Weekly Phoenix herald. [volume] (Phoenix, Maricopa County, Ariz. Territory [Ariz.]) 1882-1896, 1883-01-26

OuQ u uUlcldt DlStTlCI OIL the leTTllo-
ry of Arizona, in aud for the County
of Maricopa.
R. F. Kirkland, Plaintiff and Con-
testant,
Neri Osborn, Defen iaIt and Re
spondent.
The case having been regularly
called for trial before the Court and
the Contestant having appeared by
Tweed s. Hancock, Cox s. Campbell
and Smith, his attorneys, and Alsop
& Baker having appeared as attor-
neys fer respondent, and the Court
having heard the proofs of the re-
spective parties and considered the
same and the records and papers in
the cause, and the arguments of the
respective counsel thereon, and the
cause having been subm tilted to the
Court for his decision, the Court
nov finds the following facts:
That the Contestant, R. F. Kirk
land, was at the time of the com
mencement OF these proceedings
qualified elcctor of Maricopa Coun-
ty, in the Territory of Arizona.
That at the General Election hel d
in said Territory # Arizona, on the
seventh day of November, 1882, for
Territorial and county officers. the
said r. F. kirkland and the said
NerI Osborn were rival candi lates
for the office of County Recorder of
the said county of Maricopa county
of Maricopa and that nearly all of
the votes cast at said election in said
county of Maricopa for said Office of
County Recorder were cast for either
of the said kirkland or Osborn.
That on the day appointed by law
the Board of Supervisors of said
county of Nsricopa met at the coun-
ty seat of said county of Maricopa,
and pro ceeded 10 estimate The vote
thereof, aud did draw up and sign a
statement thereof, purrorting to con-
tain the names of the persons voted
for at said election, the office to fill
which each person was voted for
the number Of votes given at Ell oh
precinct to each of such pers ons ard
the number of votes given to each
in the sail county and then and
there filed the same together with
the returns received by them from
each precinct, with the Clerk of the
Board of Su pervisors of said county,
ard then and there declared the said
Neri Osborn elected County Record
er of sa d county for the ensuing
term.
That according to said estimate
and statement the whole number of
votes cast at said election for County
was 1874, of which the said !
Neri Osborn, the Respondent, re.
spe ndeRt received Az ami the said
r. F. Kirkland received 40, and
therefore the Clerk of the Board of |
made out and delivered |
to said Osborn a certificate of his |
election to said of County Recorder
Of Maricopa County, signed by said |
clerk and authenticated by the seal |
Of the said Board of Supervisors
That among the votes cast for said |
Neri Osborn and estimated and |
counted by said Board of supervisors
Rs having been received by said Neri
Osborn were eleven votes purportiug |
to have been cast in favor of said Os- |
born at certain election precinct in
said county known as Aqua Caliente
precinct, and the Court finds that
four of the said votes were not cast
legally as having been cast before
here was any Board of Election
legally en- tiled to receive the same.
That among the votes estimated |
and counted be said Board of Super
Tisors as having been received by
said R. F. Kirkland at said election
were three votes cast at Tempe pre-
:inct in said county of Maricopa, to-
wit, the votes of Manuel Gonzales,
Nabos Gonzales and John E. Law
son, and all of said votes so cast and
for said kirkland were
Illegal and not cast by qualified elcc-
.ors of the County of Marlcopa.
The Court further finds from the
evidence that in the whole County of
there were cast at the said
for the aforesaid candidates
BIT legal votes, and that of this num-
Der Neri O-born received 440 legal
votes and r. F. Kirkland received |
437 legal votes. That the Respon-
dent Neri Osborn is qualified cleo
tor of the County of Maricopa in the
Territory of Arizona.
CONCLUSIONS OF LAW.
A conclusion of law from the fore
going facts the Court now hereby |
finds and decides:
1. That r. F. kirkland, the Con-
tostant herein, was not elected to |
said office of County Recorder, by |
virtue of the election in said state
ment mentioned and is not entitled |
thereto.
II. That the said Neri Osborn was
duly elected County Recorder of |
said County of Maricopa in the Ter
ritory of Arizona, by virtue of said
held on the seventh day of |
1882, as aforesaid and is
entitled to judgment declaring him
10 be duly elected TO said Office.
D. H. PINNEY, Judge.