El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-04-21
THE ELECTION CONTEST.
An Injunction Has Been Served on the
City Council.

Joseph Magoffin ct al went before
Judge Buckler yesterday evening and
sued out writ of INJUNCTION r1stra n
ing the mayor and city council from
opening the ballot boxes AMI settling
| the co tested election cases without
first going before the district court a d
showing why the injunction should not
be made final. The injunction is as
| follows:
The state of Texas, to Robert F.
| Campbell, mayor of the city of Ell
Paso. T-Xas. and James Clifford, job q
O'Keeffe. J. F. Kachler, J. Il. Whit
more, Frank Del Buouo, j. J. St-wart,
w. NJ. Coldwe1 and E. G. Roberts,
who compose the city council of the
city of Ell PaSo, Texas:
Whereas, Joseph Magoffin, John b.
w. Burton, John Brunner and A. M.
Robinson, filed their petition in the
district court of Ell PasO county. Texas,
on the 2Oth day of April, 1897, in suit
numbered 2670 on the docket of said
court. wherein said Joseph Magoffin,
John B. w. Burton, John Drummer
and A. M. Robinson, are plaintiffs and
relators and all of the parties above
named are defendants, alleging that
the said defendants, who compose the
city council of the city of FL Paso,
Texas, have heretofore wronefully and
unlawf fully refused to open the returns
Of an election hid in said city OF Ei
Paso on the 18th day of April, 1897,
and have refused to canvass the returns
of sad election and declare the result
of the same and now wrOugfully and
uulawfully refuse to open said returns
and declare the result of said election,
and.
Whereas, said petition has been duly
pr. sented to the Hon. G.. N. Buckler,
Judge of the 34bh judicial district of
tne state of Texas and has been dul ~
con nsidered by him. In obedience to
the o~der and fiat of the said Judge of
the d strict court of Ell Paso county,
Texas, Judge of the 34th Judicial dis
trict of Texas, you are hereby COM |
mauded to open the returns OF the |
eiectiOn hereinbe fore mentioned and |
canvass the same and declare the result |
of said election, or to appear before |
the district court of El Paso county, !
at O'Clock M, and show |
cause why you should not or have not !
lone so.
And you are further notified to ap-
pear at said time and place and show |
cause why writ of il junction should not !
ssue restraining you from opening the |
D .llot boxes in which the ballots cast |
It said election are now preserved or !
from in any manner handling the bal !
Given under my official signature
aud seal, at Ell Paso, Texas, tn S Goth
lay of April, 1897.
J. A. ESCAJEDA,
Clerk District Court, Ell Paso County,
Texas.
The attorneys for the contestants are
their papers and the au-
hority on the subject and will appear
ia the district court tomorrow morning
and argue their side of the question.
If toev show good reasons the injunc-
5iOn will be desc we'd and the ci Y cOun
Ill wi then proceed to settle tie con-
lest, the same as it is always settled in
legislative bOdie SIS ate or national.
Many good democrats are wondering
the 'machiue" is fighting the
opening of those ballot boxes so hard,
lad the republicans have gained
strength in the city by the stroag
j ight that is being made against the
developments of facts about the cleo
ion. The republicans do not care who
5 elected, and if the majority Of legal
Ia lots cast show tDat Judge Magotfin
$ elected then no other obstacle will
De put in the way of his taking the