Arizona republican., 1906-12-09

IN THE DISTRICT COURT OF THE
THIRD JUDICIAL DISTRICT or
THE TERRITORY OF ARIZONA.
IN AND FOR THE COUNTY OF
MARICOPA.
r. E. MINER.
Plaintiff and Contestant
DON c. BABBITT.
Defendant and Respondent.
Whereas. Elias F. Dunlevy. clerk OF
the District Court OF the Third Judi
cial District OF the territory OF Arizona.
in and for the county OF MaricOQa. has
informed me. Edward Kent. Judge %
said court, that r. z. Miner. an elect
or of the county Of MaricOpa. territory
of Arizona, on the 24th day Of NOvsns-
Der. ~ D., 1896. had filed in the Office
of the clerk Of said court. statement
verified by him against one Don 6
Rabbit, eontesting 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 %
November. A D.. 1906; wherein II IS
alleged that the judges and inspectors
of said election did commit malcOncucI
in that they failed and refused 10 count
the full number Of votes that were le-
gally deposited by the qualified voters
of said county Of MaricOpa AZ said slec-
ton, for him the said 49, = Miner. for
I the office of county treasurer OF Mari
copa county. Arizona. and did count for
the said Don c. Rabbit for cOunIy
treasurer Of said county. votes which
were illegal and which were not in fact
cast for said Don G. Babbitt At said
election; and that. il said votes cast for
him and said r F. Miner as aforesaid
had been counted for him. tn said r
F. Miner, and said votes had not been
Illegally counted for the said Don -
Babbitt. that he. the said r E Miner.
would have been declared elected % the
office of county treasurer Of Narfcopa
county Arizona territory. but that De-
couse of said mal-cOnduct the said Don
c. Babbitt had been declared elected
to the office OF county treasurer Of
Maricopa county. ArizOnz territory.
and wherein, praying thai recount b
had of the votes cast fsT ssid county
treasurer of MaricOpa county AZ said
election; and that upOa said recount
a certificate Of election - tssnsd TO
him the said r. E Miner.
Wherefore. by reason of to filing %
such statement and By virtue % the
statute in such case made and provid-
ed. 1 hereby order special term OF
court of the Third judicial District 81
the territory of Arizona. in and for the
county Of Maricopa. 20 be held az the
| NFawsrrrsrr On
the 18th day of December A. D.. iseS.
at the hour OF $3.50 O'Clock a. m. Of said
day TO hear such contest: and that no
tice thereof be published in the daily
issue Of The Arizona Republican. a
newspaper published in the city OF
Phoenix. In said MaricOpa county. Ar
iona. once a week until the Gay OF
said special term Of court And that
| the clerk of said court issue a citation
| to the said Don c. Babbitt 10 appear at
said time and place specified in said
notice and answer such contest
| Dated this cath day OF November. ~
D., 1906.
EDWARD KENT.
Judge OF the Third Judicial District ~
/ the Territory Of Arizona. in and for
Maricopa county.
| To Don c. Rabbit and 20 AL whom Il
may concern: Notice il hereby given
that a special term % court uSS b
held at the court house % Gsss<oE2
county, Arizona Territory. IN ths S4sy
Of Phoenix. on Wednesday. tie isth
| day December. A D.. isaS At 80
o'clock A. NJ, to try the election CO.
| test of r. F. Miner for the offics q
| county treasurer Of NaricOpa COae1y.
Arizona territory. in compliance Sits
the above order OF the Honorable I'd
ward Kent, judge OF said court.
And 1 hereby certify the above % u
! a true and correct copy OF SucA SSs<e-
now on file in my office
Witness my hand and the sal of said
court. this Gath day OF NOvesnbss. a
D., 1906
F., (SEAL) ELIAS F. DUNLEST.
Clerk OF the District Court OF the Iaird
Il. IL. r. 81