The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-12-05
WRIT OF MANDAMUS.
PETITIONER HuRLBur WITH
DRAWS TT WITHOUT PREJUDICE.
Numerous Errors and Discrepancies
in the Returns From Ogden Pre-
cinct No. 2 and Others Result in
Giving the Majority to Gilbert,
the Democrat.

The hearing on the writ Of mandamus
ISSUED from the Fourth district court
at Ogden. at the instance of Frank b.
Hurlbut, the Republican candidate for
collector for Weber county, against G.
g. Dey,:A E. Hyde, William Harcombe,
j. J. Thomas and v, NJ. C. Silva, the
board of canvassers. to compel them
TO issue him a certificate of election,
was had last evening at the Office of
Attorneys Dey & Street in this city be-
fore Judge King of the Fourth judicial
district
The petition for the writ set out that
the petitioner was duly elected to the
office of county collector of Weber
county by a plurality of II votes, and
| that the board had failed and refused
to issue the necessary certificate of
election.
The defendants put in an answer
stating the delay was owing to discre-
pancies and irregularities found in the
returns of a few of the precincts of
Weber county. Also that the board had
not refused to issue the certificate when
the proper time came; The defendants
also stated that they could see no rea-
son why the Weber county election
of any of the other counties in the
territory.
Judge Bennett appeared on behalf of
the petitioner and Attorney P. l.. VIII
liams for the members Of the board OF
canvassers.
Judge Dey and Alonzo E. Hyde were
examined and substantially stated that
in the returns of the precinct of Hooper
discrepancies had been discovered, one
n iab J,
credited to the Democratic candidate
for county clerk which belonged to the
Republican candidate while a similar
error occurred in giving the Republican
candidate for recorder nine votes which
belonged to the Democrat. In the pre-
cincts of Liberty and Kanesville one
more vote was credited to each of the
Democratic candidates than they were
entitled to.
The board finding a difference in the
tally sheet returns decided to go to the
ballot boxes and did so, correcting the
errors.
In Ogden precinct No. 2, errors were
found in the returns for county clerk.
collector and surveyor, and the voting
list of poll No. 2 was missing and had
not yet been received. a large discre-
pancy was here found in that fifty-nine
votes had been credited. to Hurlbut, the
INepupiicdh canQldate for collector,
which belonged to the Populist. When
these and other errors were rectifed it
resulted in the Democratic candidate
for collector, Gilbert, being elected by
tWa or three votes more than Hurlbut,
None OF the other discrepancies were
of sufficient magnitude to change the
result as to the election of any candi-
date.
After hearing the testimony Judge
Bennett, on behalf of the petitioner.
said he was of opinion that the man
damus proceedings We're premature. He
thought that no sufficient reason for
going behind the returns had been
shown but desired to withdraw the nett
ton without prejudice.
Attorney P. l.. Williams said the petit
ton was certainly premature and con-
sented to the petitioners withdrawing
It and 1T was so ordered by Judge King,
the petitioners to pay the costs.