| Show DECISION LISIN I IN T THE CONTEST C CASE S Supreme Court Hands ands Down Iown an In Opinion in Election LOWER COURT IS AFFIRMED Holds That flint Refusal ot ol Registrar to Perform HH Ilk f Duties Is I SOl Not Vital Tho The court today handed 11 1 an In opinion the Judg Jud Judgment ment of oC the tho lower court In the election electon contest case caio In which II H I II I larI Irl F Ii 1 II 1 A Lewis Jacobson and ond Louis Afloat are ura contes conten contestants tants tanta and abc respondents nail u n n I Lewis Well Nel M Made Madsen n Alfred ree Neur o anti anil Trunk rank I are anti and ap up appellants Ip Tho contest Involves tho the of at flees of ot president and amid member of ot the tho board hoard of trustees of ot the tho town tOWI of ot Boo held field to which contestants claimed they were vero elected last tail full In III the lower tower court tho the cause cuno was WI decided In favor of ot con contestants COl und and tho the who were members of ot the tho tle old board were ousted from olce Tho flie contestants were vere vee nominated l by bytho y tho thin Republican party on Oct 1 1 1903 and Ind late on thin Iho same Ilmo day tho the rate cato of ot their nomination nom was wan WI taken luken to the tho of ot tho the town to tl be tiled died that being eng the th last day In III which It could bo ho Hied and Ild comply with wih the law In that respect Tue us as locked up ulu and ancl andin no in 10 one oils alI was in charge churgo no so tho tue certificate was WI mailed J III to the clerk and received by him hll this IhA next day doy There was no 10 ob oh objection to Hie thu 1 being fled no so 10 It was IlIad filed IId and the names name lt the tho were wore placed nil omi 01 the ballot bullot blot At the tho election the this regular Judges JudGe re Ie refused refused fused to receive any votes otes claIming that thai they tho had hud nut not bc b been en n furnished with n It 1 correct registration list but they did receive the votes vatu ot n of live Ivo voters voter In addi addition tion tol to their own late lata 1110 In the afternoon Tho rho electors doctors who Mho were wert refused thu the privilege of ot voting at once proceeded to 0 elect other Judges who were sworn In und antI took charge chargo o or 01 tho the election electon Hoth lets acts Ieta of ot Judges made proper re returns returns returns turns of ot the tho votes received by them They rhey were canvassed by the then thon mem tem hers her of ot thin the board boniti of ot trustees who are ore the contented III in this tItle case ca o anti and Int they the do de declared dared themselves them elvel reelected notwithstanding standing tho thu tact fact that they only re me received eight el lt votes ote while hiIe the tho contestants received froth from 76 to 63 CJ cacti Tho The opinion of ot tho the court which wan WOI written by b Chief Justice Juico and concurred In ha by Associate Justices und McCarty that Inasmuch ni nu I there thero was no 10 objection objection tion ton In writing filed agaInst tho the certificate cute cate of ot nomination within three throe days daYI the clerk properly placed the names of ot the candidates on the t Ie ballot U It I auto II holds that the failure or refusal of ot ofa ofa a registrar to 10 perform his duties dutes Is not 1 nail find cannot deprive n a qualified elector of oC the right to vote hence the tho action of ot 0 the regular judges of ot election electon i In II refusing hlf to allow certain electors to n vote ote wan wao erroneous The Judgment of ot the lower court cout Is accordingly I Personal lumn c Suit Sim II A t damage suit was wan liet In the tho district court today by Mary Morris Morril against alai nIt Dr Jr J H ti 1 Richards for tor the at al alleged negligent and Ind unskillful treat treatment mont ment of ot a broken ankle which received on Ott 1 al Sept I 1 1902 Uy Dy said alleged i negligent treatment It I Is IR claimed by plaintiff that her ankle became become de tie I formed onel HO so f twisted that she nun has hal I been bee to use tho the panic fame anti and hue ban I II for I the tho vest rust two years been be 01 compelled to move moO about on crutches liar Her In Injuries juries Jurle she he believes tire permanent ana amid oho above Iha asks damages In Imi II the tho sum |
