Show IJ COMMENTS COMMENTS' ON THE CONTEST I The contest in w which ich the judgeship judge- judge whip ship of tl the e Seventh Seventh Judicial Judicial district district dis dis- was was' the point at issue one Hill of Carbon county app appearing aring for W. W D. D Livingston as contestant contes contes- tant taut and Ferdinand Erickson Erickson of or Mt l Pleasant responding as con con- con con- on- on is ended The contestant failed to make a case cabe satisfactory even to his own attorneys but found ou on the contrary that almost every every p point int raised g gave ve his opponent opponent n nent nt a a greater lead in the race He consequently on Thursday the cont stee had fair fairly I y R begun g his side of th the r case case admitted in 10 open court the ther ther r r fact that the contest was hopeless had and asked that the case be bo dis dis- n missed This was done by bv the tho presiding judge and Mr Erickson Erickson declared judge of the Seventh Judicial district But little progress was made in inthe inthe inthe the case comparatively speaking The count did not g get t out of Sanpete Sanpete Sanpete San- San pete county and there there were but twenty twenty seven even dist districts c s counted in all Of these two twenty-two were introduced by the co contestant and the balance by Mr Mr 1 Erickson Errors were Wele found favorable to both Mr Erickson and Mr Livingston Livingston Livingston Liv Liv- ingston in various precincts In till nil of the accepted ballots the former gained in tb the county 13 There wore wore were left c disputed ballots ballots bal bul- lots upon which the attorneys could n not agree Of these all who watched the contest agree that Mr Erickson would have had hadla large largo I majority when finally decided Except in one case there wa was not found the slightest evidence of intentional fraud The errors were only those of mistaken judgement judgement judgement judge judge- ment or slight ht clerical mistakes In one district the third in Manti Mr Erickson made a 0 distinct g gain in of 21 over over the official countIn countIn count In dismissing the case the presiding ing judge intimated that there h had bad d' d been intentional fraud committed by ono or more of the judges One ot the of-the the contestants contestant's attorneys also alo intimated his belief of that being the case The third thir dis district ri t in Manti lanti in n which Mr MX Eri Erickson made his heavy e vy gain was tb the first one ne opened open open- open 1 open I I i ed by him The count so far had I J r I Ii I 1 j. j r 1 L n been of the tho districts districts- investigated at the request of Mr 11 Livingston No change of any consequence had been made in the results as shown by the the accepted accepted ballots but but it was evident and arid admitted by all that the was gaining slowly When the Manti third I Iwas j was reached the contestants contestant's attorneys attorneys at at- at were plainly astounded as they had anticipated nothing of the kind They finished the count of that district and went into ino four other smaller ones before admitting admitting ing that they were not making any gain When the five were finished which was early curly Wednes Wednes- Wednesday Wednesday day afternoon an adjournment I was requested by them until the following morning that they mi might ht check chec up uV and nd decide whether whether whether ther or not it was wisdom to pro pro- Immediately after after- court opened Thursday they stated that after due deliberation they had concluded d that it was useless t proceed and asked that the case be dismissed This was accordingly accordingly accord accord- done Both sides give Judge Booth for being absolutely fair impartial and honest in his decision decision de de- and general conduct The case was ably handled by the eminent eminent em em- attorneys on both sides and no possible point omitted that could have resulted in a change Mt 1 Pleasant Pyramid The Tho conclusion of the Livings Livings- ton ton-Erickson contest for the judge fudge judgeship I Iship ship of the Seventh district i j fail to prove a source of satisfaction satisfaction tion not only not only to the citizens of ot th that t. t district who ate ate 06 most directly directly direct direct- ly affected but to citizens generally generally gen gen- Long before re the count was concluded errors in inthe the first counting increased Mr Erickson's plurality to such an extent that Mr Livingston saw that his case was hopeless and withdrew If frauds were wore committed in the tho Seventh d district they were in of Livingston not of Erickson It is fair to p presume in the theli li light ht of the tho Sanpete revelations that a recount of the Carbon county coun- coun county ty ballots would have further further- increased in in- increased creased Mr Erickson's plurality The Tho Herald is v very very- y glad gild IOd indeed i i t. t fj r that the contest has terminated i in n favor of Mr Erickson We Ve d don do donot n not t say this th because Mr Erickson is a democrat and Mr 1 Livingston is a republican If Mr Erickson had acted during the campaign for forthe forthe forthe the judgeship as Livingston act acted d' d and and Li Livingston had chosen the i I j dignified course maintained hy hi I Erickson the Herald would Rould ou Jd regret the termination of the contest in I favor of Erickson I II I Mr Livingston on vari various us occasions oc occasions oc- oc c- c dem demonstrated his absolute unfitness for a judicial po position r His campaign would vo reflected reflected reflected re re- credit ac a- asard ward sard ard upon a cian It is b a good thin thing for the Seventh district and nd for for- Ut Utah h that he was Her Herald ld I The termination of othe the judgeship judgeship judge judge- 1 ship contest in the district court here this thib morning was unexpected II to the people of Mauti Mr lr Livia Livingston Liv Liv- i in ia ingston Aston ston was making gains on In the recount that thai were were very s 's satisfactory satisfactory t tory to himself himself and and friends when the disclosures from Manti district district district dis dis- No 3 seemed to indicate a aI I crookedness which Mr Livingston at once denounced and which de determined determined determined de- de him hial to lo withdraw the contest On being interviewed as to his sudden withdrawal of at the contest Mr Livingston said I I contented content ent ed to the commencement of the contest fully believing that the judges of election eJection had made unintentional unintentional errors in the count which if correct would change the results results as found by the beard of c canvassers and give me the the elec clel I t Lion tion on I consider the tLe developments in in Manti l district number three e I felt that even to win in under the circumstance would would- taint aint the office and I preferred to withdraw than proceed under such circum stances Manti Manti Messenger |