Show MAY SEAT HARTENSTEIN Decision in Case Rules Favorably on Point The decision in the cas cac handed down Monday hv the supreme court as by b several lawyers ors makes it possible to oust W V Mont Ferry Ferr American from the council and rein reinstate reinstate state E A Hartenstein the Democratic councilman Tho The ruling which directly affects the case Is that where the voters intention i is clearly shown despite some Borne slight irregularity or technicality In the placing of the cross upon the ballot it shall be counted as intended The decision of or the lower court which hl gave save Ferry Ferr a plurality of one over Har Hartenstein was w u the cancelling of or nine votes where the tho cross placed on tho the Demo Democratic cratic ticket was w S not in the ring under und r the rooster but above It or in front of it When tho the case caso in the lower court was decided against Hartenstein a bill of ex cx exceptions exceptions was filed and settled An appeal was made to the supreme court and the bonds were filed m d The Tho transcript was vas never filed however and the case was thought to be a dead doad Issue Now that the he decision In the tho case handed han ed down covers the th point of or contest In the case caso In hi favor of Hartenstein It will be taken up at once Lyman R fl Martineau who was as Demo Democratic Democratic Democratic cratic city chairman during durinS the cam campaign campaign has har consulted Judge W V H King ICing and Attorney Ashby Snow and others as asto asto asto to perfecting an appeal Attorney Snow will go over the supreme court decision today and if concludes the decision means menns success In the case the transcript will ivill be tiled flied Upon the face of ot tho the election returns was elected by b a narrow mar margin margin margin gin Chairman J E Darmer and Secre Secretary tary tar S P Armstrong of the American party Immediately filed d a n contest In favor of ot Ferry FerI In recounting the tho ballots In the district court each ballot was carefully examined In regard to any Irregularities I Nine votes ware counted out and cancelled where the voter had placed the cross cros I above or to tho the side of or the rooster on th Democratic ticket The court sustained tho the motion to cancel the votes and it re resulted suited sull d In giving Ferry a plurality of one vote The same Rame point was contested In Inthe inthe the tho case caso in Ogden Enough votes otes for Howell How wore ere irregular to seat sent providing the supreme court held that these votes should be bo cancelled It was ns decided however that the Intention of the voter In each case was perfectly clear and tho the ballots were ero allowed to be bo counted |