Los Angeles herald., 1909-11-16

is in the superior court through
suit filed late yesterday by Mr.
Mushet's attorneys, and the contest
will be held before Judge n. p. Con-
rey November 26 at 10 a. m. Smith
supporters are ignoring the contest,
except so far as the legal responses
are necessary.
ION Tuesday morning we shall &c
to the bat for George Smith in great
shape and keep it up until after the
election" said a Republican worker al
machine headquarters last night
Don't let anybody fool you that
Smiths name won't be just below that
of Alexander's."
The citation to appear in court was
issued by Presiding Judge Curtis d.
Wilbur after o'clock yesterday after
noon.
AS the city clerk must send out sam
pie ballots ten days before the elec-
tion, or on November "a, unless a rul-
ing to count Sundays is made, Mr..
Mushet'S attorneys will endeavor to
hurry the matter by restraining the
city clerk from placing Mr.. Smiths
name on the sample ballot. This and
other restraining action looking to-
ward elimination of FIR. Smith as a
mayoralty candidate will be taken to-
day or tomorrow by Mr.. Mushet's at
torneys, who are Hutton and Williams,
c. Randall Sparks, w. T. Craig, John
d. Works and Lewis R. Works. The
papers were filed by Gesner Williams,
who has thought out the greater part
of the campaign of elimin4tion," as
1t is referred to by the Mushet support
ers to distinguish 1t from the cam
paign against George Alexander.
MaIconduct Is Alleged
The Statement of grounds of con-
test of election" as the papers were
officially dubbed, alleges that the cleo
ton boards 'were guilty of malcon-
duct" as follows:
That in each and every one of
said two hundred precincts ballots
were counted by said election off,
GERS for the said George A. Smith
which should have been counted for
the said plaintiff, William G.
Mushet.
That in each and every one of the
said two hundred precincts ballots
containing the cross in the form
and manner provided by law after
the name of said plaintiff, William
C. Mushet and which were voted
for the said William C. Mushet,
were Cancelled and rejected, which
said ballots were legal ballots and
should have been counted for the
said William G. Mushet.
That in each and every one Of the
said two hundred precincts ballots
were counted by the said election
officers for the said George A.
Smith, which ballots should have
been Cancelled, rejected and not
counted for the said George A.
Smith, for the reason that the said
ballots were not legal ballots and
were not voted in the manner pre-
scribed by law.
Smith Count Attacked
That in each and every one of the
said two hundred precincts ballots
were counted by said election off,
GERS for the said George A. Smith,
which ballots should have been
counted and were cast for candi-
dates other than the said George
A. Smith for said office at said
election.
Plaintiff alleges that the afore-
said malconduct on the part of said
board OF judges was such a s to pro-
cure the said defendant, George A.
Smith, to be declared as aforesaid
nominated to the said office of
mayor for the said city Of
Los Angeles when the said
defendant George A. smith, had
not received a sufficient number Of
= votes to constitute him one of the.
two highest of said candidates for
mayor; and that the aforesaid mall
conduct on the part of said board
of judges was such as to prevent
the said plaintiff from receiving
sufficient votes to constitute him
one of the two candidates for
mayor receiving the highest num-
Der of votes at said election for
said office of mayor, when in truth
and in fact the said plaintiff did
receive a sufficient number of votes
to constitute him one of the two
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