Weekly journal-miner., 1909-11-17
MANDAMUS AGAINST
 THE SUPERVISORS
CFrom Sundays paIly)

From Sundays Daily)
 A peremptory writ of mandamus was issued yesterday in the district court by Judge Doe, commanding the county supervisors to call a special session of the board and officially canvas the votes cast at the local option election held in the Kirkland precinct early in September, which was won by the "drys.''
 This action by the court makes 1t imperative that the board canvas the votes. They have until November % in which to perform this work.
 Should they fail to carry out this legal order, they will be in contempt of court.
 Yesterday was the last day for the filing of an answer in the mandamus proceedings, which were instituted by Grant Carter of Kirkland, through his attorney. R. E. Morrison.
 Yesterday MT. Morrison appeared in the district court for his client. It was found that Supervisor Harring- ton had admitted all of the allegations of the petitioner and stated that he had been willing and had east his vote in favor of eanvassing the vote. Supervisors Smith and Stewart had filed no answer.
 The formal petition filed by the plaintiff, recited that a special local option election had been held at Kirkland on September 4 and that the board at its session on September 15 had declined by a majority vote to canvass the returns. The official rec ord of the board was introduced as a part of the evidence.
 The court, in addition to granting
 the peremptory writ, ordered that the
 board pay the costs of the mandamus
 action.
 The mandamus after reciting in de-
 tail the causes leading to the action, is as follows:
 "Therefore, we do command you that forthwith upon the receipt of this writ, you, the said B. H. Smith . J. W. Stewart and Geo. P. Harring- ton. members of the board of super, visors of Yavapai county, Arizona Territory, respondents herein, call a legal special session of said board ot } supervisors in manner and form as
 provided by law, said special session of said board of supervisors to be held not later than the 22d day of November, 1909, and that at said spe
 eial session of said board of super , visors you open the ballots, count
 the votes, and declare the result of 5 said election held in said Kirkland 7 justice precinct on said 4th day ot - September, 1909; and if the result ot . said election as found by said board P of supervisors shows that majority [ of the votes cast at said election ? were "For Prohibition" that you ? the said respondents above named s shall immediately make an order anC t enter the same PpOn the minutes oi . said board of supervisors declaring
 the result of said votes and abso D lutely prohibiting the sale of intoxi r eating liquors within the prescribed ? limits of said Kirkland justice pre- o cinct in said county and territory a except for the purposes and undel t the regulations specified by law, un I til such time as the qualified voter V ip said Kirkland justice precinct ma! t at a legal election held for tha O purpose by majority vote decide other V wise; and that thereupon you shal
 cause said order declaring the resuI T of said election and prohibiting thu h sale of such liquors to be published e for successive weeks in some newspa e per published in said Yavapai county
 which said newspaper shall be select
 ed by said board of supervisors fo O that purpose"