Show 11 MUR ER ov D 13 ov ON ST nral allegations to idt B lengthy one wany ay WIt nesme by ali th aidem from imper price lidee afi 1 buom fluom flatter latter of It ecord ale yesterday afternoon judge enwood oer overruled ruled the demurrers ako tko e cont contesters estees in the election con A cases of Afe VB va pouts fouts etva bryner Colling collingham harn vs dra lee ve vs hamilton Alar cusen a 61 ding ng hill vo PL ballinger and wet I 1 L correnter Fer For reeter renter the i decision of the court came after ibee daba da a of argument by the actor p in the case in n which aich the contest itil are fire represented by attorneys At tornes V braffet ferdinand ErIck erichsen sers ani an A icing ing and the cont contee esteen tees by at orneys ya 8 9 it thurman S 8 C price ild 1 I 1 D floutz Conten tees demurred to the corn i blunts on the ground that they did dt tte state facts sufficient to constitute cause of action in other word words that is facts inthe in the complaint complaints ere not to throw out the te it at helper liepper and at price Irol lowing the decision dec talon of the court all of the cases commenced this ing at 9 30 contestant 4 allegation allegations ta bleir complaints the contestants contee tanta the following allegations in reto ard the helper district and which in now iw up for proof proofs t that lt the voting in said district waa wan rough gh error fraud mistake and All induct on the part of the pred judges of election tor for the awn n that it S allison Al lleon sam tells and anoch bryner brimer were ap hinted sd by the board of county com corn assigners Assion ers of carboni county as an the 7 dam of election of helper precinct ut hat that none of aid persona persons so aped ollitee took or subscribed to the or oath of office and chat a no person qualified as a judge of tiou lection lec oa in said mald precinct and further bat aid said stein and anti briner caused to t opened the azaled package con ig the boffl tal ballote ballots of bald said ct in the absence of the bald said al 1 son that said pretended judge judges of on fatke tn to provide any guard ai or ir other os 01 any means obstructing trusting truc ting bystanders byet andera and electa ars from approaching within six feet g lay y other at tance of odthe h e ballot ox or r of the voting booths s 0 or r corn Art ments and that no obstruction or on was erected or provided ded hereby eby the approach of batan derr r other her persons could be or was prod pred rented and that by reason of which YEt daere spectators and the general abilo a nere ere illegally permitted dur ne all II 11 hours from the opening of the vald until the close thereof to be and emala in in ilose close proximity to and athin n the prohibited distance of the t box and the voting booth booths and apartments part arn ments nth eo so that privacy was nut not ded the electors and that cecur tr front om observation interference in allun dation and annoyance bontem isted by law an and proper vere en entirely tirel disregarded and that numbers of p boons vere mere perd bitted to remain wit jin a distance of us than titan six feet of the ballot box and compartments during vir 1 all the time from the opening M the ie closing of the polls and were permitted ermit llred ted to intermingle with voters xelle i in the act of obtaining ballute ballots 1 nd voting at said election the contestants further allege that iwa pretended judges of election perd bitted william T hamilton candi late or the office of county commis abner r for the tour four year term and J r pitch itch candidate for the office of tat represent representative atie to be and remain tt the le entrance to the room where uch election waa was in progress and athin in twenty feet from the ballot lox here where votes were being deposited during nearly all the time while ouch election was in progress pro gresa said alu judges permitted said ham itam ilion and t P itch to there electioneer aad to annoy persuade intimidate influence voters and persons com corn 1211 to bald said election place for the pur DOG of voting by entreaty conversa ion and nd argument and to post and posted outside of the room ivi ersin ln uch such election was in progress a epic ample ballot marked to indicate the ballot might bo be cat cadt for or the candidates at aich elec tall and nu that a large number of vo vers ere subjected to such interfere fence annoyance tenno yance intimidation and aalon of such candidates that at neveu clock the a declared the cloned and excluded from the 1 the general public thero there as ae ild bled and locked the doors of said 1 and that only a few persons B bey key to the door 0 of aid said oom were permitted to enter except I 1 leoh who entered by the TISA tIOU 0 permission of 0 persons posa biell of such a key and that such ake were possessed only by william T allton joseph Bar barbaglio boglio and ni cook and that such malcon buot was way committed with the knowl dge and nd consent of the pretended ludgey of 0 election t said