Weekly Arizona journal-miner., 1906-12-26
WOULD DEFEAT PEOPLES WILL.
(From Fridays Dailv1

Judging from the elec,ion co,,cs,
 winch was filed yesterday bv R P Tai.
 Dot, tho defeated Democratic candidate
 '1r p'str'ct Attorney, having for it's ouJ'ct tnc. annulmcnt of the election
 re'utns From North Prescott precinct.
 |, IS evident that one, if not more. of
 ,hc unsuccessful aspirants on inc
 penocratic ticket is "bad loser
 'h ms petition Mr. Talbot asks inc
 court To throw out the returns from tbo si'd precinct, and if it should bc done It would result in placing into office Pi9ctlcalIy all of the Democratic ticket "i,h Inc exception of Ritter and would ,"use tie between Wingficld and 'ohhs' The petition declares that the returns From this precinct should be in. N"iidat"d Because the law, hc alleges. was not complied with in the partic. n'nr that the Supervisors had in tbc proclamation of election failed to spec. ny the place in which the polls sbould oe neid Tn this precinct, and also alleges .nat the notices conveying said infor. nation were not posted in said ore. .'nct, either by the Supervisors or the Justice of the Peace or the precinct
 board of Election officers. The law on this particular point is as follows:
 23Ol Sec. 33). The Board of Super. visors of each county must establish a convenient number of election prc cincts therein, and define the bound. aries thereof, where possible.
 23Oo tScc. 34. The Board must. at least 10 days prior to m election, issue US order designating the house or place within each precinct where the election must be held.
 2306 (Sce. 35). If the Board fail to designate the house or place for hold. ing the election, or if it cannot be held at the house or place designated, the Justice of the Peace in the precinct must, two days before the election, and by m order under his hand (copies of which he must at once post in three public places, in the prccinct) designate the house or place, or if there be no Justice of the Peace there, the cleo. ton board, by similar notices posted as in this Section provided, may des. ipnate the place.
 After the petition was filed. Judge sloan fixed January as the date for hearing the same.
 Several attorneys who were inter. viewed last night in regard 10 their op,nion as to the merits of the contest ridiculcd the idea that the petition would be successful. The law, they said, IS extremely jealous of the rights Of the elcctor, and it would be mani. festly absurd that the will of the pco. pie. as expressed at the polls, should ! be defeated through the neglect of any official to properly carry out the rc. quircmcnts of the statute. If fraud had been perpetratcd in this precinct then l there would have been some legal basis | for n contest. hut under the circum. stances it appears to be the fiimsiest | sort of pretext. In fact, the statute expressly provides the grounds on which n contest may be brought, and | there is no provision made for n con. test on account of any irregularity on | the part of the Board of Supervisors or other official. The fact that no ob. iection was made Co such Irregularities before the election, deprives the peti- tioncr of any valid right upon which to | contest. No charges of fraud having been made as regards : the returns from this precinct and there | being no allegation of malcanduct on | the part of the board of judges it is i, the opinion of competent legal author. | fly that the courts can in no way con | s,ruc the law SO as to permit the votes ' of 311 electors to be annulled because | of any irregularity on the part of the Board of Supervisors. The law pro. vidcs that contests can be commenced within io days nficr the day of the of | fcial canvass of the vote. If any other defeated candidate desires to institute , . contest the law gives him until De. | ccmbcr 2s in which to commence the 1 game.