Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-08-28
The MANDAMUS CASE.
Arguments and Testimony in Pro
sFsss Before JE &c Zane.
1 GOOD SHOWING FOR RUNEL

ia GOOD SHOWING FOR RUNEL
a The Judge, Of Election Say thl
Z. Votes Were f,r the ~Jr."
The maniamus Urocee iings in th'
election case clns ~ bsfo-e julg,
Zane today. Col Stone and Co.
/ Ferguson we're there for Col. Page,
the aLi5srll" can iiiate. and
/ Messrs. Arthur Brown and J. /.
! Rawlius representing the Board Of
/ Canvasscrs AMI J. II. Ramel, Jr.,
( the WOrkingmen's and Pee
f. pies candidate The re-''lt sought
I 70 De- brought a5ol. b. the
"Litefals'' i to deprive Mr.. Rumel
Of the office Of county recorder be-
cause al Poll /, First precinct. the
judges Of election certified 10 votes
for J. II. Rumel instead Of John II.
Rumel, Ar. In the same poll the
returns showed II. nage instead Of
I Henry Page. The Board % Can
vasSers decided 10 20 b the ballot
box 10 find for whom the '-cie5 were
actually cast. api then, IL they were
found to &C lJf different persons, 90
- cCstiiy. II i this going TO the
ballot box that the Liberals" are
making such a strong fight against.
When court opened today Mr..
Brown asked leave, on behalf 1f J.
II. RumUl, Jr., 10 intervene in the
case, ~ he was IN interested party.
He offered the following afii iavit:
In the District Court Of the Thirtl
Judicial District, L tab Territory.
County Of salt Lake:
Henry Page, plaintiff, v. Elijah
SELLS, J. w. Judd, Hugh Anderson,
". w. Ritter, aul Elias Smith, De,
PENDANTS.
TERRITcRN or UTAH.
County Of Salt Lake.
John IL. Rumel, Jr., being duly
sworn, iepOses aud saws:
That At the CcGuty election. held
on the =th day Of August. lSgl. fer
tho election Of county officers OF the
County Of salt Lake, Territory o.
Utah, held in pursuance Of llE. hr
was a canGi late for and was vote
for, for the Office OF recorder Of salt
Lake County. That he was a can
diiate upO: :wO tickets-5ne entitled
the Peopl : Ticket, also another
called the independent Working
mems ticket. That there was no
other Rumel, or person by that name,
running fer that Office on that day.0T
As z candidate for that 0iii &c, either
on that day or at any other time.
That there was no other person by
the name OF Rumel eligible.
That by the returns made from
the judges 81 the precincts Of the
election in said county. IL appears
that there was a majority Of votes
east FOR this deponent, AMI that this
.ieponent was lawfully elected b.
said OH ec Of county recouieT. tslt
that, IN some Of the returns. the
names 81 the various cauiiIltg~
we're abbreviated. That in -om- o. [
.he returns il appears that Henry
Page received a number Of b8ilat-. .
AMI that II. Page received a number
IF ballots.
That in the first poll OF the first .
precinct. Salt Lase City, il appelrs I
hat J. II. Rumel received-votes. I
and that n. PAGE rcceivei-vUtes.
That the J. II. Rumel therein men
Toned. this deponeut is inf8rmeI .
and believes true. was this dep8ueul. 4
That IL could be nobody else. That
20 other Rlmel was candidate fpr
i,lice; no other Rumel was eligible
'or Office.
Ihatthisd ep3usntreceivCia large /
Iambar OF votes Throughout the
,ther precincts Of the county. which
.h1wed that he was entitle q thg
.ntire vote thus cast Ia the fret pei. 3
II the first precinct. J
DepJncnt further SAYS that. il
'Buntei literally as contained ia the
the said ballots cast for II. ]
Page could no. be counted for
Henry Page. airy more tnan the
illiUts east .6r J. II. itImel could /
ie counted for snls deoJu .nt; but Il
according 10 the intend
nedT, under the circumstance oI f.
he case, the ballots forj. II. Rlmel
must he counted Tor this d-pBn .nl.
aud that the said iuteu Intent was
we'll known 30 thesaid Board Of Can
'a~sers, AMI Il vas well known o.
he slid Board OECanvaszerS that's al! I
he facts stated in tEi, affidavit were
rue.
Defendant further says that he is
Informed, and on Information sri
lief alleged 70 he tree. u.at thi.
.ciiOn has been commenced against /
he said Board Of Cluvasssrs for thr I
,urrose Of affecting the e,s ton og
his .->poneut; and the sail Grpon-
mt has an Interest in this action In
his, that he Is n candidate for said
,ilice, AMI i the person elected /
hereto, aud is therefore entitled 10
sid Office.
This dep1nent therefore prays
hat he may have leave 10 file an
.nswer herein, setting forth his
Iefeus..
Col. Ferguson, on behalf Of the
Liberals objected 70 the inter
-ent;on, AZ the merits Of the contest I
.ould not be determined in this pro
.eeiiug. The question here was 20
scertaIn whether the board CT can
-assers should certify 10 the returns
: they appeared on their face. OF
whether they could 20 farther and
AXE evidence in the case.
Col. Stone also objected. claiming
hat this proceeding reached only 30 I
he Board Of CanvasscTs on their
.uty under the law. ami dill not I
fleet Mr.. Rumel's interest directly.
Judge ZIne-What Is the fact .
which Mr.. Rumel wishes % bring
lsfOre the court
Mr.. BT0wn-rhat he + John II.
lumel and John II. Rumcl Jr.,
here being merely a slight differ I
nee in the description; and also the
act that he is elected Col rage
declares that he j. elected. ami Mr.. Z
Rumel desires 10 answer that 10y
'Ounter claim.
Mr.. Rawlius said that a. the cer-
ificate was priDII JdcsC evidence
4 the right TO the Office, and Mr..
Rumel was directly interested. he
wanted it TO be shown that It was /
separation Of tickets east FOR him
hat was being sought by the other
.ide.
Judge ZIne examined the ali n, I
,it ami said-Mr. Rum-l merely /
lsks leave 10 defend, and for that I
-easJn only / will limit him % .
intervene.
Mr.. Brown presented n demurrer
IN hphalF Of fine EDanI NJ Tanyas-