The copper era and Morenci leader., 1916-05-19
SHERIFF WINS
 IN RECALL CASE
Judge O'Connor Rules Petition is ln- valid and Will Enter Gushing Or
 der Quashing Supervisors Gall for
 an Election |

TUCSON-Following the examina tion of number of witnesses, circu- lators of the petition to recall Sheriff Forbes, in which it was brought out that addresses and dates of signing were written in by the circulators themselves, Judge O'Connor, in the superior. court of Pima county, ruled that the recall petition is illegal.
 The petition is undoubtedly inval- id,' he said
 The formal order, quashing the board of supervisors order for an election, will be entered by Judge O'Connor this morning, ending the movement to recall the sheriff on grounds of malad- ministration of his office.
 The application for an injunction to restrain the supervisors from proceed ing with steps for clle recall election, filed last Saturday, will be dismissed, since the decision of Judge O'Connor yesterday has the effect of an injunc- tion. This case was argued yesterday morning, the plaintiff alleging that the signatures on the petition filed in be- half of Vic S. Griffith, to be the sher- iff's opponent in the recall election, was not legal petition in that it did not contain the percentage of sigma lures required by law Whether the opponents of the sheriff will accept defeat and no attempt to circulate another recall petition could not be learned. The circulators of such petition would be confronted at the outset by the ruling of Judge Smith that qualified elector" need not be l registered. Under this decision there | is a great deal of doubt as to how many signatures on petition it would take to make it a legal one.
 1 Edwin F. Jones, attorney for the sheriff, gave notice of appeal to the supreme court in the first injunction 1 case filed by him in behalf of the 1 sheriff, and he has sixty days in which i to perfect his appeal.
 Among the witnesses subpoenaed in the certioarri hearing were Walter Wakefield, who had charge of the circulating of the petitions; George P. Meyers, Gus Quickenstadt and J. J ODo~d. Quickenstedt, being examin- ] ed as to the signatures, admitted that in one instance he had written in the l [ dresses and dates on an entire page | of the petition. Going through the 1 petition, he picked out others in which 1 he had added the addresses and dates [ of signing, some of the addresses and dates being ditto marks Judge Campbell obtained to theS90 7S90$123 Campbell objected to the considera- tion of these, but he was overruled. | Quickenstedt also said, when ques- toned by Attorney Jones, that he had seen Gus Hoff writing in address es and dates on recall petition.
 Wakefield and Meyers stated that they had nothing to do with the circulating of the petitions. O'Dowd testified that
 on the petition which he circulated
 the signers themselves had written the
 addresses and dates.
 Following the testimony of O'Dowd, l County Attorney Hilzinger announced that the state would concede that 179 Of the signatures were defective if
 the court held that the express authori zation of the signer was necessary to enable the circulator to write the ad- dress and date. The court announced
 that this was it's ruling, stating that
 the petition was undoubtedly inval- id"