Arizona republican., 1918-01-08

respect to those ballots on which the mark appears at the head of both the democratic and prohibition columns. That the statutes are di- rectly opposed to such voting.
 That the court erred in holding that those ballots on which a. mark is placed at the head of the demo- cratic column and also in the square opposite the name of Campbell should not be counted for the latter, but should be regarded both as a vote for Campbell and for Hunt, and therefore for neither.
 That the cases cited in the ap- pelfee's brief are from states having statutes similar to those of Arizona and it is also urged that in no state has 1t been held that such marking, in ard of itself, does not evince a purpose and intent to vote for the candidates individually marked.
 That with reference to the bal lots objected to by reason of their showing distinguishing marks and that there is not particle of evil derce that any of the ballots had the marks now appearing upon them when they were found in the ballot box by the respective boards of election" is contrary to the general ruling made later on in the opinion, approving the finding of the trial court ...e-
 That the fundamental error oc- cured in the Pinedale precinct and was made by the court iIi the entry | of a final judgment in this case l That an appellate court may reverse | the judgment of the trial court and l enter a final judgment in a contest case as in other cases is undoubted | The general rule, however, is tha the appellate court will not revers, the judgment of the trial court an( enter it's own judgment when ther, are disputed questions of fact il the case, or when it may appea that the appellee might possibl, strengthen his case upon a re-trial
 That whether this court shall re consider it's judgment and afford ap police an opportunity to supply omis sions of fact or to present objection to ballots which the rulings of tn trial court afforded no opportunit, for presenting, is respectfully urge that the court in the interests o justice and of the merits of tn contest shall permit a recount Q the ballots from Douglas No. l, an an opportunity for a correction c errors and the elimination of thos ballots which the court has foun to be spoiled" and 'mutilated" bal lots.
 Attention also is called to allege errors in consideration of the case of Bisbee No. l, Miami No. 1, Eagei Carter, Swansea, Cottonwood, Keo hans ranch and Snowflake.
 The motion states that if tn court considers these various pre- cincts Campbelrs majority coul still be roo; if the ballots the themselves designate as "mutilated are ruled out. Campbell would sti gain 80; if the court merely rule out the precincts first ruled out the superior court, even with th exception of Douglas No. l. Camr bell would be declared elected
 Tn conclusion" the motion say we respectfully submit that Il errors of fact and of the law al rlicahle to the facts appearing : the courts decision are such tn: , in fairness to appellee d re-hearir , should be granted so that as ind csted by this honorable court to l ito WISH dHu uSSir6 any nllSta.ki
 made by the court in its opinie may be ascertained We are conf dent that if mistakes have bet
 made by the court and these a
 ascertained and pointed out, tn
 court will be glad to avail itself
 the opportunity of correcting the
 before the entry of final judgme 1 in the case
 V The motion is signed by the fo . lowing Campbell attorneys: Richa V E. Sloan, JohR H. Campbell, Bulla and Jacobs, E. S. Clark and Jol
 L. Gust.
 Five days is the time allowed T
 law in which the Hunt attorne
 may reply to the, motion.
 Unless there is new matt
 brought out in the motion for a r
 hearing, it is doubtful that we V
 reply to the motion" declared F. \ Struckmeyer, leading counsel f Governor Hunt. yesterday.