The Greeley tribune., 1910-07-28
EVANS GoES DRY AND BONs
FOUND GUILTY SAYS CoJrrr
(From saturday's pallyl

AAA NAAS AAp'aAAA - 4AhllH EAllNA D.
as charged In the information. Be
cause Of the intense interest in this
case the Tribune gives the findings
of the court in full 1t follows:
During the progress Of this case
there has been several legal ques- /
tions raised that, now viewed from
the standpoint Of the whole case
seem to have vitality effected the !
main issue, but those questions were
ruled upon from time TO time as they
arose and the court still feels salts
fed his rulings therein. We are
now narrowed down to two proposi-
tions, a question of law and a ques-
ton of fact
The legal proposition, Is the filing
of petition thirty days prior to an
election mandatory provision OF
the statute From a reading of the
statute 1t apnears the filing OF the
petition thirty days prior to election
is the initiatiye step, the creative act,
the act thai begins the process of
putting life in the local option stat
ute in a Specified territory. Such
provisions are held by practically all
the authorize to be absolutely man
datory; and therefore the court feels
no hesitancy in holding the filing of
the petition is a mandatory provis-
ion. and the statute regarding it
must Therefore be strictly followed.
The petition in this case must have
been filed thirty days prior to the
day of election or the whole proceed
ing would be null and void
The question of fact remaining
to be determined by the court, WAS
the petition filed on March II, 1908.
as shown by the pencil endorsement
on the back of the original petition
or was 1t filed on March Z, 1908, as
testified to by the party offering it
for filing? In ascertaining a fact it
is sometime necessary to take that
fact and compare it with surround
ing circumstances and see if it fits,
dovetails into the minute network
OF human existence and experience.
The truth always exactly fits, the
faults never exactly fit the situa-
tion.
From an examination of the cvi-
dence we find several significant cir
cumstances. 1t appears that sigma
lures were made to the original petit
tion practically every day from Feb
rurary 26th to March 7th inclusive
that on said last named date twenty
five names or practically one-fou-tt
of the total number of signers were
added, and no names appear to have
been added subsequent to March
7th. 1t further appears from the
jurat on the fact of the original peti
tion that said petition was sworn t.
on this eth day of March. 1908
On the back of said original petition
and Immediately below the torn edg
ia written with indelible pencil tn
inscription 18th day of March
19OS". and oral evidence is introduc
ed to show that Immediately abov'
this inscription on that portion o
the petition now torn off and los
was originally written Il certify thi
petition was filed with me this" thel
following the date above mentioned
There is also in the evidence
introduced by the defendant pur
ported certified copy OF said origi
nal petition, wherein that jura
shows the petition was sworn t.
this 18th day of March. 1905 in
stead of the 7th day of March "a
in the original petition before men
toned. On an attached page is th'
certificate OF the certifying clerl
dated this 18th day of March
1905" The figures Il" so crowd
A close examination of the GER
titled cory of petition shows a fig
ure a. 70 be crowded in the blani
space hetween the words this an'
9TH in 10th the jurat and the Ger
tificate. making both dates to reac
1.-The 18th day of March, 1905" in
stead OF the 18th day of March
1905 The figures u" co crowd
ed in the blank spaces are irregular
in alignment and uniform and in thu
one Character over the other
couple OF times.
Over he objection of defendan
the court allowed oral testimony Il
be introduced as to the ac
tual date of filing of sale
original petition. holdini
that filing" consisted of actual de
livery to the proper officer, that the
filing mark. If any. was only prim'
facia evidence OF the date of films
and other evidence could be intro
duced to show error or the actua
date of ling. that being the essen
tial fact Ora evidence was there
fore introduced from the man wh'
filed the original petition that h'
did actually file said petition on the
7th day II March, 1908. also parole
evidence Of the attorney represent
ing the party filing said petition tha
tho n,rpNrted certified COpy of sale