Show WIN amig DECIDES TIIT IS a recount of four UX abury itina 1 oter thoaas F kel 1 ter er for sheriff by two vote ah two tao at and ff at 1 I 30 3 clock tuesday morning nor ning wic t judge joshua greenwood de evered ja 11 opinion in the content pro that haa has occupied the atten lon ian of the court bince mince a week ago Jo anday nr that the vote at helper and itce ce was legal and therefore dis arice ce was it gal and dismissed the al against W T hamilton Ila mllton anty commIss commissioner loner for the four rear ear term A ballinger treasurer W draper assessor as john worrester rester lurve urve S 8 A golding superintend abt at of schools 1 albert brner ar ner county i for the two year term lad ad thomaa thomas bouts county attorney while the court elated that the con corr oc tee tants had proved the allegations in the complaints with the exception of intimidation and electioneer of ag within ten feet of the polls he was unable to determine that fraud had been committed and believed that band aba electors had been bon given a fal fair r choice in their expression of prefer face for the different party bandl estt A oy myn opals of judge greenwood decision dec lalon follows DON does it lly appeal that yie h will of the people mas freely and legally given on the occasion of the eloc elocution tion at helper and price novem be br 1 1911 it 14 true aa as the testimony conclusively clue clu ively eho sho 5 said he that there were on the part of the judges of election the question Is 1 did sich irregularities omission emissions or commissions on an the part of the judges prevent an elector from casting his or her vote upon tho the occasion without intimidation coercion raud or undue influence the aut I 1 ae as th the e court read reads them contemplates a reasonable demand that the of the people aa as express d at the ballot hould should not bo be disturbed for mere for which do not interfere or obstruct the free and honest expression of the citizen and in order that there halt shall be a free and honest espres expression slon of every citizen ci law laws have been enacted to control the conduct of all the who have anything to do with an 14 elect loi that the requirements an a mide made under the law in providing juilee ii of election polling places furnishing booths guard rails ballots and other appliances ie is cimpl simpi a in meane ans to an end that the end to be attained attained 1 14 the free and un ed e AP of an elector to hia his prefer L bece nee hoi hot c which he signifies in the of his ballot I 1 am of thi th thit th it where the rights of elector electors have not been invaded the law heul be liberally construed as fa orle the legality of an election A mere irregularity of conduct which doe does not amount to fraud or which doer does pat ot interfere with the free ex pealon of the will A ill and desire of the lector should not deprive the clatl tea from leall zing the results of an vote As A I 1 view the testimony which doea does how show that there were certain irregularities and that certain act acts upon on the part of persons who were not n t judge judges were improper and reprehend reprehensible at ar one which the court aou would id A recommend aa as an example for the conducting of elections and which w WM unwise upon tile the part of the partied referred to set the final anatsia of such cOnf conduct luct convinces the court thit th it there vaa van no fraud practiced no figures changed no vote interfered with alth that all of the votes were counted and credited and in number conforming to the he tally sheets and the number of ballota ballots placed in the ballot box lind nd when we come to the probability of fraud in the acts and the conduct of the parties mentioned in n the testimony the conditions as an hown shown by the evidence show very ery conclusively the improbability of any fraud or interference in the vote otes cast cant upon pon that oc canlon capion with such views lews of the law and the tt ImonS the court 1 in of the opinion ion that tile contestant has failed to make out such a ase lase an would justify the yurt in declaring void vold the election at either price or helper and it is therefore adjudged ordered and decreed that ji jt adment ment b be entered in lew foe 0 tho conte stze atze william T lu hamilton milton the attorn attorneys tys for the contestant are now dow preparing for an appeal in the ven yen cases and the supreme court win will be asked to pass upon them tio ca of IDE them P F kelter will alao also be b appealed Pealed RD on the ground anat the vow V ja at helper waa wall illegal |