Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-11-18

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sseesa raasa ~ =. r. Eysa . neeurs
es0eauesn - 90 o9es q c.~usy
vreasnsev.
On hasarday lass =. ~ Lyun. ssndi.
oaas foE County Treasures &C the Iats
sssssssn, flsd tie papers nsssnnsry 20
begin an action fer the possession Of
That ofziee. The papsrs ss<tine forth
the allegations On which Ne action h
osssd ara qaise lengthy and eo-npre-
hsnsivs. Thsy ssk forth tll that In the
Firss Ward Of Seattle the judges Of
election, instead Of removing shs bal
Ioas from ahs boz one by one and
counting them % required By Iaw, TO-
moved them all u snce and arranged
them before proceeding 10 count; l2l
thaf the judges At the sane ward veuf
20 sleep daring the progress Of the
couns. and accordingly cannot be posi-
ave as 20 the correctness Of s1ch couuf;
t5l fnaf N tbs precincts Of Black Dia-
mond. Newcastle, Salmon Bay. Union.
ssshou and the Firss Ward Of Seattle.
ballots esst for Lyon were inadyerte 1tIy
counted for Hill; and f4l that Illegal
votes were cast for Hill IL various urs-
ctncts specified throughout the county.
he contestant asks that the vote of the
firss Ward be thrown out; tsas the bal
lots Of Black Diamond, Newcastle. Sal
msu BAY, Union and vashou be re-
counted, and that the illegal votes east
for Hill be not counted. II any one of
these things be done, Hills majority. Il
y alleged, will be overcome, and the GER
t1ficate OF election issued to him should
De declared null and void.
The drst move made by contestants
vas an effort to have the ballots
taken from tbs possession Of Auditor
Harris and placed in the hands of Re
celver, t. be appointed by the court.
With this object in view, the following
affidavit was presented:
John q. Lyon, Plaintiff. vs. George
ID. Hill. Defendant.
Territory of Washington, County of
King, ss--John NJ Lyon, being first
duly sworn. on oath says that be 10 the
contestant in the above named action !;
that tbs ballots cast at the election held
10 said King county on November 4,
1854, foe County Treasurer, are In the
Office Of the Auditor Of said enunty !;
that part OF said ballots, as afh Ant is
informed and believes, were not placed
70 . sealed envelope at all az the Law
directs, and smother large number Of
said ballots were opened by the Beard
OF Canvassefs of said election and were
not again sealed up, and are now open
that II said ballots are not taken into
the custody Of this court forthwith. the
same are liable to be lost, removed or
injured that said Treasurer George d
Hill, who 10 nov Treasurer Of said
county, and has been such Treasurer
for ten years last passed, and Who has
resolved certificate of election to said
efhce for the next ensuing term from
said Auditor. - closelv connected in
business and frieadship with said Audi
tor, and said Auditor ID, as affiant has
fore alleges, % biased and preiudiced in
would not be q competent juror in any
cause 10 which said Hill ID. q party, and |
that said Auditor is not proper party
TO retain the custody Of said ballots or |
said poll lists and tally papers, which |
are also in she custody Of said Auditor /; |
that TO secure ample justice TO the par
point Q receiver to take charge of said
ballots and said tally papers and poll |
Iists, and hold the same subject to the
order of this court that A. A. Denny is |
competent, responsible and honest |
person, not party, attorney or ether |
wise interested in this contest, and q |
proper person 10 act as such receiver I; |
wherefore affiant asks that said A. A. |
Denny be appointed such receiver Of |
said ballots and poll lists.
yoHN NJ. LYON.
Subscribed and sworn to before me
this 18th day of November, 1884.
q. MoRRIs HALLxR,
Notary Public.
The Court thereupon issued the fol-
lowing order I:
John NJ. Lyon, contestant and plain |
tiff vs.. George ID. Hill, defendant.
Order appointing q receiver.
IL appearing to the coHrt that oon-
test has been made by Joan n. Lyon
against George ID. Hill for the office of
County Treasurer of King county, con-
testing the election held IN said county
on the 4th day Of November, 1884, and
that the ballots cast at said election are
in the possession of the County Audi
tor of King county and that the con-
tessant herein bona .fde believes that the
same are not all contained In sealed en-
velopes, and are liable, with the poll
lists, also in the possession of said Au-
ditor, 10 DO lost or destroyed pending
said contest, and the said contestant
having called for said ballots and tally
papers and poll lists, to be used as evi
dence in said contest and In the prepa-
ration of said contest, and moved that
receiver for the same be appointed, and
II appearing to the court that TO SEGA Q
ample justice to the parties it 10 neccs
sary 10 appoint receiver for said RAJ
lots. poll lists and tally papers. and that
A. A. Dsnny In proper and competer
person, not q party, attorney or other
wise interested In the event Of this con-
est; il 10 therefore ordered by the
court that said A. A Denny be. and be
is hereby, appointed receiver Of all the
ballots cast at the election held in King
county, w. T., on November I, 1884. to
eether with the poll lists and tally pa
pers in the possession or under the
control of said Auditor of said King
county, and that upon the said A. A.
Denny's filing in this court his bond %
such receiver, payable to the Clerk II
this csurt, in the sum eot $500, 90 1di-
toned as required by Law, he is hereby
authorized and ordered 10 call 20 his
assistance as wit esses of this court in
this cause four disinterestsd and 70
spsnsible men of good character, two
from each principal political party, and
in the presence of said four witnesses
aforesaid take into his possession all Of
said ballots and said poll lists and tally
papers, and in their said presence forth
with cause the same 70 be carefully
sealed mp In one or more PACKAGES. and