in cases where the question is such that the condition of the ballots may clearly be exactly shown in the bill of exceptions it devolves upon the person seeking the judgment of this court thereon so to show it; and it is not proper practice in such eases to abandon all description of ballots in the bill of exceptions, and merely to refer to the originals therein. r

Id.—Opportunity for Inspection of Ballots.—It is the duty of the court to afford to counsel an opportunity for such an inspection of the ballots as may be necessary to properly present the questions raised by the bill of exceptions.

Id.—Marks not Distinguishing Ballots.—Pencil-marks on ballots so minute and light that they are not readily observable, and a drop of candle-grease that had fallen on a ballot after it had been voted, and ink-marks on the back of a ballot, and a blot on another, and a tear by election officers cannot serve as distinguishing marks.

Id.—Distinguishing Marks.—An erasure clearly appearing on the face of a ballot, and two crosses placed after the name of a candidate are distinguishing marks, which require the rejection of ballots containing them.

Id.—Objection not Made.—An objection to ballots not made in the superior court will not be considered upon appeal.

Id.—Dismissal of Contest—Confirmation of Election of Contestes. —The dismissal of a contest practically operates to confirm the election of a contestee who holds the certificate of election.