El Paso herald. (El Paso, Tex.) 1901-1931, 1912-09-20
Will Ask Transfer to 34th
District Court in Motion
Before Judge Douglas.

The contestants in the election cases
want their cases tried in the saith dis
trict court, presided over by judge ].
R. Harper. 1t was asserted that in the
effort to have the county contest cases,
now pending before judge W. c. Doug
las in the 41st district court, trans
ferred to the saith district court, a mo-
ton to that effect viii be filed before
judge Douglas by judge Seymour Thur
mond, attorney for the contestants.
The request for the transfer of the
cases, it was stated, would be based
on the ground that so much time of
the court would be consumed in hear
ing and passing on the contest cases
now pending that a judgment in the
cases represented by judge Thurmond
would come too late to be of any ben
eft to the contestants.
Eleven Cases Mt Issue.
There are II of these cases, invOlv-
ing county offices from the district
clerks office down to the justice of
the peace. Thus far only one of these
has been passed on by judge Douglas,
who by his ruling Thursday afternoon
practically threw the case out of court
The case was that of Harry Turner
VS.. Park Pitman, the plaintiff contest
ing the nomination OF the QtIeuudHL
as county clerk Judge Douglas ruled
that the notice of contest had not been
filed in time. The other 10 cases were
not brought up, but they were filed
at the same time as the former case,
and the contest in each is based on the
same grounds. Judge Douglas stated
when ruling in the county clerks case,
that his ruling would be the same in
the other 10 cases If they were sub
mitted to him.
1.,rr
but the course of the application for
a writ of mandamus before the SUI
preme court in the effort to compel
judge Douglas to hear the cases The
supreme court would then pass final
judgment on the question of time in
volved in the suits. and in the event
the decision was favorable to the con-
testants, an order would be issued com
polling judge Douglas to hear the
cases It was stated by the attorney
for the contestants that an applica-
ton for the writ would be made.
Says Orders Will be DisreEarded.
The feature of the trial Thursday
afternoon was the declaration of judge
Peyton F. Edwards, attorney for the
cOntestees, who declared to judge
Douglas prior to his ruling on the
question of jurisdiction. that his or
ders, should they be in favor of the
contestants. would be disregarded- II
you should order the county clerk to
deliver the ballot boxes" said judge
Edwards, che would disregard it.
Should you order him to put the name
of any eonteL- Int on the ticket, he
would disregard 1t. The only way
would b to mandamus him. This court
or no one else can get name on the
official ballot without a mandamus."
Following the filing OF an amended
petition Friday morning by judge F. G.
Morris in the Morris-H Harper case, the
entire morning was consumed by the
argument of the attorneys for con-
testee and contestant. Among other
things urged by the attorneys for the
contestee was the proposition that the
amended petition of the contestant set
up a new cause of action. No definite
ruling has yet been made in the case.
The case of c. /. Vowel, who is con-
testing the nomination of W. w. Bridg-
ers for district attorney. is still pend
ing. No argument has been heard in
that case.
The application for a writ of man
damus in the case of Harry Turner
VS.. Park Pitman has been prepared, /
but it is not known at this time when