Bisbee daily review., 1907-01-08
CONTEST TRIAL STARTED AT
 TOMBSTONE
George Hardikef Seeking to Gust Ben Rice FfJnl Office of Justice of Peace In thc Douglas Precinct
DEMURRER FILED TO
 FIRST COMPLAINT.

The contest case instituted by Geo. 1zrdiker, lste republican candidate for the office of justice of the peace of Douglas, against Ben Rice, the dem ocratic and successful candidate, was called for trial in the district court yesterday at Tombstone. This case wilt attract unusual interest in Douglas for the reason that the gen eral belief there is that the case has been taken into court more for the purpose of saving an election bet made by C. A. Overlook than from belief that the election result was not a just and fair one.
 When the case was called for trial E. E. Ellinwood, attorney for MT. Rice. presented a demurrer which in substance was that the allegations in the complaint did not constitute a cause of action, as 1t was not shown that the irregularities complained of caused the defeat of Hardiker, the con testant. After the demurrer had been argued at length the court held that the prosecution would be allowed to put witnesses on the stand, and unless they could show that the irregularities complained of were directly responsi- ble for the defeat of Hardiker, the de murrer would be sustained. The a1- torneys for Hardiker this morning presented another amended complaint in which it was alleged that flfty-two voters cast their votes in the Douglas precinct who were registered else where The introduction of testimony to prove the allegation in the amend ed complaint was objected to by FL linwood, unless it could be proven that these voters cast their ballots in favor of Rice for justice of the peace At the time court adjourned one of the ballot clerks from Douglas was on the stand to prove that voters registered in other precincts were al lowed to vote in Douglas.
 The complaint made by MT. Hardi- ker sets forth some irregularities on the part of the election board, which is admitted but which would, in them selves, not affect the result of the voting or the counting.
 The First Protest
 These irregularities were first pointed out in the following protest filed with the board of supervisors be fore that body made the official count: Territory Of Arizona.
 County of Cochise, ss.
 ITO John J. Bowen C.l A. Taylor and Wm. Riggs, members of the board of supervisors in and for said coun- ty and territory. comprising the county board of election canYassers in and for said county of Cochise:
 We, your petitioners, hereunto sub scribipg cur names, would respectful Iy shows to the board of election can Vassers aforesaid:
 .1st. That on the 9th day of No vember. A. D. 1906, and at this date of presenting this their petition, the undersigned were and are each legal voters duly qualified as such, residing within the county of Cochise, in cleo ton precinct No. 4, thereof as here tofore designated by the board of su- pervisors in and for Cochise county.
 '2nd. That the so-calied packages purporting to be the official returns of the election held in and for cleo ton precinct No. heretofore filed with the clerk of the board of super yisors ought not to be accepted as such official return, and that the votes therein purporting to be the votes cast at said election in said precinct No. 4 ought not to be canvassed by your board as such official return for the following reasons, viz:
 Because the place for holding of said election was, prior to the date of holding, the same designated as the city hall within said precinct No. by the justice of the peace in and for pre- acinct No. of said county, the jus .tice precinct in which said election precinct No. is situate. and also by the board of supervisors in and for Cochise county; and said election was not held thereat until the votes were ali counted without adjournment; and because the ballot box for said pre- .cinct No. i, used in which to deposit the ballots ct said precinct, was re- moved from the said city hall before the ballots were all counted there from and because the ballots were not counted at said place where the same were cast.
 Because the official ballots for said precinct unused were not kept, sealed and returned to the board of super. visors as required by law, and because one tally list of the votes counted, also one list of the names of the voters voting and also one copy of the Great Register used at such election was not held and kept by the inspector for the time and after said election for the inspection of all voters as the law in such cases made and provided but said lists of voters, tally lists and Great Register copy were otherwise disposed of and can not be found.
 Wherefore, your petitioners pral that such purported returns be no canyassed as the official returns O said precinct, and that same be throwl out from your canvass.
 'Js c. HANKS,
 -R B. SIMS,
 ~H E.. STONE.
 -J A. MILLER,
 "J c. EwELL,
 ID. A RICHARDSON,
 P. J. F. DEMAREST."
 Rice Gets Certificate.
 T1-S board of supervisors, after cor suiting the district attofhsy. deeidel that it was their duty to count th' votes as returned by the electioi board and paid no heed to the pro test. The count showed that Ben Ric had been elected to the office of jus tice of the peace in Douglas and ol dered the clerk to issue a certifcat sf election to MT Rice.
 Contest Suit Filed.
 Some days after this MT Hardikei the defeated candidate. filed his pet (ion for a contest of dirtrict No. 4 i
 9as. setting out the irregulariie
 d of by those who proteste