Bisbee daily review., 1907-01-18
HASMOREOFF|CES THAN GAN
 HANDLE.
District Attorney Bullardi For Defendant, Moved to Dis miss Case and Assess Cost Against the Contestant.
Arizona Republican,


 The only thing so far apparent as a result of the Mlner-Babbitt contest is that Carl T. Hayden is the proud possessor of more offices than his share and that he is not only sheriff, but that under the law he has not yet his term as county treas. urer.
 There was a session of the special court yesterday to decide what was next to be done, 1t having been deter mined that the election had resulted in a tie. but no judgment had been rendered.
 District Attorney Bullard for the defendant moved to dismiss the case and assess the costs against the con testant, as Is done in other cases where there is a failure to establish a contention. He had California decision, which was found to be not quite in point as 1t held that since there had been no judgment for eith- CT party. neither could take costs from the other, but the effect of it was to leave matters where they stood at the beginning of the con test. That decision followed cut in this case would leave Rabbit in of flee by virtue of the certificate given him after the official count.
 Judge Ainsworth for the contestant took quite q different view and one supported by 8 later California de- cisIon. which held that the one quoted by MT. Bullard was not the law. Ac
 ording to that 1t had been found that as to Miner and Babbltt there had been no election. Babbitt could not be de facto treasurer since it had been shown that he had not been elected. Therefore, the certificate given him by the supervisors had nothing behind. There was no va cancy which could be filled by the
 oaTd. Under the statutes Carl Hay den was elected to the treasurer's of flee for a term of two years or until his successor should be elected and qualified. There had plainly been no election of successor, so Mr. Hay den was still treasurer though he was also sheriff. MT. Ainsworth furtber pointed out that there was nothing in the statutes preventing him from holding both offices.
 Attorney BuIlard instead of directly controverting this view assaifed 1t on account of it's inutlity. He said that it would not change the ultimate re- suit and that there was no way by which it could benefit Judge Aims worth's client. If he were sustained and 1t should be held that Mir. Hay den Is still county treasurer, he would immediately resign and the board of supervisors. on presentation Of the proper petition, would appoint MT. Babbitt. In the meantime he said the bond of MT. Babbitt would nave to be renewed and as that or GIr. Hayden had been exonerated 'ne county funds in the interim would be without pro tection.
 Judge Ainsworth said that 1t was immaterial whether his client would be benefited or not. The only mater ial thing was that the law should be followed. It was plain that nobody had been elected treasurer by giY' l ing him a certificate of election 1 Neither could the county certify such action of the board or make an order which would be of the same effect i The court took the matter under ad 1 visement and will announce deci | sion this afternoon.
 l It has been sought on the part oi ! the defense before the beginning oi ] the last recount to effect a private settlement of the matter Of the costs | It was proposed that the winner should pay all costs. This was not assented to.
 It is stated that the contestant will appeal to the supreme court.