Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-03
CLERKSHIP CONTEST.
Ferguson Plants a suit ASains,
Alien.

Allen.
The following document Ras FLEE
in the Third District Court ye.ter
day;
lHthe lnirI District Court of the
Third Judicial District, Territory o.
Utah. County 81 salt Lake.
Fergus Ferguson. plaintiff and
contestant -. tiargucc +. Allen.
defendant and Coutestcc.
Now comes said plaintiff aud files
this, his statement ~ contest and
alleges. That -iii piaiutil is and
for years last past has Jeen ia all
respects a duly qualified elect0T Of
Of the County Of salt Lake. in the
Territory Uf Utah, aud n such j.
eligible o. vote and bold office ia
laid county; that on the first Mon
day in August, 1889, tber. was held
al election IN ss!d county for th,.
Office q clerk 20 the county court
thereof; that hJlh the plaintiff anu
defendant were caudIiat,s and
I vO;UI for N saiI election Tor said
Office, that upon a canvass OF the
I votes Ca. az said election ia said
county, made uIU" the -Eth Jay o.
! August, 1893, uy tIe buaui duly APP
Z pointed 10 canvass the votes clst IN
said county 81 -aiI election, Il VS.
declared that -slI IlIiniiir had IT,
| cclygu $40 voice iHr -Iii uiiir- and
that said defendant had received
, sos v,t'- therefor AMI Il g aid de-
Z ie.l;IUt was elected thereto uy q
majority of Glyyu votes. Sail
! plaintiff contests tisr election 81 said
I defendant 10 shr Office u.ou tEe FOL
lowing grDuu3-;
First-F0r NAL conduct on the
lari Of the buari ~ Judges who
presided ever said election ai TJll
M. 2. iu Bingham "a iuyt, iu sid
county, iu tuis. lhs' -aiI boa-i O.
judge c-.Aiyvl az, pslsurgJ, en-
Outraged auI permitted the voting
II a large number, UsGriy more
than twenty frI4 luiCut l4i.o.5. FOR
I defendant. iHi -sii Office, when lhry
well knew that Ihe SIMS wg.U fraud
uleIt and Illegal aIi that rha Ycr-
aH.H
tIileB 20 Ta1t rri1 ballots az vote, III
said election. bII were falsely Uer-
-Dua;Iug other lgr-au- aa--ut-frgm
aid precinct SuI voting under as
sumsd NANTES uf such persons. that
sJiI board uf Judges well knowing
the frauisluUI SrI Illegal character
u -sil ballots. Canva-sgi and II
turned that There wen. t.ifiy-uiue
votes cast q, said election. ~ said
ispll. for said defendant. nr said Of
.i-e, and one fC- sd glasu.i-, Ulat
more than twenty 70 -Hi8 volts -
returned fYg saH. Defendant were.
and were well known % sal. board
q Ice frau .uirat aud illegal. that
said thiuy-ulEc votes were com
putci Ly the is8-I us u.uva--pr- fss
said county o. make ug tie E7=7
voice declared i.v sfii ig.- ugm,ti
lt1ari % haze been received t.y said
defendant flr said Office.
Second -iHat it.p ,ss1i 0i judges
Il poll No. .. iu t.I- second precinct
Of said county .uI >asl U1aui OF
cluvas--rs credited sal Defendant
with having received i>j votes al
saii election for -liI elise ~ said
Ioil, whereas blt I>1 vote, were cast
Tor said defendant 40 -lii election
at sliI Poll !. la said second precinct
for ssii . 'ufli-r.
Thirl--ThIt there were uiuyiyeu
RESIDENT Of Murray precinct IA said
county who Were 800 al Respects
qualified votes ami yuiillei ID vote
az said election iu ~glI precinct an.
who had taken tI- requisite oath
and been daily registered iHr talt
lurpu--. AMI a Er uu slii day Of
election pfsIrel az tIr proper poll
ing place la SliI precinct ami trui-
cred ballots fIg sal . plaintiff for said
cilice O. the u#Iri uf j.i--s preside
inE at sBii election in syil pre- met
and then AMI there asked V-rmi--
sion 10 vote ,ne same, but laid jgic-
-, well knowing the right 90 said
persons 10 cast said ballots, refused
10 receive the same or deposit them
in the ballot buN. aud neglected d
credit the same ~ having been cast
Tor said plaintiff for -lid office aud
the saIne were not computed ia
plaiutiil'- favor ly iig said igari
cIuves-iug the vote Uf said county.
FOurtl-That a. Bluff Dale pre-
cinct, in said county. sixteen vote
we're given al said election 90 SAID
plaintiff for said office, whereas but
fifteen Of said vDts-s were returned
and counted ia favor ri said plain
tif.
Firh-That iu said Bingham pre-
Clnct ami IA the -ai4 --eoud pre-
CinCt, Alta, and other precincts q
sliI county, Illegal vulc- were given
O. said defendant which Il .aken
from him will reduce the number Of
his legal votes ae.8g the number o.
legal votes giEsu 40 said election 10
slii plaintiff for said office.
Wherefore said pi4iniT contests
the election 81 said defendant O. said
Office and alleges that said plaintiff
was elcctei thereto. and asks the
Judgment OF this court
Fir-t-Th7t said plaintiff was
elected % aud entitled 10 hold said
Office.
SecUnG-That said defendant was
not elected thereto. AMI J. not en-
titled g. hold the same, and for
costs. AETHUE Brown,
j. L. IsAwLINs,
Attorneys Tor plaintiff and
contestant
The answer, q course, has not
Yet been filed.