The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-12-24
COURT DECLARES
DEAN ELECTED
Holds He Is Eligible to Take
Seat in Council
RESIGNS FROM RIO GRAHDE
CASE MAY BE TAKEN TO THE
STATE SUPREME COURT.

George ID. Dean win sit IN the next
city council as a mouiher from the Sec
ond precinct. An order declaring him
elected was yesterday morning entered
on the court records by Judge
Thomas u. Lewis in the fourth
division Of the district court. At
The same time he decided that Lor-
IN j. Wood was also elected. The or
der, as far as the district court is con-
cerned, dfsposes Of tho Dean Burbidge
election contest case, which was insu-
tuted by the successful oontestor some
weeks ago. An appeal may be taken to
the state supreme court.
Before causing the order to be en-
tered. Judge Lewis rendered verbal
decision on the demurrer of Burbidge
that Dean was ineligible to office be-
cause ne was, at the time OF election,
employed by a corporation which Op-
Grated in the city under franchise.
THE Judge called attention TO the fact
that a few days ago Mr.. Dean resigned
his position as machinist with the road,
ard is not now employed by corpora
ton operating under the franchise
granted by the city council. That being
the case. it was his opinion that Mr.
Dean Is perfectly eligible TO hold the
Office to which he was Legally elected
Dean Files an Affidavit.
When the case was called Attorneys
c. T.. and r. g.. LOofbourow submitted
an affidavit from Mr.. Dean to the eff
feet that he IS not now employed by
the Rio Grande Western Railroad COM
pany or any other corporation doing
business under a franchise. They OF
fered it in evidence in support OF their
contention that Mr. Dean is eligible to
hold office. Judge Lewis admitted the
andavit, and duly considered it in de-
Gliding the case.
Attorney Friclc took the stand that
st was beyond the jurisdiction Of the
court to take cUgnizance Of the con-
tents of the affidavit, but that it was
the duty of the court to decide that
the two men receiving the highest num-
Der of votes had been elected.
In answer to that Judge Lewis said
there was a decided question in his
own mind whether ne had any further
jurisdiction than TO declare at that time
that AIr. Dean had been elected. he
cited authorities to show that although
n candidate received the highest num-
Der of votes. there should not be the
least question as 10 his eligibility.
Court Declares Dean Elected.
The judge then went on to state that
he did not see why q candidate Tor OF
flee. although int the employ of cor
poration operating under a franchise,
might not be eligible TO Office provided
re resigned his position before he took
the oath of office. He said there was a
possibility OF such a candidate being
under obligations to the corporation
after his induction INFO Office, but that
was a question which he was not, un-
Ger the existing circumstances, called
uuon to decide In the face Of Mr..
Deans resignation as an empl0ye OF
the Rio Grande Western Railroad COM
pany. he considered him eligible to Of
flee. and then declared him and Wood
duly elected.
Then came the question as to who
should pay the costs Of the suit II
was rather a perpleXing one. and the
Judge said he would take il under adj
v;sarnent until the clerk OF the court
could submit TO him an itemized state
ment as to the costs.