Bisbee daily review., 1918-01-09
SKELETON OF HUNT
 CAMPBELL CASE IS RATIFIED IN COURT
On Last Day of Given Time Campbell Attorneys File Motion Asking for Rehear- ing of the Case. Douglas Precinct Cited.

The skeleton of the Hunt-Campbeli gubernatoriaI contest case was rattled again when the counsel for ex-de fsctoI Governor Campbell. filed 6 motion in the superior court Monday afternoon asking for a rehearing of the case.
 Like Gen. Byng's sensational drive on the western front recently She legal generals for the depOsal of de facto governor pulled their coup with out the usual verbal artillery prepara- tion. and when the news that the mo ton for a rehearing had been filed spread through the capitol, surprise was manifest on all sides
 With the undisturbed lapse Of "A ot the Is days following the decision ot the high court it had been taken for granted that the matter was settled for good. Monday marked the close of the 15 days during which motions for rehearing can be made. Judge Sloan. together with his assistants. worked until almost the last minute to get the legal papers to the clerk of the supreme court on time AS las been the case throughout the long reoOunting and trial in the lower court. Douglas precinct No. 1 forms the backbone of the attack Of the Campbell attorneys in their motion for q reheSrinE.
 The brief sets forth the contention that the supreme court erred in stat ing that Douglas precinct No. is not separate precinct as a unity. The records show. according to the brief that the election officials of this pre- cinct did not live in the precinct. and further. that they went to other ore cincts to cast their own votes. That the boundaries of Douglas No. 1 were laid down and determined by the board of supervisors. as were the cd ditional six precincts in Douglas. Each is as separate a precinct as any other precinct in the state. it is contended-
 Other points cited in the brief are as follows:
 That the supreme court erred IT stating that the election hoard of Douglas No. l was made up of demo crats and republicans together The records show that an were democrats, Also that all of the clerks of the board were democrats. with the exception | of c. R. Walters. who. although he swOre that ne was registered as a re publican. is shown on the records of Cochise county to have registered as an independent
 ! That the court erred thaS yhis illegal | ity could have been corrected by 8 mandamuS. as these officials were not iappOinted by the board Of supervisors. but were ~filihustering" volunteers r. would have been impossible to have elected them by mandamuS OroceeJ- ings after they had taken charge The supreme court has stated that it is significant that there was no prosecution in Douglas No. 1. The contestee. if given an opportunity. will prove that the attention of the United States district attorney was called to the nlegality of the election board c; Douglas No. 1, and that a copy or the record in relation to this precinct was sent 10 the district attorney of CO- chiSe county at the request of the as sistant district attorney. and that oi every offer of assistance was given ! for prosecution.
 The court erred when it stated ths; lthe canvaSsing board of CocOnino cOun- ty reconvened within the legal six days and canvaSSed returns Of Cam0 70 precinct The record shows that ii was 15 days before the eanvasSing was done. AppaIlee will contend that Camp 10 precinct is exactly parallel to Will gus precinct in not being canvsssed by the election board within the legal time limit
 In reference to this point. il may be said that Wilgus precinct was thrown out by the supreme court. but both precincts were counted in by the low CT court
 The brief goes on to say that the court erred in defleCting g votes from Campbell. counted by the lower court on ballots in which the cross had been placed in front of. instead of after. Campbelrs name. The contention in the brief is that there were only i5 of such ballots.
 Appallee cites that incontestable evidence Of Deputy Sheriff Cross, president Of the election board. Picket. night sergeant c. N. Moore, all demo crats. and republican watcher. Redlin. It is pointed out further. that the supreme court. itself. describes the SO ballots of Douglas No. as mutilated. which in itself. would make them ii- legal and deny their being counted un- der tSe election laws.
 The supreme court is in error in not considering the distinguishing marks on ballots because of its reason that the integrity Of the ballots had not been proven. nor is it shown that these distinguishing marks were made hy the voters themselves. II this rCl- ing were carried out to its logical con olusiOn. the equally unprOven and sus- ceptihle of recount.
 Court erred in entering final iuig- nent against appellee. contrary to law which gives the appellee the right to exhaust every possible resource with a new trial before the supreme court can reverse the lower court and give an original decision.
 According to legal procedure. cOuu. sel for Campbell must furnish. coinci dent with their filing Of the motion with the court. copies of the motion Co counsel for Governor Hunt. The lat.