judges tied one I 1 D ID D holbson to elec KM within the polling roo room in on of the progressive can candidates di dates L V private avate citizen was wan permitted I 1 enter her the polling prece P lace and to ia ae continued to pace eight 0 ONIS lIfS DMU R ND ARE oy L continued from page one access to the ballot box and the ballots therein contained about 3 clock the following morning and allowed d him to sort ballot ballots and otherwise tamper and inverters Inter In e with them that after the closing ot of the polls a the said judges of at election caused the voting booths to b placed against the vill in dowa dows of the room wherein the election was held aj as to effectually exclude all observation through such window that sa eadd id william T hamilton at different times luring during the night of november ad and in the early morning hour hours of november ath th assur assumed ned t to act and actually did a act ct an a judge of aid said election and actually took posses pion of and made entries upon one of the official tall tally sheets and participated in the count of the official ballots 1 and was allowed to relieve and take the place of at aid enoch boner who at different times went to a distant part of the room and slept while said aid hamilton acted in hia his stead that said lid ballot box wae waa not kept locked sa 3 that the ballots would le e frei from being with alth grounds of content in 11 in the price precinct facts alleged as grounds of contat are an fol Ot lovse teis that at a meeting of the board of county commissioners boners on april ath 1913 three election precincts were created in district that on october 19 1914 the fol following loing election judges were named by the commie loners 1 john mathli john potter and john II 11 pale judgeton of district 0 no o I 1 which should include all namee names from A to G john prince beren oleen olsen and john A forayth forsyth judges of district no 2 which raould include ln lude all names from II 11 to N george tau kau mett kd ed olson and george E ockey judges of DI dritt no I 1 which should include all names from 0 to Z that judge judges of election within said price and that the voters had no mean means of knowing the location of any of the voting precincts therein and that no territorial boundaries or geographical divisions or designations berei maddt or attempted and that by reason of such failure on the part 0 of f the county no valid reg of the olera of either of aid pretended three election pro pre cincis wan was made or kept and no valid legal elect election lon vias had within either of said pretended election districts and no alad or legit leg it votes otes ii were era cant cast therein for the reason that such pre tended d di strita have no real axim ence that one matt gilmour Oll mour a mem mom her of the progressive party was chonen chomen to act as the registration agent for each and all of three pretended election districts so that as to at least two of such pretended election districts no qualified registration agent wax as appointed to act or acted th contestants i further aver that neither john mathi mathis nor john pace nor john potter were qualified electors of district no I 1 and that neither of them had bail the right to vote in the district which aich they pretended to rep rement A similar allegation Is made in reference to john prince seren of 01 sen men an and d john A forth nl d judge of district no 2 in dl ihrl I 1 no ait 3 it Is averred thit george I 1 ill its hett mett was not a qualified elector of pretended district no 3 uy by reacon of these alleged irregularities the c n tem tants tanta aver that all of the otea cast ast in the three districts fraudulent and void and that the said julias bed r HU to count them or inc 03 1 abeta 11 in he the elet election tion rt r t no court room r 1 the th c center en ter of inhere A in price sin ainoo cc the ca wai called at 2 clock ion nion day afternoon afier noon has ha been at the di district oric court room where the contest pro eddings have hae been in fit progress each day lay it has been packed with eif and much speculation waa was in bulged in an to the outcome of tle the demurrer arguin argurn ent on which lasted until I 1 clock yesterday icet erday af the contestant contestants have hae won non the first important step in the by the he de cislon of or the tile court in its it refuse toa to a sustain t the he demurrers and it I 1 now up tu to them to prole proe the athea all blows in their complaint complain tm if it they are to be le in the final outcome attorneys Attorn on each side ade predict that the trial of the esses will not be finished this week bach each side has subpoenaed a large number of witnesses from helper and it Is stated some ver sensational testimony will be introduced in the price precinct the allegations are almost wholly matters of record and in the trial as far as the contest pertaining to this precinct Is concerned very ery little evidence outside of th record will ab be offered |