Weekly journal-miner., 1912-06-05
FIGHT FOR OFFICE
 WILL BE CONTINUED
(fron Wednsaday's Daily,

(rrom Wednenday's Daily)
 The case of the State of Arizona al the relation of Geo. P. Builard. as attorney general, against Sidney Sapp. came on for trial at Holbrook on Thursday last The action is known as quo warranto. being a pro eeeding by the state to test the right of Judge Sapp to hold the ofhce of Superior Judge of Navajo county. Judge Duffy. of Santa Cruz county, tried the case. having been designated by Governor Hunt to preside on account of the disqualifi- cation of Judge Sapp. The state was represented by the attorney generals office, and by Stoneman & Ling of Phoenix, Thos. 4. Flynn of Flagstaff. and (. IT. Jordan of Hoi- brook, while the interests of the re- spondent. Judge Sapp. were looked after by F.. s Clark. The state sought 10 show that Judge Sapp, who was elected by a majority of fifteen. was not entitled to hold the office because of alleged illegal votes received and counted by the eieo- ton boards for Judge Sapp; that persons had voted for him in one precinct while they were legal resi- dents O fanother. that he had been admitted to practice before the su- prcme court upon credentials that were insufficient, and that he had failed to file statement of his cleo ton expenses within thirty days af- ter the election. The respondent showed. in substance. that a eertih- cate O felcetion had been issued to him by the eanvassing board. and that the showing of the state was in sufficient to overthrow the prima faoie right to the office established by the certificate of election. After two days of strenuous contention the court decided that the showing made by the state was insufficient and sustained the respondents de- murrer. Counsel for the state asked leave to amend. which was granted, and the ease will come on for am other hearing on June 18th.
 A peculiar feature of the case | was that the state attempted to show that Thorwald Larson. who was Judge Sapp's opponent in the election. had received the larger number of votes and was therefore entitled 10 the office. Judge Sapp is a Republican. and Larson is a Democrat. Another peculiar feature of the case is that this was the third attempt to unseat Judge Sapp and to install Larson. The first attempt was made before the canvassing board in the form of contest. which the oanvassing board declined to entertain. The second was an election contest brought by Larson against Sapp in the superior court of Navajo county. which Judge Per kins of Flagstaff dismissed for lack of jurisdiction. the contest having been filed after the expiration of forty days from the return day. the judge holding that it must he filed within that period. The last attempt is the one above referred to. and while |, is brought nominally by the state. i, is apparent that |, is, never theless. merely proiongation of the old proceeding on the part of Larson 10 ousi Sapp from the judge. ship.
 Many witnesses had been sum moned at the expense of the state from far and near. and as no pro vision had been made for their pay ment. great dissatisfaction was mani. fested However this did no, de tract from the widespread interest taken in the ease, and the court house was crowded with spectators. |