The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-09-30
Against Ma son.

Inc mandamus case OF w. l.. +. Peytol
brought against 9. H. Matson, registrar,
and H. NJ. Durbrow to decide who should
have the rightful possession of the lists of
the Second ward, came up before Judge
Miner at O'Clock yesterday afternoon. H.
w Smith represented Peyton and A. r.
Haywood, Dur5row. After hearing the
case, Judge Miner issued the following
. order:
In this proceeding the defendant H NJ.
Durbrow having appeared aud filed an
Fanswer and the Defendant George H. Mat
son having failed TO appear and answer
and the time for an answer having expired
and the parties having agreed in open
court that the facts are sufficient and true
10 warrant the following judgment in favor
of the plaintiff.
ut ordered that Il. NJ. Durbrow is the
lawful registration officer of the Second
Ogden precinct in Weber county, Utah.
That George II. Matson be and he is
hereby directed to immediately deliver to
said h NJ. Durbrow all lists of voters,
affadavits and papers relating to the
registration of voters in said Ogden pre-
cinct in Weber county, Utah.
THAT said II. NJ DurbroW a. once make
up revised list of voters of said precinct
embracing names of all voters registered
therein and especially that of the petitioner,
w. L. p. Peyton. That said DurDrow
Keep and maintain said list in public
Office open at all reasonable hours TO the
inspection of the voters of said precinct.
That plaintiff, w. L. p. Peyton recover
the costs OF this proceeding of and from
the defendant, George H. Matson.
JAMES A. MINER"
District Judge.
= Durbrow. accompanied by Deputy Mar
shat St John, went to Matson and made a
demand for the books, which Matson re-
fused After consulting with each other
Tor a few moments it was agreed to call the
matter up at 7:30 in the evening.
Matson Is a Liberal and DurbroW Re-
publican. 1t Is believed by Democrats
who had been refused The privilege of
being registered in several instances and
access to the lists il any way as a scheme
TO keep Democratic voters OF the lists.
The hearing of the case was proceeded
with. At few minutes before O'clock it
resulted in bringing the fact to light that
the whole registration system Of Ogden
Is being used for the purpose Of political
1uglary in the interests OF the Liberal
party. H. n. Durbrows, deputy registrar
of the Second precinct, was put on the
stand ana slate@ that he had requested
Matson to deliver the books of that prs cinct
10 him and was refused. Several times be
made the demand with the same results
He mad never mad them in his possession
and al he could do was to use the oath
book. Natson had even refused to give
him a transcript of the names.
County Clerk Ledwidge said he had de-
liyered the registration books to Matson.
soon after he asked for list of the voters
OF the Second ward and was refused.
4 Registrar Matson was next put on the
stand, and 20 say that
BE WAS NAILED TO THE CROSS
is putting it very mild. Attorney Smith
cross-Questioned him until he was so badly
muddleo up that the whole snap was given
away. By his testimony it was clearly
seen that Matson proposed to keep the list
himself and call il official. BY this means
it was TO be flooded with names and on
election day the Liberals had it planned to
run in a herd of voters whether they were
legally entitled or not. The list taken by
Durbr0w was to be revised and another lot
of names of voters that were not in accord
with the Liberal movement were TO be
thrown out. Matson stated on the stand
that several others were taken aad certi-
fed to by him afterward. He having never
seen the party at all, which was
contrary to law. OF course he was aware
they were Liberals. 1t is alleged that sew
eral Liberals have been furnished with
oath books so as 10 canvas for voters
which were brought in and certified to
afterwards by Matson. This Matson de-
MED, but there is good reason to believe it
was true. When the Liberal deputies
were in charge the ward books were given
TO them in several instances.
Judge Miner held that to avoid confusion
it was best 10 have the registration in the
hands of one party and renewed the order
made in the. morning. So Durbrcw will
probably have the registration books of the
Second ward in his possession today. The
Liberals have showed no great outward
demonstrations, but it is evident that this
is q scheme to carry the city election, in
which game they have beautifully fallen
into the soup.