Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-02-04
!, rs,test Case Of Daniel Hamer
Us Judge J, Albert
Howell.
IvELYLEGAL BATTLE EXPECTED
,,,,d At Education Investigating Haz'
I,g Outrage Remains Of David
Kay Arrive.

Alan nah. Feb. l.-The case OF
,.,,l uamer against Judge J,A' HOW
n "a opst the latter from the bench
!, ~. Second district court for alleged
,,,,o, frauds, is to come up here be-
4, Indigo Morse on Monday The at
,,,rsys for both parties are busily
y,,arlng for the hearing. In accord
n, with the statute the attorneys
n me plaintiff yesterday filed a list OF
,,,z who, It Is alleged, voted Illegal
-,
n NAV be several days before the
.,,ps OF tho case VIII be gone into,
=, many technical questions will have
a IA decided. The attorneys for the
.,hndsnt will most probably endeav-
|, 10 have the proceedings quashed on
Ne ground that Judge Rolapp erred In
h,sIpg any order at all In the case
therein he was an interested party.
he Judge II will be remembered, as
hon as the case WAS brought before
NM, ordered that the defendant be
tyen twenty days to answer. He then
Invited Judge Morse to consider further
Proceedings In the case. The theory
h some Of the attorneys Is that the
aigs should have made no order what
iytT IN the case.
Attorneys for the plaintiff claim that
Judge Roapp had a perfect right to
make such an order, as II did not go
b the merits OF the case and was mere
by periunctory action
Yesterdays filing is addressed 10 the
ieisn1ant ]. A. Howell and his attor-
ityt and Is substantially az follows:
In conformity with the provision Of
Atton slS Of the Revised Statutes OF
Ulah 1895 you are hereby furnished
Win written list Of the number Of
LEGAL votes (to-wit l3) and the persons
,y whom they were given or offered, be-
'g votes referred TO by said contestant
D he complaint on file herein, and the
reception Of which Illegal votes IN favor
y he said contestee 10 said contestant
iIpecis and Intends to prove upon the
va Of this cause, to-wlt.
: G. Burdlck, Mrs. y. G. Burdick,
YIN D. Hooper Fred j, Dalton. Mrs. +.
patton, George W. MOyes, John Done
lson, Mrs John Done Olson, Oliver
ln'od Alfred Penrod, Mrs. Alfred
fthTod Joseph Habertson, Mrs. Joseph
haMr'son, Mrs. G, W. HUH, Alma
rslsfson, Bernard Denkers, James
thompson, william Bailey, Mrs. Will
an Bailey Joseph Southwlck. Mrs.
Mepn southwlck, James Southwick,
W. James southwlck, Mrs. John Burt,
W X Gibson c. W. Rankin, Mrs. G..
" Rankin, p. D, Mcneil, Daniel Lind
ny Joseph T. Plyer, James L. Porter,
ps1e Hampton Frank Farley, d. Il.
istley Fred Mortensen, Mrs. Fred
,,ollensen, joseph ID. Burnett, Mrs.
cgsph D. Burnett, Guy Servoss, Mrs.
Suy seryoss, Sllas Bonham, Mrs. oliver
''AIod Mrs G. D, Mcneil.
BOARD OF EDUCATION.
.. AZ IT'S meeting asst night the board
suu'auon transacted considerable
, ,.uane business, The report OF the
neasl1er showed cash on hand TO the
anount Of l3lS724i ~ w wv
lge superintendent reported that q
NV IVY many pupils, who had been kept
oib,.' svnool by reason of measles and
s.,g, contagious diseases, were now
nv 'u w. PACK He reported also that
Front ,s W5aihl and Madison schools were
tLosssusl, having a larger attendance
"" M AZ any other time during the year,
~ recent hazlng Of high school
issHlneh by members of the upner
,, "s,ss was discussed at length and a
fTtS.vs ,I mas been called for tonight to
mss 'r,a investigate the matter. At this
N, ,Sals ~ expected TO have number
vsi t"o o VINO committed the offense as
or, "a, ~ number Of the Victims pres-
n ,S 'As"lse a number OF men and wo-
ANY,. "no signed a protest. and a re-
affair. way 'o''u investigate the
M NJ way oa MS request signed by Mr.. and
n oiS george j. Kelly aud about a dozen
.t,ie lnat brought the matter ON
nor,. DVlore the board last night. AL
"a ' idnt 'he board had already prepared
v,. ~ az. INTO the matter. The subject
prlr, J,,sCussed IN executive session with
hts1,5ippaai George Thomas and super
hz IroenI Allison. The facts OF Inc
Be o,, were laid before the board and
hr y,o ~. was the calling of a meet :
r6,, wv !. .9hlght II was reported maj
m, ~ y, me boys who were hazed have
tI,.o ,lulleIea to any extent and maj the
v1 ..',O,allon caused by the aclds which
tls,p S'l'aIed IN their faces, is rapidly
- REMAINS OF DAVID KAY.
osden wy wy Of David Kay arrived in
vas "a yesterday from Sacramento and
ro,hs SNsn at once to the home Of his
Wsnu. NIa H. L, Griffin, on Adams
accompanying the remaine