Arizona republican., 1904-11-23
COOK WALKER CASE
The MandamuS Matter Was
 Submitted Yesterday
Judge Kent Will Announce on Satur- day Morning His Decision as to the PrOpriety Of the Proceeding.

The case of Sheriff Cook against the board of supervisors to prevent the is stance of a certificate of election to J. E. Walker on the count made by the board on Monday came before Judge>Kent yesterday afternoon. Judge Kbbey and w. P. Richardson were present for the applicant, and Judge Baker for the respondent and Street & Alexander for MT. Walker
 Judge Baker GIed demurrer and an answer but he said he would prefer that the demurrer should not be con sidered at this time and he would make TO argument on it. The court sug- gested that in order that the record might be kept straight, it should ap- pear that the demurrer had been over ruled
 There was still some doubt as to tse procedure under the case. It was contended on the part of the respond ent that there was no issue of fact disclosed in the complaint or the an swer. Everything complained of had been admitted concerning the proceed ings of the board in the canvassing or the returns of the fourth ward poll Ing place. Fhe court was inclined to the same view and said that the matter Before the court seemed to be to de- teInine whether the board was sit- ting as ministerial body or whether 1t was a discretionary body. In xhe alter case he did not think that a naandaEnus proceeding would be the proper one.
 Judge kibbey made a statement of the case of the applicant. He said that there was a, discrepancy in the returns eanNassed by the board. The taHies O fa1 r-g,-
 ker had received 2O6 votes in the fourth ward while the certificate Of the election board showed that he bsd received only 2O1. It also appeared in th-ee places on the tally sheet that oliy 2o1 votes had been cast for Wal hef. Judge Kibbey said he would not say now the other five talIies had. come on the list canVassed by the board buf
 they were there and did not agree with the lootInss and the figures Which had | been presumably made by the election
 hoard with a sra5t deal Of care. q,7An
 the judge for the first time in the pro
 ceeQIngs called attention to a duDli-
 cate sheet in the hands Of the inspector ol the fourth ward voting place. c. w. 9tokoe- This list was believed to be an exact duplicate Of the one can
 F-1Ssec by the board of supervisors. | cate of it when the count at the n9IIs had been finished. The fnsDecfor,s sheet contained the same figures as tle other and in 1t the taIlies agreed with the figures
 Judge Kibbey having finished his
 s-1oa-nent was allowed to introduce evidence though the court said that if was not in his power at this time to go back of the returns. The first wit ness was Neri osborn. clerk of the
 board of supervisors MT. Oshorn ! ldeEtIhed various documents 0vii~, had been returned to the office of the hoard by the election board. One question met 70 vigorous objection by Judqa Baker. The witness was asked in
 what condition the envelope contain ing the tally sheet, and the DoII Hs+s had come to him, whether it was seal ed or not Judge Baker said the oues-
 Ilon was immateriaI. but the court de- clded that it might be answered. ATr
 CSborn was not sure about the condi-
 ton of the envelope. It might have had a string around it and the string Hllshl nave been sealed.
 The next witness was MT. Stolxoa