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Show day, December 1, fixed as date for settlement set-tlement of final account. , A KNOTTY PROBLEM. Testimony in the Election Contest is Side-Tracked For a Decidedly Tough Question of Law. THE LIST OF ILLEGAL V0TEES- Jndge Anderson Is In Doubt aid Adjourns Ad-journs to Enquire Into the Authorities. Lawyer Loofbourow and the respondent respond-ent getting a little off schedule time it was twenty minutes after 10 o'clock this morning whon the third day was begun in the Ferguson-Allen "lection contest before Judge Anderson. The court was not in first-class conditional trim and del ays were, manifestly, anything any-thing but agreeable. Howeve ho af- fected good nature and another chapter was opened. Mr. Scott, one of tho judges at poll 8 in Bingham, took the chair to testify to his qualification and appointment as a judge. It having been regular counsel for contestant rested and the case for respondent was opened. Albert II. Kolley, who resides in Salt Lake, was placed upon the stand. He testifi ed to having filled the position of judge at poll 1, second precinct. Mr. Brown Wo would like to know at what count in the defendant's reply counsel Is now directing his proof? Judge Loofbourow At the first count in the cross complaint that in poll one second preciuct two votes cast for the defendant were destroyed. Mr. Brown Our object in making this inquiry was to file objection to the right of respondent to file a cross complaint com-plaint alleging that illegal votes or any irregularity occurred. Had he desired to have done this it should have been filed within 40 days after the election. This is specifically set forth by the statute and that our position is a correct cor-rect an assooiate counsel will show. This was the signal for a protracted debate, The whole train of proceedure was run off on to a side track while a fierce wind of argument brought forth an exceedingly delicate and abstruse problem. , iteuuing irom the statute ana citing California and Alabama authorities, Mr. Bawling contended that the samo was required of respondent in filing his pleadings and complaint as was required re-quired by the contestant. This shoul d have boon done, he argued, within forty days after proceedings were bo-gun, bo-gun, and having failed in this, the right to a cross-complaint had perished. Again the - statute which Is a copy of that adopted in California prescribes that it is the duty of respondent to file a list of illegal voters vot-ers with contestant throe days prior, to the beginning of the trial. This had not been done until tho' first day of the trial and the right to show at this time that illegal votes were cast for the contestant con-testant is denied. Judgo Loofbourow contended that it was not incumbent on the defense to file anything whatever within the forty days limit that the summons to appear ap-pear was not notice to plead. His defense began with the trial and until that was opened no filing of whatever nature was mado an obligation obli-gation under the law. He had ' been regularly declared elected by the board of canvassers, and for him to have cited illegal votes would have placed him' as contesting the election by which he had secured his office. Such a proceedure was unheard of, that the incumbent should file notice of contest. He had a right to make a defensive fight by citing Illegal votes, and it was not required of him to file the list at any time. The list had boon given contestant at the oponing of the trial, which act covered cov-ered all the requirements of the statute It is simply this that we may serve our list when the hour arrives to plead. Mr. Rawlins denied this and said the remody was for the contestee to have pleaded lack of time in which to prepare pre-pare and file his pleadings and to ask continuance, The statute, he contended, contend-ed, admitted of but one constructed. It was plain that the list of illegal votes should have been served on contestant three days before tho trial. A legislature legisla-ture who iutondod anything else did not have a vory acourate notion of justice. jus-tice. Counsel for defense, he claimed, had sought to keep its hand under cover until it was too late for the contestant con-testant to successfully meet the cross complaint whioh alleges that illegal ballots were cast at Big Cottonwood, Butler, Granite, West Jordan, North Point, Pleasant Grove, Kiverton and Silver. They were not in easy roach and the notice should have boen served as required by statute. , The court thought that in ordinary cases the same rule applied to tho contestee con-testee as to tho contestant. Full and adequate opportunity should be allowed al-lowed both-sides for preparation. It would seem a hardship, however, for contestant to come in and show that illegal il-legal voles were cast to elect his oppo-nent oppo-nent and it would be equally a hardship hard-ship to allow contestee to come in and allege the casting of illegal votes for contestant without giving hiin tho right and time to meet it. , The court being in some doubt, consulted con-sulted his watch and at 11:45 adjourned, saying ho would deoide upon the knotty problem at 2 o'clock this afternoon. Tho argument throughout was listened lis-tened to by a large audience with in-tenso in-tenso iuterest. At 2 p. m. tho court ruled in accordance accord-ance with tho California decision that tho contestant was entitled to a list of tho illegal votes throe days bofore the trial. Judge Loofliurow tendered the three days at this time, and to that proposition proposi-tion Mr. Brown is now speaking. Frnhate Court, The calendar shows the following entries en-tries in this department! Estate of James Hayno; order made fixing Saturday, November 29, as time to hear petition for distribution. Estate of S. A. Chase; bond of Miriam G. Chase, executrix, approved. Estate of Thomas Heath; petition of settlement of final account heard and account allowed and distribution made. Estate of James Casey; petition of probate of will read and will admitted to probate; letters of administration issued is-sued to Patrick Phalen and bond fixed at $1000. Estate of Thomas A. Robinson, petition peti-tion for probate of will heard. Letters testamentary issued to John B. Hensier with bond in the sum of $4200. Estate of William C. Jenkins; distribution distri-bution ordered as prayed for. Estate of Sarah Jones Daaford; Mob- |