| Show SUMMIT C COUNTY ELECTION DISPUTE in the matter of the summit county election contest tried in the third div dia brict triot court on saturday and a report of the proceedings in which appeared in that days issue of the NEWS judge ane Zan elate late in the afternoon rendered his decision his honor said odd in substance it appears that there were three candidates tor for the office of treasurer of summit county mr young received votes mr doming deming votes and mr rich ardson a less leas number than the other two mr young contests the election of mr deming on the ground that seven votes were secured for him in coalville Co alville precinct which were not counted owing to the ballots having been placed in the wrong box and alleging that he would have been elected had the said ballots been counted it appears that the ballot boxes were placed on a table one for the city ballots and one for the county ballots the question now is assuming that the county tickets were placed in the city box can they be counted and second whether or not all these tickets had mr youngs name on them the evidence on this point is slightly conflicting although mr callis swears that he found all of them that he be looked at them and knows that they were straight democratic tickets from the evidence it is clear that the tickets were in the wrong box but the voters must have intended that they should be deposited in the proper place as a man would not vote for a county officer and knowingly deposit his ticket in the city box I 1 am disposed to hold that the tickets thus deposited in the city box should have been in the county box the evidence is conflicting but the preponderance of it is to the effect that the tickets were all nt at raight democratic tickets in poll no land that the ticket thrown out of poll no 2 was also democratic the weight of the evidence therefore is with the plaintiff and the question now is whether or not the tickets should be counted the me judges evidently took the tickets from parties e titled to vote but the tickets we were placed replaced in the wrong box the court finds that the intent of those voters were to vote for the Damo democratic cratic candidate the votes were received by the judges and a reasonable and just J rule in this case is that the votes should be counted there appears to be no bad faith on the part of anybody and the question is whether putting the ticket in the wrong box should shoula prevent it from being counte 1 1 I am of the opinion that these votes should be counted and hence I 1 find the issues in favor of he plain plaintiff tift on motion of attorney arthur brown for the defense a thirty days stay of execution was then granted in which to file a bill of ex one |
