Daily capital journal. (Salem, Or.) 1896-1899, 1898-08-30
BOISE WAS ELECTED.
Judge Burnett Places His Decision On
File.

File.
Judge Bnrnett OF Department No
], Of ciruuit court for Marion county
has filed his, decree IN the darcy
Boise election contest case for tn,
circuit judgeship of the third judicia
district, finding for Judge Boise, tn,
present incumbent. Following arr
findings OF fact aud concl usions O
law, as handed down by Judge Bur.
nett, and the decree giving the Judge
ship to judge Boise:
This cause came on for hearing
before the undersigned judge of the
above named circuit court at cham.
bers In Salem, Marion county, Oregon
on July l3, 1898, and the hearing
thereof was continued from day tC
day 10 pursuance Of various adjourn
ments until August "a. 1898, when II
was finally argued and submitted
plafntiff and petitioner appearing in
his own and pToTer person, as well as
John A. Carson, his attorney, and the
defendant and respondent appea ling
In his own proper person, as well as
by w. ii. Holmes, his attorney.
1.-THE said judge reserved his de-
cisiOn, and, now being fully advised,
finds the following facts:
"FiIst-In accordance with the ad-
mission OF the plaintiff and petitioner
said judge finds as facts that at the
general election held on June 6. 1898,
In the various counties composing the
third judicial district of the state nf
Oregon the plaintiff and petitioner
received In Marion county $500 votes
for the Office of circuit judge of said
judicial district, and the defendant
and respondent received in Marion
county 1888 votes for the Office OF
circuit judge OF said judicial district.
"Second-No competent evidence
having been offered on behalf of the
plaintiff and petitioner to support
! his allegations In contradiction Of The
official returns Of said election In
Linn county, said judge. in accord
ance with said official returns, as the
same are alleged in plaintiff and Pc
titioner's notice of contest of election
filed herein finds as fact that, at
said election, the plaintiff and peti.
tiOner received in Linn county 1859
votes for the Office of circuit Judge
OF the third judicial dis.
trlct OF the state OF Oregon, and the
defendant aud respondent received in
Linn county l,739 votes for the office
of circuit judge of said judicial dis.
trict.
"Thlrd-At said election the plain.
tiff and petitioner received 10 YAM
hill county l,243 votes for the office
of circuit judge of the third judicial
district Of fine state of Oregon, and
the defendant and respondent re-
ceived 1929 votes for the Office of
circuit judge Of said judicial dis
tricU.
Fourth - No competent evidence
having been offered on behalf OF the
plaintiff and petitioner to support his
allegations in contradiction Of tie
official returns OF said election in
Tlllamook county, said judge, in ac-
cordance with said official returns as
the same are alleged in the plaintiff
and petitioners notice Of contest of
election iled herein, finds as a fact
that, at said election, the plaintiff
and petitioner received in said Tlla-
NOOK county 269 votes for the Office of
circuit judge of the third judicial dis
trlct OF the state Of Oregon, and the
defendant and respondent received in
said TillamOok county 307 votes for
the tofllce Of circuit judge OF said !
judicial district.
"Fifth-In the five counties Of !
Linn, Marion, Polk, Yamhill and Til
lamook, which compose the taird
judicial district of the state Of Ore
gon, the plaintiff and the petitioner
received at said election 5000 votes
for the Office of circuit Judge of said
judicial district, and the defendant
and respondent received $3.50 votes
for the otlice OF circuit Judge of said
judicial district.
GAS conclusions of law said Judge
Iinds:
"FirSt-rhat at said election the
plaintiff and petitioner was not
elected to the Office of circuit Judge
1f the third judicial district of the
state of Oregon, and is not entitled to
lold said otli;e.
"Second-That at said election the
defendant and respondent was elected
% the Office OF circuit judge OF the
,hird judicial district OF the state of
oregon, and is entitled to hold said
,flice for the term of six years from
md after the first Monday in Jnly,
s9S.
"Third--That the cause should be
dismissed without either party recov
ring costs or disbursements from the
ther.
Following is the decree in the case: 3
BIASED upon and in pursuance OF
he foregoing findings of fact and l
onclusions OF law. il is ordered and
djudged that II, p. Boise, the de-
endant and respondent above named,
e and is hereby declared to be a duly d
lected judge Of the tnird judicial !
istrict of the state CT Oregon, for the s
ern of six years from and after the
rSt Monday in July, 1898.