Arizona republican., 1898-12-15

In the District Court or the Third Ju-
 dfcial District of the Territory Of
 Arizona, in and for the County of
 Maricopa.
 JAAE1S l.. BARK, Contestant,
 VS
 D. L. MURRAY, Respondent.
 Whereas, Edwin s. Gill, clerk of the district court of the Third judicial dis tr.ct of the territory of Arizona, in and fer the county of Maricopa, has in- formed me, Webster Street, judge of sad court, that James E Bark, an eiectCr Of the county of Maricopa, Ter ritory of Arizona, on the Sth day Of December, A. D., 1898. had filed in the office Of the clerk of said court a state s.1nt verified by him against one D. l.. Murray con.est.ng the election of said D L. Murray to the office of sheriff, in and for said county of Maricopa. held within the said county of -,-aricopa on the Sth day of November, A. D., 1898: i wherein the judges and inspectors of ] said election did commit and have rn alcOnduct in that .hey failed and refused to count The full number of votes that were legally deposited by ] tho qualified voters of said county sof Maricopa, at said election, for him the 1 sJ6 h.. sheriff of said county, and did count votes for said D. L. Murray for sher- if of said county, which were illegal and which were not in fact, cast for said D. l.. Murray at said election; and that, if said votes cast for him the said James E. Bark, as aforesaid, had been counted for him, the said James E. Bark, and said votes had not been illegally counted for the said D. L. Murray; that he the said James B. Bark would have been declared elected to iuhe office of sheriff of said Maricopa county. but that because of said nal conduct the said D. L. Murray had been declared elected to the office of sheriff of Maricopa county; and wherein, praying that a recount be had of the votes cast for sheriff of said Marieopa county at said election; and that upon such recount, a certificate of election be issued to him the said James E. Bark
 WHEREFORE, by reason of the facts and by virtue of the statute in such case made and provided, I hereby order a special term of court of the Third judicial district of the territory Of Arizona, in and for the county of Maricopa, to be held at the court house Of said Maricopa county on the 21st day of December, A. D., 1898, at the hour of 9:30 o'clock a. m. of said day to hear such contest; and that notice thereof be published in the daily issue of The Arizona Republican, a news paper published in the city of Phoenix, in said Maricopa county, Arizona, from the date of this order until the day of said special term of court as often as such paper be issued.
 And that the clerk of said court is sue a citation to the said D. l.. Murray to appear at said time and place speci- fed in said notice and answer such con- test.
 Dated this 9th day of December. A. D., 1898. WEBSTER STREET, Chief Justice of Arizona and Judge Of
 the Third Judicial District of the
 Territory of Arizona, in and for the
 County of Maricopa.
 To D. l.. Murray and to All Whom It
 May Concern:
 Notice is hereby given that a specia, term of court will be held at the court house of Maricopa county, Arizona ter ritCry, in the city of Phoenix, OF Wednesday, the Fist day of December, A. D, 1888, at 930 o'clock a h. to try the election contest of James F Bark fer the office of sheriff Of Mari cCpa county, Arizona territory, in compliance with the above order of the Honorable Webster Street, judge of said court.
 And I hereby certify the above to be a true and correct copy of such order now on fife in my office.
 W-,ness my hand and seal this 9th day of December. A. D., 1898
 Cseall EDWIN s. GILL, Clerk of the District Court of he Third
 Judicial District of the Territory of
 Arizona, in and for the County of
 MaricOpa.
 First published in The Arizona Re publican Saturday, December 10, 1898.