Show DEAN GETS THE OFFICE Declared Elected Councilman by Judge Lewis THE CONTEST IS SETTLED Thrsa Republicans Win In the Sscond Ward u T I Objection to Dean as an Employee of the Rio Grande Is Also Overcome C George D Dean who contested the election oC George 1C Lurbldge to the City Council from the Second ward was yesterday declared elected by District Dis-trict Judge Lewis The recount of the h ballots concluded Tuesday evening showed Dean to have received four more votes than his adversary who t wns declared elected by the members of the present Council by a majority of l 11 The question was raised by the con testces as to the qua 11 Heat Ion of Dean r alleging that he was disqualified hy reason of his employment by the ttlo Grande Western Railroad company and the court continued the case until yesterday for the purpose of introducing introduc-ing evidence on the point raised lie had declared lhnt Wood and Dean the Kopublican shortterm Councilmen had received the highest number of votes east In the recent municipal election elec-tion but he refused to declare Dean elected Judge Loofbourow at the opening of court ycsteray = submitted an Affidavit of Mr Kean to the effect that his resignation res-ignation with the Rio Grande had been accepted and that he Is 1 not officer employee em-ployee or attorney of any corporation holding franchises from the city Attorney At-torney J E Frick also counsel for the contestant argued that the court had no authority to pass upon the qualifications qualifi-cations of a candidate but the court held otherwise Judge Lewis said that in his opinion the court had the right to Inquire into the eligibility of a candidate r candi-date whom It had declared to have received re-ceived the highest number of votes In u contest Afted further remarks upon the mat tor of qualification Judge Lewis said Thc court is of the opinion that Mr Dean is not disclaimed but is eligible to hold the office of City Councilman and with those views I declare AVood and Dean elected as Councilmen for he I short term from the Second ward The actual number of votes received by the four candidates ay published In detail In The Tribune yesterday way Wood 2214 Dean 2205 Burbldye 2201 and Badger 2131 The contestee and his attorney rea lise the futility of appealing the case to the Supreme court and the decision of Judge Lewis vlll be taken as final The result of the contest gives the Republicans 4 Re-publicans nine members in the new Council instead of eight and the Democratic Dem-ocratic minority Is reduced to li i The Republican Councilmen arc from the f First Second and Fifth ward aiul the II Democrats are from the Third and I Fourth wards |