Daily capital journal. (Salem, Or.) 1896-1899, 1898-06-27

vs. ~. L. DOlSSj ueleuuduJ duU Te
spOndent.
NOTICE OF CONTEST OF ELECTION.
To Il. p. Boise, the defendant and re
spondent above named:
First--That both the said plain
tiff and defendant were candidate TO
election for the flee of Circuit Judge
Df the Third judicial District, ant
each OF them, we're nominated by tn,
political parties commonly known a
liver Republican, Peoples party anC
Democrats.
SecOnd-That the said Third Judi
jial District consists Of the countie
Il Marion, Linn, Polk, Tillamook anC
Yamhill 10 said state of Oregon.
Notice is hereby given you that P
H.D'Arcy, the plaintiff and petitlone
ibove named, intends to and does
hereby contest your pretended elec
lion to the Office of circuit judge FOL
he Third Judicial District of the
tate OF Oregon, and such contest will
Ie heard before the Circuit court
# the state of Oregon, for Marion
ounty, Department No, 1, and the
honorable Geo. Ii. Burnett, ,one of the
Judges of said court at the circuit
;ourt room in the county court house
the city OF Salem, in Marion
Ounty, Oregon, upon the 11th day oI
uly, 1898, at the hour of 10 O'Clock ia
he forenoon Of said day, and the
auses of such contest made by the
aid P. II. DARCY, plaintiff anC
petitioner are as follows, to-wit:
Third-That at said election said
plaintiff received 2617 votes ia Marion
county, Or, but the returns made by
The canvassing board has enormously
reported to the secretary of state that
The said plaintiff and petitioner, p. Ii
darcy has received 25l9 votes in saiC
county and no more; and the sale
plaintiff alleges that upon recount
Of the ballots duly cast at said elec
tion In the said county he received
26l7 votes and ought therefore to have
all of the same counted in his favor.
Fourth-That at said election the
said r, =. Boise, received 23l5 vote:
and nc more, but notwithstanding
this the said canvassing board err
roneously certified to the secretary
that the defendant received 233;
votes.
Fifth-That the said canvassine
board for the said county of Marion
has orroDeOuSly certified to the
secretary of state that the said plain
tiff had at said election received only
1856 votes more than the defendant
whereas, in truth and in facU the
said plaintiff and petitioner had
received 302 votes more than the said
defendant.
Sixth That at the said election
the said plaintiff and petitioner, p.
Ii. darcy, received 1889 votes in Linn
county, Oregon, but the returns made
by the canvassing board for the
said county Of Linn has enormously
reported to the secretary that plain
tiff, has received 1899 votes in said
county and no more; and said plain
tiff alleges that upon a recount of
the ballots duly cast at said election
in said county he received 1889 votes
and ought therefore to have all of
the same counted in his favor, and
said r. p. Boise received 1889 votes at
said election but said canvasSing
board enormously certified that he
received 1889 votes.
venth-That the said canyassing
board for the county of Linn has er-
roneneously certified to the secretary
that said defendant had at said elec.
tion received l40 votes fmOre than
plaintiff, whereas in truth and in
fact the plaintiff received $50 more
votes than the defendant.
Eighth-That at DISQUALIFICATION
the said plaintiff, p. ii. DARCY, re.
ceived 1884 votes IN Yamhill county,
but the returhs made by the canvass
Ing board for said county has errone.
ously reported to the secretary that
the said plaintiff has received l247
votes in said county and the said
plaintiff alleges that upon a recount
OF the ballots duly cast In said county
he received 1884 votes.
Ninth-The canvassing board of
said county enormously certified to
the secretary that the said defendant
had received 81 more votes in said
county than the plaintiff whereas, the
defendant had received only 45 votes
more than the plaintiff in said
county.
Tenth-In TillamoOk county the
canYassing board certified to the Sec
retary that defendant had received 307
votes and that plaintiff had received
269 votes; whereas plaintiff received
80 votes.
EleYenth-That board for said
county enormously certified to the
secretary that defendent received IS
votes more than plaintlff; whereas
plaintiff received 3 more than defend
ent.
Twelfth-That since" said election
the county court house of Polk
county, Oregon, has been destroyed
by fire, and at the time all the bal
lots cast In said county were contains
ed therein and totally consumed and