Show A PECULIAR SUIT W J ALLEN through his attorney a person named ferguson Ferg uBon has brought suit against richard W young on the ground that the latter has damaged the reputation of complainant to the extent of and caused him an expenditure of the alleged grievance is that mr young caused the arrest and examination of bf allen alien on a charge of having committed a criminal breach of the election laws by which he mr Y was robbed of his right to a seat on the school board of this city were it not for the annoyance to which a respectable citizen is subjected in consequence of it the damage suit would assume to our vie view w an aspect of hilarious absurdity we take it to be beyond the limits of reason to anticipate notwithstanding the practical abolition in ila utah of trial by jury that the complainant expects to receive a cent we no more believe he will than we do that he has been damaged by the defendant to the extent of a mill we are of opinion that the boot is on the other foot and that it is the defendant who has been damaged and that in the language of commissioner greenman that point can be determined by civil action on the part of the ca contestant afe atu ff we g go 0 ru further ither and express the belief that if the contestant should plant a civil suit against allen alien et al providing the courts would do the right thing in the matter the plaintiff would be sustained the grou ground of this belief Is 19 the character of the facts elucidated in the examination of the charge against allen alien among them were these at the poll in the fourth precinct at which allen alien in his hia capacity aej as judge deposited or otherwise the ballots voted the peoples peopled ticket on which was the name of richard W young as a candidate and only were counted for him there is proof of crookedness A wrong was done to mr young and the public especially the persons who voted for him whether allen alien was the guilty man or not suspicion naturally fell upon him because he be was the person who handled the ballots depositing them or otherwise when handed banded in and extracting them when taken out of the box this strong presumptive position appears to render the allegation of malice on the part of the plaintiff as ridiculous as that to the effect that mr young procured the publication of the fact of allens aliens arrest in certain local newspapers including this journal during the examination of the charge against allen alien a number of witnesses testified to witnessing suspicious and irregular conduct on his part at the poll in his bis decision the commissioner said A large majority of the witnesses when questioned admitted that their ballots were received and deposited all right they saw nothing wron wrong 9 while the few who noticed what they term something out of the usual order of business admit that while they noticed those strange things they did not remonstrate or say anything about it af this admits in a milk and water way that the evidence given irregularity which is further sustained in diluted shape by another quotation although point pointing ipg toward discrepancy cre pancy and irregularity in the conduct of the election at poll no 2 fourth precinct at the july election the evidence does not disclose the fact that the defendant did anat anything hing wrong at least sufficient to support the charge against him i thus thug the commissioner supported the fact that the evidence pointed toward discrepancy and irregulars irregularity in the conduct of election at poll no 2 11 this also upholds the point of justifiable suspicion that the discrepancy between the number of ballots tendered by e electors and those counted was owing to this irregular and discrepant conduct con ducton on the martof part of alien consequently the alle allegation gailon of malice on the part of mr young in having him arrested appears in the light of an absurdity the language althe the evidence does not disclose the fact that the defendant did anything wrong aj ai least not sufficient to support the charge made against him is a qualified phrase it amounts amounts to saying that he d did id some wrong but not quite enough wrong to sustain the charge then occurs the question as to how much of election wrong does it require should be done by a liberal to prove a charge against him before a liberal 1 1 COMMISS commissioner IODer we believe without qualification that on the ground of the opinion of commissioner greenman Green mau alone biased in favor of allen alien as we hold it to be the suit against mr young would not be entertained by any court of justice worthy the name if to this is added the testimony given before the commissioner to which we do not think the magistrate gave sufficient weight when it bore against the defendant the ground of thel the complainant in the civil suit is as 88 we regard it swept away we do riot not suppose for a moment that mr J W allen alien who appears to have so many al aliases lases that he be could not remember them at the examination bartender bar tender ex policeman footracer and denver political operator will make anything out of this latest move indeed it is a question in our mind as to whether it is not a liberal intimidation card an intimation that all who seek to apply the la w to persons persona suspected of liberal trickery will be pursued we observe that one of our esteemed co temporaries in treating upon commissioner Gree Green mans opinion in the allen alien case besides puncturing its logic assails its grammar we think however that in a matter of that kind orthography or syntax are secondary considerations good sense and a respect for justice cover a whole multitude of errors in grammar unfortunately the opinion did not have the these two wo elements to any extent but the fact should never be lost sight of that there are great numbers of educated fools and not a few illiterate philosophers it is a matter of satisfaction however that the commissioner introduced just j enough that was good in his bis opinion to exhibit in our view the flimsy character of the suit of allen alien against young |