| Show I DECLARES WELL HOWELL WAS VAS DULY ELECTED Supreme Court Renders Decision Decision De De- in Ogden Judgeship Judgeship Judgeship Judge- Judge ship Case SAYS NO FRAUD APPEARS Matter of oC Irregular c llo Held Not Covered Co IJ by Complaint The Ogden judgeship contest be between between be- be tween Judge J. J A. A howell and Daniel Hamer has been settled in an opinIon opinion opinion ion by the Supreme court handed down late last evening In which Judge J J. J A. A Howell Rowen Is declared to be duly ul elected and qualified as the judge of the Second Judicial district at Ogden The opinion was written b by Justice JusticeS S McCarty McCart and Is concurred In b by Chief S Justice Bartch and Justice This is tho ho case cuso wherein the election of or J. J A A. Howell to the district judgeship judgeship judge judge- ship at Ogden den was contested b by DanIel Danid Daniel Dan Dan- iel id Hamer the stenographer of Judge H. H II who was Judge Howells Howell's opponent on the DemocratS Democratic ticket The Judgment of the trial court court In Inthe Inthe the lie contest was filed flied Doc Dec 21 21 1904 1 the election having taken place NoS Nov No S S. S 1904 1 This Judgment rendered by Judge C. C W. W Morse of or the Third DIstrict District Dis DIs- net court who tried the case caso In Ogden Og Og- Og- Og den deli was In favor of Judge Howell and declared him to be the duly elected elected elected elect elect- ed Judge of oC the Second Judicial dis dis- It was from this decision that appealed to the Supreme court Sees Secs No Fraud In the lie opinion handed d down yesterday yes yes- the Supreme court holds that It can see gee no evidence of fraud or bribery and that It cannot sc see wherein where where- in iii Judge Morse erred frred In holding Judge howell to have ha been duly elected In relation to the he charges of Irregular and defective e ballots the tho court holds that In deciding the tho Issues adverse adver e to the trial court did not err for forthe forthe the he reason that tho the complaint In fn this regard was sas not so o drawn that it covered cov coy ered this issue of the lie case not having hay hav lug ing alleged these thes facts The appeal leal being taken on issues outside of the complaint upon which Judge Morse ruled In favor favol of oC Howell the appellant appellant appel appel- lant has no ground for complaint upon this phase of the case The decision of the Supreme court coui affirms the lie Judgment of Judge Morse foise ron e and declares Howell to lo be duly elected and qualified I- I 4 |
