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Show Maginnis Roasts Former Judge RoKapp Election Contest Case Takes Spicy Term at Ogdcn While Closing Clos-ing Issues, Spoclal to The Tribune. OGDEN, Utah, Feb. 7. Judgo Morso today to-day handed down his opinion overruling over-ruling the motion of defendants ln the Howcll-llolnpp election contest. In rendering his opinion Judgo Morse held that a contest to tho office of District Judge could bo tried ln tho District court, and that tho action was properly brought, and therefore tho motion to quash the citation should be denied. When court convened this morning Judge Power's concluded his argument and Judge Maglnls closed for the defendants. de-fendants. The Judge argued that where it was contended that the Judgo was chosen by crlmo or fraud It was then thero would be cause for removal bv tho Stato Senate. He also stated that whon Judge Rolapp made a citation In tho caso. 'ho undertook to stretch his Judicial arm further than his Jurisdiction' extended. Ho reached over the fence simply by reason rea-son of the fact that ho was ln ofneo and undertook to exorcise the power of his olflce for his own endB." When court convened after the noon recess re-cess a demurrer was Interposed, and upon the statement of Judgo Heywood that the arguments on the demurrer would occupy all the afternoon witnesses were excused ex-cused until tomorrow morning at 10 o'clock. Mr. Kimball then read tho demurrer, de-murrer, which was a somewhat lengthy one, and wns signed by Heywood & Mc-Cormack, Mc-Cormack, W. L. Maglnnls, James N. Kimball, E T. Hulanlskl. It Is on tho genernl grounds that the complaint Is unintelligible un-intelligible anu does not stato facts sufficient suffi-cient to warrant the relief prayed for. |