Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-05
APECULIiR SUIT.

Young, on the ground that the lat
ter has damaged the reputation O
complainant 10 the extent OF =. 500
aad caused him an expenditure o
SIGl. The alleged grievance Is tina
III. HoUug caused the AIRES
and examination Of Allen on 8
charge Of having committed a Grim
iual breach Of the election laws. by
which hei NIr. y was robbed Of his
right TO a seat on the school board
Of slis city.
Were il not for the annoyance
10 which a respectable citizen Is
subjected ia consequence Of il,
The damage suit would assume, to
oar view, an aspect OF hilarious
Ebsurdity. We take it to be beyond
the limits OF reason to anticipate
Notwithstanding the practical aboli-
ton in Utah OF trial by jury-that
the complainant expects 10 receive
a cent. We no more believe he will
than We 10 that he has been
damaged ly tie defendant 10 the
extent ola mill. We are % opinion
that the boot is on the other foot.
and that il Is the defendant who
has been damaged, and that, in the
language OF Commissioner Green
man, thatPoint ''Can be determined
rs civil action on TIE part OF
che ceEtestant.'' We 20 further
ami express the belief that.
zt the contestant should plant
= civil suit against Allen It al, pro-
viding the courts would do the right
thing IN the matter, the plaintiff
w0Jld Ice sustained.
The ground Of this belief Is the
character Of the facts calculated in
the examination Of the charge
against Allen. Among them were
obese; At the poll in the Fourth
Precinct a. which Alien, in his ca
Eacity as judge, deposited Tor other
wisej the ballots, liG voted the Peo-
E'i-'s ticset ON which was the name
Of Richard ". Young rs Il candi-
date, and only Is We're counted for
him. There Is proof Of croclsedness. |
= wrong was done 10 Mr.. Young
and the public, especially The per-
sons who voted for him.
Whether Allen was the guilty 1
man or not, suspicion naturally fell /
upon aim, because he was the per
son vino handled the ballots. de-
posting them ,or otherwise when
banded in, and extracting them
when taken out Of the box. Thi,
strong Iresump,ive position appears
T. render the allegation of malice
-n the part Of the plaintiff a. -idicu-
Ions rs that to the effect that Mr..
Young procured the publication Of
the fact % Aliens arrest in certain / ,
local newspapers, including this !
Journal.
During the examination Of the O
charge against Allen number Of q
witnesses testified 10 witnessing sls- =,
pirious and Irregular conduct ON his
CART atthe poll. In his decision. .he !
Commissioner said:
"A large majority OF the witnesses.
when questioned. admitted that their ,
ballots were received and deposited all
right. They SAW nothing rr,,..
7Vhi-e lhe icy who n1.i-ed wbaf thew
term something out OF the usual order
ui business, admit that while they
noticed those strange things. they did ,
mot demonstrate or slyauythin- abouf
a.~
This admits, in 4 miik-anI-vator
that the evidence given shovel
irre-Ularity, which is further sus
ilined, in diluted shape. by another
quotation:
Although pointing toward His o
o7epancy and irregglari;v in the cop- !
due, 81 the election AZ Poll No !
Fourth Precinct, n the July election. :
iheeviiancs does uotdis.lo-e fba "a s
that ihe defendan; did srv.rf-- o
wrong, al least sufficient TO suur,rt Il
The charge against him. o.
Thus :he commissioner Summarized 7
''e fact that the evidence pointed i
toward DISCREPANCY and irrrgul,ri-
IS in the conduct oC election N u,II II
No, >" This also upholis IN, r5inf
oi jusiiiiahle suspicion that the "
discrepancy between the Dum- ID
tier Of baliots rendered bv
elections anu those counted was oyr- =
Ing to this irregular and dlscrrp,n,
conduct on the part o.! Alien: CON
scglenay this allegation O.. malir. a,
on the lar; Of Nir. Young i'm having
him arrested agToars in the lirb, Ii
OF an abSuTdity. =.
Inc language: ..Tbe evfl.rc.
dos not disclose tile fact that tb. q
defendant did anything wrong. a.,
'sz A't sufficient o. suyuar, he
q aTge ulgde Gygigs, him, i e,
qualified phrase. IL amount. N
-ayins that be did s,.,. POI
wrong .Iut uo, q1i.e enough l.
wrong 10 sustain the cba-r.. {
Aei or urs the question, d u how Tn
much %. election wrong does If -
i'ire should be done bya ..Iiaerll.. sf,
% prove a charge against him ls.r,,. ;
'i-iaeraI' commissioner !
We believe, without qlslig.s,i,, NY
mat onthe ground Of the opinion al :
commissioner GreennIan alone !
.'a~sd in favor Of Allen. rs We b,I5 Tor
{ % he-the suit agaln,. Mr.. y-ar,, '
you'd not De entertained hv 7nr ,;ESi
uri Cd; Justice worthy the nam. Il \
D ''iiN is added the testimony giv., tesy
..o7e the commissions 70 j.
ZACH We do no. p,irl 'Ol
D" magistrate gave s.g-;,i.r, -.
eish. when it b1rs a-,i,-. "A \
be defendant, the ground ON emf
'mpialnan- in the civil suit d. ~ msT
e. regard il, swept away. We d, IN {
~ an. 'i'o'Lisnt that Mr.. chez
-Ai's'i--" no appears b have the
many aliases that he coulB mo. gent
Member them a; the examination pror
''-.- 'ea-sF, eN-Policemau. foot s SAT-
70, ''ei ,eE political operator. trail
]" make anything out OF bis beIn
'e'' move Inieei, it is auu,.s. mon
M. - - - 70 whether II mig
'-''aEal' in;iniia- Cap
n e77i-an iutnati3a tas. Ate
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