Arizona republican., 1917-10-20
COVERNOR5H|P APPEAL TO TAKE
 MORE TIME THAN FIRST ALLOWED
Attorneys for Campbell Ask
 Consistant Course Be
 Held In Passing Upon
 Irregularity of Votes

That the final hearing in supreme court of the Hunt Campbell governor ship contest would not be completed within the three days originally set for it, but would go over into next week. was indicated when the su- preme court adjourned last night.
 At that time Judge Richard E. Sloan, head counsel for Governor Campbell, had not finished his argu- ment for the contestee, and there still remained to be heard Judge John II. Campbell for the contestee and l.. 5. Whitney and Judge Thomas w. Neal on for the contestant, George W. P. Hunt, with the probability that F. C. Struckmeyer would again plead the case of the contestant
 As this case. which is of such i'm portance to the state, developes in is rehearing in the high court, interest increases, the members of the court indicating from time to time by their interruptions of counsel and their questions their intense interest.
 Almost the entire day was taken up yesterday in discussing the conduct of the election in Douglas precinct No l, the precinct where the ballots were tempered with. Counsel for Governor Campbell stake the success of the rehearing of the contest on the aecison Of the high court to maintain a consistent attitude in dealing with the review of the ques tionable ballots.
 Should the intent of the voter, as ascertained by the ballots. be followed in the rehearng, counsel argue, Gov ernor Campbell would have a larger pi hIr ho perior court; if the letter of the law be followed. his majority would re- main the same. In either case, if q strict attitude be followed, Govern UT Campbell would win. Ills only chance to lose will come if the high court takes first one attitude and then switches to another in rendering it's decision.
 In discussing the questionable bal lots in Douglas precinct Number l. Judge Sloan yesterday afternoon ar gued that there was no difference be- tween ballots marked for a straight democratic ticket and individually for Campbell, which were counted no vote" in the lower court, and those marked straight prohibition and in- uividually for Hunt which were counted for Hunt. He also argued that ballots marked for the straight prohibition and the straight demo- cratic tickets should be counted for neither because of double voting.
 Tn Douglas No. 1. he argued, the fiadd found in that precinct by the the lower court, which heard all the evidence and saw the witnesses on he stand, was not reviewable under customary proceedings of the su preme court, as it was a matter of fact and not of law, however much the action of the superior court after arriving at the conclusion of fraud might be subject of review.
 Justice Cunningham indicated that he was of the opinion that, fraud be- ing found in the precinct, the whole precinct should be thrown out. As finally counted by the superior court, this precinct gave Hunt d majority of 36. Its elimination would in crease Campbelrs majority by that number
 Counsel and court did not seem to grasp one anothcr's meaning of just what constituted fraud, Attorney Sloan holding that when Judge Stan ford stated in granting his final opinion that the election officers had changed forty odd votes; that he rec Cgnized the same fraud that he formerly lad classified on throwing out this precinct as desperate" but that the lower courts attitude had been caused by an endeavor to purge the precinct of it's obvious fraud, giv- ing the other voters of the precinct q chance to have their votes counted.
 Justice Franklin suggested it would be necessary to have evidence on individual ballots, of a positive character MT. Sloan introduced sam ples of forty odd ballots changed from Hunt to Campbell. and also of the thirty odd in addition changed from Dunlap to Rrannen. justice of