The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-03-18
MORSE DECIDES
FOR HOWELL
Rules Against Contestant on All
Points in Issue.
HAMER TO APPEAL AT ONCE
c. c. RICHARDS MAKES RESUME
OF THE CASE.
Especial to The HeraldJ

N-AA-A4-Ns tAcLA- IL utLl-E A-ll4NINe
u W Morse today rendered his
decision in the Second ju
dicial district judgeship contest case
ruling in favor of Judge Howell on aIi
the points in issue. and deCIa ring tina
his certificate of election was valid. IND
decree was signed and a motion for l
new trial made and Overruled. the pro
CeedinEs being expedited So that thd
appeal which the contestant. Daniel
Hamer viii make may be taken at OnCel
TO the supreme court
The decision Of Judge Morse was ver5i
brief and he reviewed none Of the evi
dence, merely stating that il was nod
OF the clear and convincing charactei
that he thought should be required id
d proceeding of this character. In thd
court room at the time the decision wa l
rendered were the father and mOtheI
of the COnteStee. and the young judEd
kissed his mother as soon as the wOrdj
from the judge on the bench had beer
pronounced which indicated that thu
decision was against the contestant
Judge HOweN'S friends are jubilant
over the outcome and point to the rel
suit as q personal triumph for him. in
asmUch as he introduced not a line al
testimony in refutatiOn Of any of thd
charges made in the complaint. Th7
contestants attorneys are Conddenl
that the case viii be reversed in thi
supreme court. and say that the record
is in admirable shape for their appeal 4
and that the court can pass on the isl
sues without remandinE the case for
new trial. in case, as they confidently
expect, the decision is oVerruIed- Tht
decision Of Judge Morse is as fOlIoWs-
Now. I do not intend to enter upoT
an analysis of this evidence, nor "A
give the reasons why some is not giveI
as great weight as others are; it would
serve no useful purpose for me TO ID
that, but 1 will merely say that thii
evidence is not, in the judgment Of thu
court, of that clear and cOny1nctn
character which would justify the findI
ing of the truth of these allegations
and the judgment Of the court viii 81
that the allegations are not sustaine
by the proof. and findings may be madI
accordingly"
The judge then referred to the vote!
which, according to some of the testi
mony in the case had been purchased.
and stated that there were not a suffIi
cient number Of them to affect the re
suit, and he considered it immaterial a
make findings on the numerous quesI
tons raised by them. G 9. Richards
attorney for the contestant, made TIL
following statement in resume or til
case:
Appeal to Supreme Court.
I'VE shall appeal the case, Immediate
Undisputed evidence and the law. Thl
charges that Judge Howell offered to al
point Samuel A Dye of Riverdale. assis
ant court reporter. and that ne WOul
pI OCUre j. d. Skeens appointment as MI
nicipal judge 60 succeed himself If cleo
ed. in case Dye and Skeen would sun
port him and endeavor to get their friend
10 do the same We're proved by the cleal
est evidence. and never denied, either III
Judge Howell or by anyone else The ev
dcnCe as to HOWelIs promise to appOirI
HraH- -
strong. was cOntTadicted. in way, 81
Burdick-
our statute (section 500 Of the revised
statutes of 1888. provides as follows
shall be unlawful for any person, direct
or indirectly, by himself or through AM
other person To give, offer, Il
promise any office. place or employment
OF to promise or procure, or endeavOr 4
procure any office. place. or employment
u or for any voter, or to or for ar
other person, in order TO induce sucI
voter to vote or refrain from voting i
any election provided by law. or to id
duCe any voter to vote OF refrain froI
voting at such election for any partic--4a
person or persons
Section 914 provides that: The elec
ton of any person to any public officd
may be Contesteo-
When the incumbent (the person declared
elected has given or offered to any eletI
tor or any judge or canvasSer of the eleCI
ton, any bride or reward in money, prod
Crty, or anything Of value. for the puri
committed any other offense against thl
elective franchise defined by law
What Constitutes Bribery.
we cited "A number OF cases. under Jus
such statutes as our own. wherein I'll
courts have uniformly held that the offe
OF promise 10 appoint n person 10 publ
office. or employment of any kind, u
secure the support, service or vote of IN
eIectOr or his friends, for a candidate
is bribery and d violation Of the law, an
uDOn proof of that fact being made
lust such a case We have been Irylnet
the candidate was made the promise
elected, would not be permitted 20 retail
the office The attorneys of Judge How Il
ell We're not able TO and did not cite eve
one case To the contrary The law Is nd
denied either by Judge HowelPs attorney
or by the court The decision made II
Judge Morse is that our evidence OF III
promises to Mr.. DYE. Mt Skeen and III Il
Burdick is not of that clear and COZ
vincinS character which would iUstif
the finding of the truth Of these allega
tons 80
Judge Powers asserted. in his arEI
ment to the court yesterday, and I heal
lilly concur with him in the statener
made, that men have been convicted and
hung, i'm this state. upon evidence nu
nearly 50 clear ans convincing as "
have produced in this case. In fact mel
are convicted and hung upon circuustauI
tial evidence. alone. in spite of their OW
sv Orn denials of their guilt. while recon
urOn CirCumstantial evidence. which al
in this case) he never took the stand II
deny.
The testimony given will speak for
self.
The Promise to Dye.
Samuel G. Dye testified that on Saturs
day. the 18th of October, 1904. at Reput
Hcau headquarters in this city. JudgF
Howell said to him that he wanted
81 tak to him relative to the feelings tina
existed throughout the county because tn
Republican county convention had no
given the southern and southwestern Dor
ton of the county representation upcA
the county ticket. and that he though
DYE could be the means of securing
number of votes for him Mr. Dive III
Their testified ''HA said on that occS
sion that If I would do what I could 70.
him. or words to that effect, If I wou
work for his election, that he woul
promise TO give me a position as assls
ant stenographer Of his court
near as I can remember he said I nigh
be the means of bringing him votes b
me telling my friends that ] could trIs
and he telling his frOends that he cOul
trust Of the understanding between Us
If I decided to accept I was
let him know at his office the followin