The copper era and Morenci leader., 1917-12-28
COURTS OPINION ON PRECINCT
 No. 1

Following are some extracts from the decision of the Arizona supreme court in it's recent decision giving the governors office to G. w. P. Hunt, bearing on Precinct Mo- 1, Douglas:
 The official returns of the canvass of precinct No. l.. in Douglas, Cochise county, show that contestant received 229 votes and the contestee received 106. During the progress of the con- test trial the contestee amended his answer and attacked this precinct on the ground of fraud. It is alleged in the amended answer that:
 By reason of misconduct on the part of the election board of precinct No. 1 in Douglas, Cochise county, Arizona, at said eelction, a large mum Der of ballots that had been properly and duly marked by the voters who cast the vote for contestee, were fraudulently changed by members of said election board by the partial erasure of the marks placed thereon by said voters and by fraudulently placing other marks thereon, and said ballots so fraudulently changed and marked by said election board were wrongfully counted for contestant and the number of these were one hundred and twenty-three or more.
 Thence forward the heat of the con- test ragged furiously around Douglas No. 1. It became the very head and front of the engagement and it's dis position is decisive of the contest. Nothing apparently has been left un- done to picture before the court the conditions existing there on election day even to the most minute paricu- lars and trivial circumstances.
 The Thiel detective service con- pany of Los Angeles, California, was employed in behalf of the contestee to furnish evidence regarding con- ditions in Douglas No. 1. Quite a mum Der of their men were detailed upon the case with instruction to get ac- uuainted with persons who had know ledge of what went on in Douglas, and especially with the election board and particularly Art Pearson. They ap- pear to- have done their work thor oughly in ferreting out every clue and circumstance obtainable. Attorneys for contestant assert that these detec- l. tives admit that their chief asset in the successful conduct of their pro- fession is the natural or acquired habit of successful mendacity and deceit" This assertion is based, per haps, only upon their inference from the evidence, but it does appear that an ability to be effective or obtain a given result is an important factor in obtaining and upbuilding a profitable employment in this line of endeavor. Like the pupils of Waskford Squeers
 ho, before spelling the word, were told to go out and wash winder and after washing is done, come back and spell winder. The evidence they pro- duced, however, when competent and material is legitimate evidence, and an appellate court will attach to it that weight and tha credibiliy giv- en by the trial court. No more, no less. Wide publicity has been given to alleged fraudulent practices in Douglas No. 1.
 In this country every individual has a right to private judgment and may offer his sentiments freely to others. Private judgment has no doubt been published many times, and perhaps so often tinctured, as might be expected, with party bias or with party preju- dice. In the favor of political con- tests this must be expected. Then we have the warmth of discussion in the oral argument of counsel before the bar of the court in which this charge of fraud is vehemently asserted, to invigorate our solitary study of the case in the dispassionate temperature of the judicial chambers. All of this stimulates our powers for cool and solid judgment. Recollectlng the weakness of our judgments, and the vain presumption of hastily deciding on important subjects without ma I4I.I opI hn oh knowledge of the facts presented by the record in a given case, the peo- pie have adopted a legal code by which the judgments of their courts are to be regulated and which body of rules their judicial officers are commanded to obey, and by this legal code the court is not permitted to found it's decrees upon public rumor, or upon evidences about which mere theory, suspicion or conjecture may be maintained. The opinions of the court are published to the world and remain upon its archives for all time, and their errors and injust"' if any may be detected and exposed. We have this high responsibility at the lar rf the phDiic. And tho ith it may he thought " some that court would be dispo sed to promote the v:tNs of a party such con>:'dcr:,- titns TLuld make 1t tremble at inc idea of q, ing this were it not moved otherwise by the pride of it's reuuts' lion aud honor.
 To be impartial and correct is, therefore, our duty. If, under the facts of the case and by the rules of
 law, the contestant is entitled to the
 woes of this precinct, he ought to
 have them, and this court must not
 be deterred in the performance of
 duty so plain by any reason of the po-
 litical utilization of it's members, or 1 because to some it's judgment for con ] sideration of such a character may ap-
 pear not to be imparial unless it be
 against the contestant or unfair to
 him. It must be kept in mind that ] lCnntinned on Page Hive