The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-01-13

fn the presence of a ;hrong that crowded
the courtroom 10 It's fullest CAPACITY. Is as
follows:
The Text Of the Decision.
.'wsEiiam H. Meyer. contestant, w. A.
r Van dc yantsr. respondent.
'=I.aia contest involves the question of
who OF right shuafd have tbs certificate
Of election 10 the Office Of sheriff of King
county. for which the contestants aad re-
xgsaadcnts we're opposing candidates at
the general election heid in November
Asst. Contestant claims she right By
reason of having received a ma iosity of
the iegsd Votes cast at said election. hut
because or alleged fraudulent conduct
os electors and election officers he WAS
counted out and the certificate given 10
respondent. and ne Institutes this con-
test under the statutes for the purpose
OF determining. by recount OF the votes
ami a purging of the polls Of ali fraudu-
lent faint. who was lawfully elected such
sheriff. sau prssss that If his claim 10
such election be well established an orxies
of the court BE- NJ entsres. and the certi-
feaie Of she county auditor heretofore
ssssued - respondent he canceied and
Art. ~ required by Law
''sG'Ie certificate of election now held
~ rvegnaaaens Il pFima facie evidence Of
his lawful election ana right u the office.
TO overthrow this priEna fasie right coz
tcstnat mast establish hy a prepcslsissr-
afges Of nrcof his. superior right. This
raie Of law applies as wsll 10 ono Who
uFssieftakes 10 change the result OF an
slection as shown by the returns as to
any question Of title or property right IN
contruysrSs between individuals. II Is
the familiar rule that casts the burden Of
praof ifeen the accusing party.
Tie irregularities at Eraaklin.
F'raaA Is hnsaaly charged in the state
ment o. ,he contestant In practically
every nsectnet IN the county. hui ngs at-
sleas attempt is made 10 prove II except
im the pgnclavt ~ f7rafssx,l,. IL thA
Franklin vote were - tainted with fraud
IS 10 warrant the eessrt In eliminating
1; entirely. ~ any considerable
portion oF IT, fru4n the court in
shls controversy the RESULT OF
the elssslon wouia he eAanSe.a ASA the
certificate would % ftgst belong 10 con
seafant. This certainty of u change. In
the contingency mentioned. was we'll
known - contestant ANA his counsel. and
1t may he fairly presumed they exertsa
themselves accordingly. Rat 10 What ex-
test do they esSablssh the charge Of fraud
81 Frankiins They show trras<eiaritles
orr the rart os tRse election officers thas
Rre absolutely tasxeasal,te They show
such eszE9sis5St 80 raises a very strong iYs-
ference tisag Fraudulent voti,ss- az xtilm-
trg Was psssihse as fraaktia. raey show
b. she ballots themselves ghat no initials
~ the 3usre>xeF were ever PLACED eSn,re
sAe iSw directs. ami ~ orsJ proofs that
sfSs b&ssag Nas hautal hs the off3ccva So.
ar voluntarily taken Hy. she electors FER
the Rs1rpeSe 81 preparing thesr ticheis be.
Zero the ogfsesai stamp MAS ps8rea thervs
en-. and thai sess,h stamp NsS rsss 81
placed unsll ts9e water sataunea his
prepared halios 70 TIE 5gslsws Of etsc1len
Otherwise resay for gae troxs are they
further show that ne sstch hSssths az ~.
stsss. places as are Required hy law
were prepared for ss convcnlessoesa< sos
tFS They attesnrt 70 nsoot az sntScen.
tsrrt hy any ~ the electors themselves.
hus stop AZ showing the electors, had ov-
roggunjt,, 81 Dc wmasg ard ask the essarg
e. ipfcr tAAs these w0oag Practices AZ
she o'ec,taa efssceys 81 ta2nsea the vosa
% Fran9ilu as to wasFasst IT'S exslsassaa
fsosn the eoaus
etaa the ether hasH. ard ngsseapssiy -
tie same Witnesses. 4 Is Shows yast tire
eleesissa ofs5eevs vege IA close aaA wateh~
sss atseusaanee AZ tae Ys=lsx. ths ssalEas
AaS sn8 ts@9loss sesr4nS tae esa4lra egse~
si1ns tsAs every h.sikot wsS stamped te-
ssse It w@nt iAte the box agsg that na
ballots were ns@t l'y voters eSoeps tfase
rsessvVsi nam the s.ssiSes or taken neasr
theae daFsssstsas thar ire eesettea was
ssl3 IA Ha ossseFly ssauneg. thss IRE
votes ~vFe eaanset anE returned ~ sAe
Seaayy auditor az sxsauErea Is saw ana
that the Noses 50 seta~aes we're thoSe
es;eAiiy east AZ sasa eiceelou.
frseksss Veto 80 n. Counted.
- - sSt sssaS tAss ssefa Shows wife te
sfe sleessen a. trenAssn
..b9S ecsnsel Ter ssassssaass arse win