The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-12-08
G. H. BURBlDGE
FILES ANSWER
Says Dean is Not Qualified to Act
as Councilman.
IS EMPLOYE OF RIO eRAaOE
DEMURRER ASKS THAT WOOD
BE MADE A DEFENDANT.

The answer and demurrer Of George
+. Burbidgc TO the election contest be-
gun against him some days ago by
George ID. Dean, were yesterday fled
with the clerk of the district court In
the demurrer Burbidge asks that Lorin
j. Wood be made a party defendant.
That he may be called upon 10 defend
his rights should the recount of the
votes i'm certain districts i'm the Second
precinct show that ne did not receive
as large q plurality as did Burbidge
and Dean. IN that event Wood would
pe Illegally holding a certificate Of cleo
ticn.
In his answer Burbidge denies that
Dean is now or at any time possessed
OF all OF any Of the qualifications pre-
scrlbed by the state constitution or
laws Of Utah essential to his holding a
seat in the city council, and cites as a
further reason that Dean s. employed
by the Rio Grande Western Railway
company. The remainder Of the answer
is denial Of the fact that Dean is
rightfully entitled TO some of the votes
credited TO him from the several dis
puteo districts, and setting forth that
Burbidge was not credited with as
many votes as ne should have been.
Says Court has No Jurisdiction.
Burbidge says that i'm the Thirteenth
district he is credited with III votes.
when he should have received $50. In
The Fourteenth he denies that he only
received 306, as alleged by Dean, that
he did receive 315, but is only credited
with &Gl In the Fifteenth Burbidge
says he should have been credited with
eiEhty-siX instead of eighty-two.
In the Sixteenth district Rurbidge
says the tally sheet should have shown
l55 votes for him. whereas he is cred
tied with only AZ. He denies that
Dean received 239 votes. alleging his
vote was but 230 In the Seventeenth
Burbidge only received ffty-five votes.
lpstead Of hfty-eight, as credited to
him.
In the Nineteenth district Burbfdge
claims 115 instead of 107 votes. and de-
MES that Dean received 1A3. placing the
number at 49,. In the Twentieth dis
trict Burbidge claims 40 votes. instead
or 1l9. and declares Dean did not get
$50, only receiving 40
IN the Twenty-first district Burbidge
denies Dean received 1877 votes. saving
the number should be 100. In his OWE
behalf he says he should have been
credited with 105 instead of ninety-sev-
en- votes. In the Twenty second Bur
bidge asks for 100 instead Of 1913 votes,
and says Dean Is only entitled to POO
instead of 209.
Many Mistakes Are Alleged.
A mistake Of seven votes is alleged
I'm the Twenty third district. Burbidge
claiming 10 instead of 103, and says
Dean should have only 157 instead Of
l64 votes. IN the Twenty dis
trict Burbidge claims eighty-siX in
stead of seVeuty-hve votes. and holds
that Dean should have credited TO him
only 102 votes, and not 109
In the TWenty-ffth and Twenty-six
districts BurbidSe holds that votes to
which ne was entitled were not counted
for him. and that votes Dean should
not be credited with were counted for
him.
In his demurrer Burbidge says the
district court has no jurisdiction of
the subject matter Of this action. for 1t
appears upon the face OF contestants
statement and complaint herein that
the subject matter in said controversy
is not before the court and cannot be
before the court unless Lorin j. Wood
is made a party hereto
The second ground for the demurrer
is based upon the fact that Wood ZAP
pears to have received 2.230 votes o
and lt. appears that said Wood and
Burbidge have been declared elected,
upon which allegations It becomes nee
essary TO have said Wood before this
cOur- TO adjudicate his rights in case
an actual count of the ballots shows
that both Dean and Burbidge received
more than 2,230 votes" In conclusion
the demurrer says:
That said complaint is unintelHgi-
Bile i'm that it does not indicate what
disposition lis TO be made or can be
made of Wood and his election certif1-
cate and adjudication of election by
said Canvassers in case the actual
count Of votes shows both Dean and
Burbidge TO be ahead of Wood"