The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-12-31
v. MONT FERRY
. WINS THE FIGHT
Beats Councilman Hartenstein by
Small Margin of Two Votes in
the Fourth.
TUDDENHAM PULLS THRO'
CONTEST is DECIDED WHOLLY
ON TECHNlCALlTlEs.
TUDDENHAM PULLS THRO'

Councilman E. A. Hartenstein of the
Fourth municipal ward failed of re-
election to the council by a margin of
two votes, according to the decision of
Judge M. L. Richie in the election con-
test cases yesterday. The count as de-
clared by Judge Richie gives Mr..
Hartenstein 1913 votes against 1920 for
w. Mont Ferry. the American party
candidate.
The decision in the case of Perry j.
Arson, the American party candidate
Tor short term councilman from the
Fourth, was decided IN favor of Coun-
Gilman w. j. Tuddenham, who, the
court he'd, received thirteen votes more
than Mr.. AnsOn. the figures in this in
stance be, g 1883 for Mr.. Tuddenham
and 1926 for Mr.. Arson
VIII Probably Be Appealed.
An appeal will probably be taken on
behalf of Mr.. Hartenstein. Judge
William H. King, of counsel for
Messrs. Hartenstein and Tuddenham
noted an exception TO the count, so that
the right of appeal is preserved. The
case of Arson and Tuddenham will not
be carried further. s. P Armstrong
of counsel for Messrs. Ferry and Arson
announced this in court when he ex-
planned that he conceded the election
of Mr.. Tuddenham. Mr.. Tuddenham
has lead of thirteen votes in the
count, and as Mr.. Arson alleged that
only nine persons voted illegally, it
would be impossible to make up the
difference, even if all the charges of
illegality were sustained by the court.
Ferry Wins on a Minority.
Mr.. Hartenstein, when Informed of
the result, said:
1t appears that 1 got more votes,
but that Mr. Ferry has won on techni-
calities If he is willing to accept of
fee under those conditions, he is well
come to the place. My further action
in the matter rests entirely with the
Democratic party. If the party wishes
me TO fight the case through the SUI
Dreme court I will undertake it. Other
wise I shall let it stand as it is
have no complaint to make. l under
stand the court was absolutely fair TO
both sides in the case and that is all
anyone could ask"
Mr.. Hartensteins statement that he
got more votes is supported by the
facts in the case. The ballots proved
clearly that wrong marking by Demo-
Gratis resulted in the defeat of the
Democratic candidate. OF seventeen
votes counted by the election judges,
but rejected by the court, fourteen were
lost by Mr.. Hartenstein and only three
by Mr.. Ferry. The intent of the voters
in these cases was reasonably clear,
but the ballots were declared by Judge
Richie to be Illegal by reason of i'm
proper markings.
Some of the voters. not content with
putting the cross after the candidates
of their choice, drew lines through the
names of all other candidates on the
ballot, others spilled ink over their
ballots, etc, so that several votes were
lost in this way. One straight Ameri-
can ballot in District ~ bore the name
Elizabeth Tuckfield'' written in ink
beneath the American party emblem.
The writing of this name cost Messrs.
Ferry and Arson and other candidates
on the American ticket one vote each,
as the ballot was ruled out by the
court.
The result of the court count, con-
/ trasted with the result of the count by
the election judges is as follows: