Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-06-20
SUPREME COURT.
Judge Zan0'S Ruling in the Summit
County Election Case Reversed,
WITH JUDGEBARrCn DISSENTING.
A Railroad Compauy's Appeal Prom tho
Fourth District.-EN.pcpuiJ Mar
shall MILESTONE Goes TO Prison.

room at this MORNINGS session, at
which the following business was
done;
IiiE CnfiF JUSTICE REVERSED.
Judge Miner rendered the opinion In
the case, argued yesterday, Of George
| w. Young, plaintiff and respondent, Va
J, IA. Demiug, defendant aud al
| puilnut. appeal from thu Third de.
tfict cOurL)
The facts were given In yesterdays
/ NEWS. The controversy arose 0ut Of
the late election Of trcaiurcr for
/ summit county, biz. Young claiming
| That seven votes cast Ia two precincts
| at Coulvillc should have hcrn counted
/ Tor HIM, whereas, by mistake, they
| were dropped IA the wrong box and ~
| defeated his election. Judge ZANE, on
/ the hcafi ny found Tor the plaintiff
] Notwithstanding, sand tile court, that
| itccnuuUu was taken by ull tho Judges
OF election, IL was apparent that Elk
county votes were somehow placed Ia
| tile city box and HiA city votes In tie
county boa, 10 was not commended
that this mistake nrusr through tue
fraud VI thU election tiliccTg, aud the
testimony clearly eXUurtatei them
ttum ali intentional wfOug la tho
matter. In the nb.eucu OF Circum-
stances 10 the contrary the presumption
vi the law wa, tina, th.y properly per-
formed their uuty, In appeared from
the testimony Ia the record that these
siE county ballots were not cauvasHsd
by the Judges, nor were sucu tickets
seen ~ oil Or huy two OF thtir
number. There WIS very much
uncertainty thrown around the
character u those tickets. No witnesses
hsu tustinet tnat Mt Iouug's name
was upon tnun, nor did 10 sufficiently
appear that, IL it was, one OF more u
jhtm might not have been scratched
un. While Ia this particular onsu 40
special reasons existed Tor eating
icl C,iOus upon the truth Of those
who particlp, tied lu tie election, yet II
was deemed uuwieo 10 lay down any
rule by which the. certainty anu 40.
cufHcy VI al election might be-
JeOpnrdi1ed by the reliance upOn any
proof affecting such results that was
not Oi a most clear anu C0nulufivr
character. The temptation 10 actual
maud and corruption on tue
part OF candidates aud their p1l.t.
col supporters was never no Great
Ne when u was known precisely how
many votes II would tAKv 10 change
the result, Aud men who were WilIus
10 Hell thelr votes before the election
would quite readily cell their tcslimOuy
Afterwards, especially us the means OF
detecting PERJURY Aud tilsohOld were
not always NJ hand until alter the
wrong sought TO be accomplished by IL
hai become successful u Il the honest
VIII Of the people had been thwarled.
These ballots having been improperly
! ! HaNVR..sH.I
certified that they NeTo east IN Mt.
Young, their honofs thought the evil
drncr that the Elk ballots were cast
Tor Mr. Young was insufficient 10
lu,tiy that finding, anu hold that the
judgment entered 10y the lower court
3 IA favor OF plaintiff and contestant
. should be reversed, with costs.
q Justice Smith cOuouTrrd, while
: Judge Bartch dissentol.
THE AMOUNT TONED DOwE.
la tue case OF Thomas Il. Jones,
respondent, VI william q. Gallagher,
appellant, tue opinion was delivered
by Judge Miuor, Justices BaTtch and
Smith oUncuTTing.
The action was originally brought
In the Third district court 10 recover n
! balance dus the plaintiff ON account
: current Tor money advanced for de-
iyndanps use anu Tor commissions as
broker In the lower court Judgment
was rendered In plginuti's favor tor
2 s.l3l,ls, principal anu Interest. From
I this Judgment an appeal IL taken.
o The supreme court reduced tho
D amount TO Sl6s7.5l, and IA thus mOui.
D He'd tue judgment OF the trial court
d Was affirmed ith costs Of the higher
court 10 the appellant. Plaintiff was
u awarded the costs " the court below.
HE WAS KILLED.
Sarah Woods, rpspondu at vs. the
q Southern Pacific Railway company,
|, appellant, was the first case argued.
IL came on appeal from Judge Miners
court Fourth disttlo,l
y George $. Woods, Me husband Of
y the plaintiff, was In lnu employ VI the
y uutundant company as IA bridge car.
!, pUntor, lao anu those working with
:. him having bten provided with an
r. "ou,ht car" for their use. This car
. wa nc Lake station on the day OF the
a accident when Woods lost his life,
Being desirous OF moving It 10 some
point on the railroad further
II west some Others Of ths
= deiondAnt's servants undertook to
attach II TO n freight train and ran It on
| 10 a hHlANhs II was Ahtu Ahhtn uu 70
Terrace, distant from twenty-five 10
thirty miles, without, as Is alleged, the
Z aCqulesGence OF tue deceased. ON
. reaching Terrace the engine and some
i VI the forward cars left the track and
y the car IN which Woods was riding,
: with other cars In front, were wrecked
F., and Woods killed. About week
u prior to this other cars had been de-
i rallied at the same switch,
y The jury on the trial found for the
j. plaintiff IN tho sam OF $4,000. ON
y motion fora new trial the Judge made
an order granting the ZANE
= unless plaintiff, within three
+ days, agreed TO reduce the
y amount awarded to $4,000. Plant Il
d thereupon offered to remit $1,000, re'
duClng the sum TO $4,000. Ihertupon
u the court denied the motion Tor a new
j. trial, and the company therefore ap
peRls.
y, wHErsrONE's APPEAL UNsuCCEssFuL
Il In the matter OF the Whelstong
D. hRbeas corpus from Ogden) the oourl
10 now denied the petition and remanded
tho prisoner 10 the custody OF the
10 United States marshal. Leave q
a. amend was asked for aud granted, nyt
days being allowed.