The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-17
CONTEND BOYLE WAS ELECTED
ANSWER IN THE OGDEN MAYOR
Atty CONTEST.
Intimation That Mr.. Drivers Ambi-
ton to Hold Office Is Responsible
for the Suit.
Special 10 The Herald

Ogden, Dec. 16.-The answer in the
Driver VS.. Boyle election contest case
has been prepared and is ready Tor fling.
Attorneys J. H Mcmillan, David Evans
and a. j. Weber agreed on the draft to-
DAY ana the answer was dictated to a
stenographer and partly Transcribed to-
night Inc answer rrSt enters a general
denial OF the material allegations OF the
complainant and further sets up many
voters whom the complaint allege voted
for Boyle, in fact voted for Driver; that a
number OF Boyle ballots were thrown out
Illegally and that numbers OF voters voted
out OF their respective precincts for
Driver, and that non-residents were per-
mitted to do likewise. Among the spe-
nc acts OF lrregular1ty which counted
against Boyle are alleged the following:
In the Eighteenth precinct one Miss
Louise ShlrtiIm voted tor Driver and con-
spicuously marked said ballot by writing
secrecy OF said ballot, and making it H.
legal; that said ballot was wrongfully
counted for Driver. John Josephs who is
said TO have voted Illegally for Boyle, is
said TO have voted for Driver. Mrs. Vilate
Virgins, in the Sixth precinct, who was
not registered, was allowed to vote foI
Driver. 1t is denied that Sam Howard
voted es1,, out OF his proper precinct. D. C.
McGll, who is charged in the complaint
to have voted illegally for Boyle, is SAD
to have voted for Driver.
James stark, in the Fifth, and w. B
Collier of Montana, in the Seventeenth
a y S1eNA sCQ Will ldflli6 NOl6Q Illegally
for Driver: and A. ]. Heath and Sarah
Heath, not citizens. are said TO have
voted for Driver.
The general charge is made that in q
number OF precincts as high as ten votes
were illegally cast and Illegally counted
for Driver, and that as many as six were
thrown out which should have beer
counted for Boyle. In other cases votes
which should have counted for Boyle
were not counted The individual cases
are not always cited, but the answer is
such that they can be cited in the trial
In regard to the point raised that il
the Fourteenth precinct, where the
judges failed to sign the tally sheet, the
claim is made that these returns were
canvassed by the, council and accepted
which action is final Mr.. Boyle is there
fore elected by over 100 ma ority.
In conclusion, the answer climates thai
MIR. Driver ambition for office is re
sponslble for his fancied wrongs, and thai
failing to get the Office for himself he i:
seeking for a method by which to thwar
the will OF the people. and in case of his
failure to secure Office himself to preven
the mayor-elect from taking his seat
Hence, he should be dismissed and re
CURED to pay his own costs.
The advisability of a, further answer i:
said to have been considered, an ansWel
that should assert Mr. Drivers disabil
ity to be elected mayor by reason of the
fact that he had offered a bride to tn,
people by promising to reduce taxes
per cent. However, this plea will not b.
set up unless the unexpected happens anC
the court considers Drivers complain
seriously.