| Show r M i > 1 THE ELECTION CONTEST It TTLU Corae np Before Jadje lab on X a4trk The following was iled hi In e Third DlshidtCo rtyeaJferuay afternoon after-noon I In tie tfeJH District Court of the Territory of Utah Richard WYonng John Fewson Smith and JTuddenbam be ing first duly sworn on their oaths do aaiiat they are and at all the times hereafter named hare been citliens of the United States That Salt Lake City is tM O4m ota I ot-a municipal OoIMTtloD lstlhgunder the laws of Uun Territory and that E lJa tyWthenratcUMI 1t tnmTlns an fnhabltancy of ov7 so bflO people at and before tlt arne of the election herein inSnUoned That for tee last one and a half years they have been i and now are actual bona fide real dents of the Fourth municipal ward in said oily of Salt Lake Salt Lake County Utah Territory That each ef aald 6111al11s bas been during the period last aforesaid and Is now over the age of twenLynm years and they have been during said Period and now see duly registered i1tn and quaiiiis4 electors and freeholdera I1lbs municipal ward Uuuci said and city afore < saidlear lear towlt on the lOts day oi Feb i A lsl rsoary ISPO aant ille that there was a mnsttps election held In said city fOf the purpose of electing one dator and Cleell councilmen and i 1 other officer3 of and for said city for the ensulugtwo years 5and that at the elecbon alUants and each of them were candidates for the oOlcttot coon cumen from said i Fourth Munlcipa Ward and then und there each of them receivedW3 Votes for the efflco of councilman in aid city from said municipal ward ASms further state that they re ceived tho highest number of YOM of any person or persons from said municipal ward for the offloe of councilman coun-cilman and that no other persons or candidates were voted for said of ice except three whose names are a follows Louis Uohn towitt and Lucius Wooden E P Hall Koble ami that neither of said candidates last aforesaid received a great a number of votes a were cast h favor of aOl ants and that said three but named name persons obtained only s votes that were c In said municipal ward at said election for said offlccj of councilmen council-men therefrom oces counc Affiants further state that they are nformed and believe that one Klijah an 1 Sells has been named and Eia nsme h by the duly qualified officers of the law to issue t the persons obtain log the highest number of votes and he one authorized to hold said offlcy a certificate of election or a certificate to that ell aud that afnts oerlcle acting on bald information and belief aob qaent to said 10th day of February 1500 applied to said Elijah FA Sells a such officer and duly requested I him to issue to them th said certificate crf rate showing that they were the par ties so elected to the office aforesaid and each of them but said Sells then and there declined and refused tokens raid ceitlficate to them or either of i them Wherfor affiants ask this honorable honor-able court to issue a order to said Elijah 1 Sells commanding him to issue to each of said clOsets a certificate certifi-cate of their election the cle eleon to office of councilor of said city from said municipal muni-cipal ward or in default thereof to how cause why he did not issue said certificatebefore this honorable court at the hour of 10 am on the 17th day of February isRzcmaD RICHARD W YOUKO Joins FEWSOS SMITH W J TUDDrsiLUJ Subscribed and sworn to before me this 14th day of February ItM I II WADDELL Notary Public The following certificate of the vote in the Third and Fourth pre incts accompanies the affidavit Xnmber oIn votes received by the counciimen in the Third and Fourth municipal precincts of Salt Lake city s shown by the official can vus THIRD rsrcxxcT U Pembroke 3 taa Wolitenbotme 363 F 0 IL W Hardy Araitronc f Im m Ill 716 UiA rant Folland JL IJyde 705 707 rousT rsLcif CT W F Noble SM Lonll Uohn Q 1 K HOI m Vloung 4J Uliam JanddeBaam < J Jewon canS s I s ECRETARTS OmcE 1 TtKRirouY OP UTAH 5 a I Elijah Soils secretary of the Terri ory of Utah do hereby certify that the above and foregoing is a foil true and cr copy of TOt cast for coun cilmen at the last mun clpal election held on the tenth day of February 1831 in the Third and Fourth muni cl al precincts of Salt Lake City Utah In testimony whereof I have here unto subscribed my hand and affixed the great seat of the Territory Done at Salt Lake City Utah this 13th day ot February A D 1833 bEL KuiAU SELLS Secretary of Utah Only the Fourth Precinct is a Ing in the contest as the result will also decide the Third Precinct Jponthe affidavit fled Judge Zane sued the following writ of man datec Be I remembered that on this toW tnt day of February ISvO Richard w Younp JonnFewoen Smith and William J Tuddenham filed their written affidavit in this court therein stating that they were and have been for over one year last past bona tIde residents and freeboders of J Fourth Municipal Ward In Salt Lake City County of Salt Lake Utah Territory ritory and therein lawfully registered lectors and voters that on r dayef February 1690 they were re fdJ pecUrely candidates for the office of iiuncilmen hi said city of Salt Lake In said county and Territory and that they received and obtained a majority of the votes cast in said municipal ward for said office of Councilmen and that they are locally entitled to a seat and place in said municipal coon cit for the ensuinglwo years AlbanIa further rt that they and each of e them have applied to the defendant herein as canvasser of the votes in and for raid cltyan required and requested request-ed that said defencant 1suo lo them and each of them a certificato of their election to the office of Councilman of said city That notwithstanding the aforesaid facts and allegations in said cmplot the sid defendant ha r nted and still dons refuse to issue sid certificate to their injnry and damage Vow it appearing from the affidavits of odJt albanIa that they have bceu duly elected to said office aforesaid and that the said defendant I withholding with-holding the said certificate to their injury In-jury and harm you Elijah I Sells canvasser of the votes for said cite are hereby commanded to issue to said albania and each of them a certificate orele of their election or to show causa b lore this court why you do not issue sid certificate at 10 oclock a m onto on-to 17th day of February 1SOO at the ourt room I Salt Lake Cur CSZAXK Judge As the certificates of election have already been issued to the Liberal candidates Secretary ells will appear on Monday to show Ifap why they should not dt 0 kse to the Peoples candi |
