The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-11
Republican Attempt to Capture the
MayOralfy.
PAPERS ALL DRAWN UP
GROUNDS OF THE CONTEST
FULLY SET FORTH.
Alleged That Driver Ballots Were
Wrongfully Rejected By Judges
and Illegal Ballots Were Accepted
Claimed That Fourteenth Dis
trict Should Be Thrown Out.

The long-expected, much-talked-of
election contest is expected to material
ize. at least four attorneys have Ia
bored on it and have prepared a docu-
ment to file in the district court today,
which a few people hope viii seat Dri-
yer in place of Boyle in the mayors
chair next year. From talk with wit
nesses and others interested in the
case. The Herald can say about what
lines the attorneys will wage the con-
test on.
The complaint to be filed today, it is
said, viii be entitled William Driver,
contestant, VS.. John a. BOYLE, con-
testee, and will admit that the city
council, as a canvassing board, has
duly declared Boyle elected. The first
few allegations viii, of course deal
with setting forth the well known facts
about the election. Boyle being the
Democrat and Populist nominee, and
Driver the Republican. The complaint
was drawn TO be sworn to by William
Driver, and among the allegations are
these:
That the judges of election in the
First election district rejected two le
gal votes that were cast for Driver;
that they returned only 30 votes as
voting for said Driver, when in truth
and in fact they should have entered
or the tally sheet 81 votes.
That the election judges in the Sixth
district rejected 10 votes which were
cast and polled for Driver. and placed
on the tally sheet as voting for him
only 67 votes. when they should have
returned as voting for him So votes.
1t is to be claimed that one or two
Illegal votes were cast for Boyle in the
Eighteenth district; that there were
similar Irregularities in the Seven
teenth and in the Twenty-first. and
that one or two ballots for Driver were
not counted for him in the Thirteenth
and in the Twenty third districts. 1t
will be charged that John Josephs
voted in the Seventh district, though
he was a nonresident; that D. c. Nc
Gill did likewise in the Twenty-third
district, being resident of some other
district. Charles r. Hood, it will be
claimed, did likewise in the Sixth, but
that he was not a resident OF Ogden.
Moses Dumas and Samuel Howard, it
is to be claimed, voted illegally in the
Sixth. All these votes, it will be
claimed, were for Boyle.
COUNCILS MISCONDUCT.
The city council, sitting as a can
vassing board, are to be charged with
errors and misconduct sufficient to set
at naught the will of the majority.
Among the alleged errors it will be
charged:
That in canvassing the returns and
in declaring the result the board of
canvassers canvassed what purpOrted
to be the returns from the Fourteenth
election district, when in truth no tally
lists were. returned from said election
district by the judges, signed or certi-
fed by any judges in the manner re-
quired by law, or in any manner at ali.
The board declared that Driver had
received 81 votes in this district and
Boyle mad received III; that if the tally
sheet had been rejected by the board
of canVaSSerS, as it should have been,
it would have changed the Tesult
The canVassing board declared that
Driver received 4 total of 2.2i9 votes,
when it should have declared that he had
received total number of votes OF > 1S6.
and that said Boyle had received a total
number of votes of 2.267, when it should
have declared that he received a total
number of votes of PISS, and it declared
that Boyle vas elected to the Office of
mayor by a majority of Is votes, when it
should have declared that Driver was
elected tc the Office of mayor of said city
by a majority of 80 votes.
On account of these things and several
clare BOYLE elected. Among several at
torneys who have worked on the COM
plant are James N Kimball, John d.
Murphy j. e. Bagley and l.. r. Rogers
Tomorrow is the last day allowed by law
for filing the suit.