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

h sFsSS Before JH &c Zane.
81 4 GOOD SHOWING FOR RUMEL
N The judges Of Election Say Oh.
D. Votes Were r,r the "Jr.-
The mantamus procee iings in tia,
election case cane up bsfo-e Juig,
Zane today. Col. Stone and Co.
Ferguson were there for Col. Page.
the "LiJerIl'' candidate. and
Messrs. Arthur Brown and J. l.,
Rawlins representing the Board OF
Canvas-crs and J. II. RumeI, Jr..
The WOrkingmen's and Pee.
pies candidate The result sought
to De- br51gh; abou. by the
"Litefals' Is TO deprive Mr.. Rumel
Of the Office Of county recorder, be.
cause at Poll l, First precinct. the
judges Of election certified to votes
for J. II. Rumel insteai Of John II.
kumel, Ar. In the SINE p1II tb,.
returns showed II. nage instead III
/. Henry Page. The Board OF Can
vassers decided 10 70 10 the haIlo,
box to finG for whom the .-ctes were
actually cast ard then, If they were
found &c &c Tor different persons, To
- certify. IL is this going TO The
ballot box that the "Liberals'' are
making such n strong fight against.
When court opened today Mr..
| Brown asked leave. on behalf lf J.
Ii. Rumgl, Jr., to intervene in the
case, a. he was an interested uarty.
He offered the following affidavit:
In the District Court Of the Third
Judicial District, Utah Territory.
County Of Salt Lake:
Henry Page, plaintiff, ". Elijah
sells, J. w. Judd, Hugh Anderson.
v. w. Ritter, and Elias Smith, lie.
PENDANTS.
TERRITcRN oF UTAH.
County Of Salt Lake.
John II. Rlmel, Jr., being duly
sworn, dep0ses and says.
That At the ccunty eIecfi1n hell
on the 9Th day Of August, 1893. fer
the election Of county officers Of the
County Of Salt Lake, Territory O.
Utah, held in pursuance OF law. hr
was a caHdi late for and was vote!
for, for the Office Of recorder Of Salt
Lake County. That he was a can
didate upon two tickets-ane entitled
the Peoples Ticket. also another
called the Independent WORKING
mems ticket. That there was no
other Rumel, or person by that name.
running Ter that Office on that dav.oT
Is candidate for that Office. 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. &c aDlelr- /
that there was 4 majority Of votes I
east for this dep0nent, AMI that this I
iep0nent was lawfully elected D. 4
said Off -e OF county recarder: blt /
that, IA some OF the returns. the
names 81 the various candid ate,
were abbreviated. That in sons OF
the returns il appears that Henry
rage received a number Of ballots.
AMI tnat II. Page received a number
Of ballots.
That in the FIRST poll OF the first
precinct, Salt Lake City, it appear,
that J. II. Rumel receiyed-votes.
and that II. Page receivei-votes. !
That the J. II. Rumel therein men.
toned, this deponent is informed /
and believes true. was this depoueut. [
That IL could be nobody else. That
no other RImel was candidate for
office; no other Rumel was eligible
for Office.
Ihatthis depJnent received large
number OF votes throughout the
other precincts Of the county. which
-h0wed that he was cntitle I q thu
.ntire vote thus cast in the fret pol!
lf the first precinct,
Dep3nent further saws that. If.
counted literally n contained in tine {
the said ballots cast for Il
Page could no. be counted for
Henry Page, any more tnan the
.lllUts cast Cor J. II. IlImgI could
be counted for tnis ieoOn=nt; but Il
,ountei according 10 the intend
meat, under the circumstances oI !
the case, the ballots for J. Il. Rumel
must be coIntsd for this deppn mt: (
aud that the said inten lmeut was
well known 30 the said Board OF Can
vassers, ami 1t was well known tp
hesaid Board OfCanvassers that al! /
the facts stated in thIs affidavit wer.
rue.
Defendant further says that he is
informed, aud on information ari
b lief alleged 10 he tree, That this
action has been commenced against
he said BJari Of Cluvasssrs for the
purpose Of affecting the e,e ton %!
his .-ponent; and the sail depon-
snt has an interest in this action in
this, that he Is candidate for said
Dilice, AMI i the person elected
hereto. aud is therefore entitled to
sid Office,
This jeplnent therefore prays
hat he may have leave TO file an
answer herein, setting forth his
iefenss.
Col. Ferguson, on behalf Of the
Liberals" objected 70 the inter
yention, a. the merits OF the contest
Gould not be determined in this pro
'eeiiug. The question here was 10
lscertain whether the board Of can
,assers should certify to the returns
- they APPEARED on their face. or
they could 90 farther aud
axe evidence in the case. I,
Col. Stone also objected, claiming
hat this proceeding reached only 10 I
he Board Of CanvasseIs on their
iuty under the law. ami dill not
affect Mr.. Rumcl's interest directly.
Judge Zlne-What Is the fact q
which Mr.. Rumei wishes 10 bring
,efOre the court?
Mr.. Brown That he + John II.
Rumel and John II. Rumel Jr..
here being merely slish differ
.nce in the description; and also the q
act that he is elected Col. rage
declares that he i elected. and Mr..
Rumel desires 10 answer that 10y a
counter claim.
Mr.. RlwliUs said that a the Ger
.ificate was priBIu .fIclC evidence
II the right TO the Office. and Mr..
Rumel was directly interested, he
wanted il TO be shown that It was a
separation Of tickets cast FOR him I
hat was being sought by the other
side.
Judge Zane examined the ali Ia
yit ami said-Mr. Rumel merely I
asks leave 10 defend, aud for that
reason only will INIT him 20