Show FIGHT IN THE SECOND Burbidge Now Wants All the > Ballots Counted f f ANSWER AND DEMURRER i 5 Wants Lorin J1 J Wood Made 1j j Party to Contest f I Democrat Alleges Many Errors Were Made by Election Judge Against Him and in Favor of Denn I I George 13 Burbidge whose l election to the City Council from the Second ward I is beJrg contested by George D Denn ycKlMilay filed a demurrer and answer to the complaint oi the Republican nominee In the District court The demurrer de-murrer Is 1 bid on the ground that the couJt has no jurisdiction of the matter unless Lorin J Wood Is also made a party to the complaint Inhis answer II E Brbldge denios the allegations of i Dew in regard to tho alleged errors on I the part of Die judges of election in counting ihe ballot On the other hand the Democratic nominee claims that of the errors were made in nearly all t districts and in Deans favor The grounds of the demurrer are as follows 1 That this court hab no jurisdiction 4 t of the subject mutter of this action fort that for-t it appears upon the face of contestants statement and complaint h herein thnt the subject matter in said I controversy ih I not before the court and j cannot be before the court unless Lorin I J Wood Is made a party I > thereto if 2 That there Is a defect of panics defendant herein In that said Lorin T Wood is I not made a party thereto for thftt said George D Dean appears by nM complaint to have received 222fi votes auld Lorln J Wood appears to liave received 2230 votes and said George 13 Burbidge appears to 1111 received 22H7 votes and it Jlellrf that said Wood and Bur 111de have been duly declared elected upon which allegations it I 1 becomes necessary to have said Wood J liefore this court to adjudicate his right In case nn actual count of the I l bnllots phows that both Dean and Eur 1 bldjjo received more than 2230 votes I a i Thnj said complaint Is unln e telllKlble In that it does not indicate I wimt disposition la to be made or cant can-t bf made of Wood and his election cerT cer-T tlteiile and adjudication of election by S suit canvassers in case the actual count of voles shows both Dean and J Burbldgc to be ahead of Wood 4 That nald complaint and state m nt does not state facts sufficient to constitute a cause of action or contest I against this defendant J OurtjKJsft denies In his answer that Den Is now or at any time was PQrR1F ell of all or any of the quallflca vWnp I prescribed by the Constitution and th 1as of Utah for the office of Coun Vman of Salt Luke City and toLl to-Ll contrary lie alleges that Dean Is A disfiualllled from the position by reason i of his being an employee of the Rio Grande Western Railroad company which corporation holds valuable franchises fran-chises from the municipal government The answer denies < specifically the alleged I al-leged 1 errors In counting made by I Dean hut on the other hanr alleges I thur the judges of election made errors in favor of the Republican nominee and atlt that his majority should have been i much greater than it was A total ot I 1 thfe alleged errors according to the < risvcr ol Burbidge I would amount to 1 out J 209 and more ballots in his favor than uJ oj 5 wits shown by 1 the officials by the City 4 Council It I In the Twelfth district Burbidgo 4 claims that he should have received 170 J voles instead of 1077 and that Dean 15 shorld have been accredited with only J c Ki instead of 207 in the Thirteenth dp I trli t IJurbdgc claims ISO instead of j J 171 and that Dean should have had rd IflO Instead of 1Jt 1 in the Sixteenth Bur 1 bidgi t claims 115 Instead of H77 and nays Dean should hive had 220 Instead of LW In the Nintecnlh Burbidge clelms 110 instead of 107 rind that Dean got only 127 hiHlcud of 1JH In thr I 1 I TviMitleUi Burbidge claims MO instead of 119 and iays Dean got not more than I 360 Instead of ISO In the Twentyfirst BurblMge clalnin 103 Instead of 97 and of says Dran got 120 instead 01 137 III the iU Twuntyjjrcond Burl idKe claims 10 iri Etoad of 11 and siy Dean got 200 In iJfJ b l tmd of 100 ir I the Twentythird Bur i bldge flajn 110 Instead of 10 and ct nay Dean ot 117 instead of 10J In the IJII 1 Twentyfourth Bnrbldge claims 7i5 in J Btead of 63 and snys Dean got 102 Sn f 11 1 sttart of 101 In the I TwontyGfth and > Twentysixth districts it is claimed 1 thnt ii ballots thrt rhould have been counted i 11 for 3i rbldgo were not counted and rJ that rome that hould not have been lit counted for Dean were counted IJ I Burbidge asks that Wood be 1 made a I party in the full md that nil the votes cost bo counted that lie be declared the rightfully okKed Councilman as It l ncninst Dean and that the proceedings Instituted by i Dean be dismissed The CBKC IK fet for hearing In the District i court tomorrow motring1 |