The Ordway new era., 1913-05-30
0rdwayIsH Handed
County-SeatWhen
Judgments
Ordway Wins on Every Point
and Fight Is Regarded As
Settled for All Time

District court convened Monday
morning with Judge Rizer on the
bench and a large contingent uf the
citizens of the county occupying the
seats in the auditorium. as the judge
had announced that he would repder
his decision on the county seat con-
test matter.
Judge Rizer's decision was very
+, lengthy document, covering every
phase OF the matters involved 10 the
contest. and the outcome was sweep
ing victory for Ordway, known in this
action as the contestse. although the
title OF the case involved the county
commissioners and the town is not
Ordway people that residence of six
months was necessary to vote upon
the location of the county seat was
upheld, and the assertion OF the Sugar
City people that fraud was used in the
counting Of votes and In voting Ger.
tain parties who cast theH votes IN
favor OF Ord way was secuted. After
reading the opinion the Judge entered
the following order:
Motion OF contestors for Judgment
on the pleadings is overruled.
1.-THE contestors except to the ruling
OF the court In overruling the motion
for judgment upon the pleadings.
The contestors, having announced in
Rf - II r MN Z M Mt ipf,
TO stand upon the motion for judy
ment on the pleadings to contest
their point, and having dedicated to
the court that they do not desire to
proceed further. 1t IL now ordered
that Judgment 10 this case be entered
for the contestees for their costs. and
that the case Of contestors be dis
missed, to which judgement OF the
court tile contestOrs except and pray
an appeal to the supreme court OF
this state, which is allowed, and the
contestors are allowed thirty days
within which to tender bill of ex
ceptions, and the appeal bond to be
given by the contestors Is fxed in the
sum Of s5OO."
Other cases handled and disposed OF
by tn court were as follows:
The Free Sewing Machine Co. VS..
Fiuke s. Fluke-Plaintif's Is motion for
Judgment on pieadings is sustained.
Judgment Is for s36 and costs. This
case came up on appeal from the
county court.
Hama vs. Hanna, divorce-This Ii
the case wherein Mrs. Hanna. who IL
suing her husband for divorce, OBJ
taiued an order from the court re
straining her husband dr his son from
disposing of his real estate and bank
stock pending Judgment The court
ruled that the restraining order here.
tofore issued must be obeyed. Thorn
ton H. Thomas appeared for the plain
til aud 1, II. Stanley for b, + Hanna.
the son. The defendant is Ia Ohio
and WAS served there with summons.
The People vs.. william, Fowble, lar
ceny OF livestock-This Is the case of
the young man who rode one Of Coun-
ty Commissioner Phillips horses over
to Sugar City and then turned the
animal loose. On account of his aye,
10 years, he was given an indetermin-
ate sentence ia the Buena Vista re.
f0rmatory. Judge Rizer. 10 passing
Judgment. remarked that IL the sher.
III had found the horse In Eowble's
possession he would have had cOnsid.
cradle difficulty In convincing a jury
that he intended to turn the animal
loose. Fowble may consider himself
lucky, as his stay 10 the reformatory
will probably be a shOrt one, II he
behaves himself.
Weist VS.. school District No. IL.
motion to set aside Judgment for de.
fendant aud for new trial--This is
the long drawn out case where Miss
Weist sued the school district for sal.
airy claimed to be due upon u contract
to teach. She was dismissed aud sued
for the balance OF salary she would
have earned under the contract. The
case was tried originally In Otero
county and transferred to the Crowley
county courts after the formation of
the new county. This last motion
was argued in Pueblo on the Goth inst.
The motion was overruled, to which
Judgment the plaintiff excepted.
What further action she will take Is
unknown.
The entire session OF the court last.