Arizona republican., 1906-11-26
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF THE TERRITORY OF ARIZONA IN AND FOR THE COUNTY OF MARIcOPA,

R. E. Miner. Plaintiff. and Contestant.
 vs. Don C. Rabbit. Defendant and
 Respondent
 WHEREAS. Elias F. Dunlevy. Clerk of the District Court of the Third Ju- dicial District of the Territory sf Ari- zOna. in and for the Cour y of Mari cOpa has informed me. Edward Kent. Judge of said Court. that R. F. Miner, an elector of the County of MaricOpa. Territory of Arizona. on the 24th of November. A. D. 1906. had hled in the office of the Clerk of said Court. . statement verified by him against one. Don C. Rabbit. cOntesting the election of said Don C. Babbitt to the office of County Treasurer of Maricopa County. Arizona. at an election held within the said county of Maricopa on the 9th day of November. A. D. 1906: wherein 1t is alleged that the judges and in spectors of said election did commit mal-cOnduct in that they failed and re- fused tO count the full number of votes that were legally deposited by the qualified voters of said County cf Mari coDa at said election. for him the said =. F. Miner for the office of County Treasurer of Maricopa County. Arizona. and did count for the said Don c. Bab- pitt for County Treasurer of said County votes which were illegal and which were not in fact. cast for said Don C. Rabbit at said election: and that. if sad votes cast for him the said R. F. Miner. as aforesaid had been counted for him. the said R. F. Miner and said votes had not been illegally counted for the said Don c. Rabbit: that he the said R F. Miner would have been declared elected to the office of County Treasurer of Maricopa County, Arizona Territory: but tha- because of said mal-conduct the said Don C.. Babbitt had been declared elected to the office of County Treas urer of MaricOpa County. Arizona Territory; and wherein. praying that recount be had of the votes cast for said County Treasurer Of Maricopa County at said electiOn:' land that upon said recount a certificate of election be issued to him the said R. F. Miner
 Wherefore. by reason of the filing Of such statement and by virtue of the statute in such case made and provid- ed. l hereby order a special term of Court of the Third Judicial District of
 
 the County of Maricopa. to be held ar the Court House of said MaricOpa County on the 12th day of Deceu.ber. A D. 1906. at the hour of s:3O o'clock a. m. Os said day to hear such contest. and that notice thereof be published In the daily issue of the Arizona RepubI- can. a newspaper published in the City of Phoenix. in said Maricopa County. Arizona. once a week until the day of said special term of Court And that the Clerk of said Court issue a cita- tiOn 10 the said Don C. Babbitt tO ap- pear at said time and place specified in said notice and answer such contest.
 Dated this 2ith day of November. X. D. 1906.
 EDWARD KENT. Judge of the Third Judicial District Of
 the Territory Of Arizona, in and for
 MaricOpa County.
 To Don c. Babbitt and to all whom it may concern; Notice is hereby given that a special term of Court will be held at the Court House of Mari copa County. Arizona Territory. in the city of Phoenix on Wednesday. the 18th day of December. A. D. 1906. at S-3 3Q o'clock a. m. to try the Election Con- test of R. F. Miner for the office of County Treasurer of MaricOpa County. Arizona Territory in compliance with the above order of the Honorable Ed ward Kent. Judge of said Court
 And I hereby certify the above tO be a true and correct copy Of such or der now on fils in my office.
 Witness my hand and the seal of said Court this 24th day of NOvemhe~. A D. 1906.
 (SeaD ELIAS DCNLEVY. Clerk of the District Court of the Thiri
 Judicial District of the Territory of
 Arizona. in and for the County or