| Show FETI P AH S MO all WINO progressives win eight contest cases and hold all but one office in the court house well wall capitan marko Br Braf Tetto has marched his mixed army of republican and democratic allies up the hill fired his wad of wind and marched down again and the only thing he accomplished was to lose the office of sheriff it came about in this wise at the last county election marko had bad fathered a it bunch of chronic office seekers composed of alleged republicans and democrat democrats he took personal charge of the campaign and conducted it so brazenly on the boss plan as to drive away enough votes to elect the progressive democratic ticket with only two exceptions then marko conceived the scheme of going goin ginto into court and taking from the successful candidates of the opposition what the people had awarded them fraud gross irregularities and several other terrible sounding things were alleged on monday of last week backed by two other alleged lawyers from salt lake city marko appeared before judge greenwood in his endeavor to thwart the will of the people he was opposed by a young lawyer named stanley P pi ico of this city and two seasoned veterans of the bir bar judge S R thurman and judge D D houts of salt lake the case ran an even week during which time every wi witness t who claimed to know anything to the discredit of the progressives was brought to the stand to testify this galaxy included a socialist who admitted he had bad been assisted b by y Br affetto in securing employment with the utah fuel company a young woman who is an a h inmate in of one of helpers unquestioned resorts a big fat thi tinhorn horn gambler and a town marshal who allowed the saloons to remain open until two on the morning following the election af after ter the witnesses for both sides had bad bean heard and the lawyer lawyers and alleged lawyers had talked themselves hoarse judge greenwood OB on tuesday morning delivered hie ble opinion which was against the seven pretenders to the offices held by progressive democrats and was in part in the following language does it satisfactorily appear that the will of the people was mas freely and legally ghen on the occasion 0 of the election at helper and price noemi november I 1 er 3 1914 it Is true as the testimony conclusively clush clu cly shows said be he that there were ere irregularities on the part of the judges of ut election the question Is did such I 1 bregu i trl ties omissions omission or r commiss commissions iono on thi part of the judges prevent any elector rom from casting hia his or her vote ote upon the tho occasion casion be without intimidation coercion fraud or undue influence the authorities as the court reads them contemplates a reasonable demand that the will of the people as expressed at the ballot ballots should not be disturbed for more mere formalities mali ties chich do not interfere or obstruct the free and honest expression of the citizen and in order that there shall bo be a free and honest expression of every citizen lans have been enacted to control the tho conduct of nil all the parties who mho have anything to do with an election that the requirements as made under the law in pro providing judges of election polling places f furnishing ur booths guard rails bal balat ballots lt and other appliances la is simply a f M menns to an end that the end to bo lie attained la is the free and untrammeled expression of an elector to his preference c choice which ho lie signifies in the marking of his ballot I 1 am of the opinion that where there the rights of electors have hane not been leaded lna ina ded the law should bo be liberally construed as favoring the legality of an election A mere irregularity of conduct which does not amount to fraud or which does not interfere with the free ex pers pors slon gion of the will and dedire of the elector lector should not deprive the citizen zen from realizing the result results of an honest vote As I 1 view the testimony which does show that there were ere certain irregularities and that certain acts upon the part of who ho were ere not judges were improper and reprehensible and one which the court would not recommend as an example for the conducting of elections rand which aich u was as annn unwise ise upon the part of the parties referred to vet et tho the final analysis of such conduct con convinces inces the court that there was as no fraud practiced no figures changed no vote ote interfered with that all of the votes otes were counted and credited and in number conforming to the tally sheets and the number of ballots placed in the ballot box and nhen we come to the probability of fraud in the acts and the conduct of the parties mentioned in the testimony the conditions as hov by the evidence show very conclusively the improbability of any fraud or interference in the votes iotes cast u upon pon that occasion alth inith such views of the law and the testimony the court Is of the opinion that the contestant has failed to make out such a case as would justify th the court ourt in declaring void the election at either price or helper and it Is therefore adjudged ordered and decreed that judgment be entered in favor faor of the william T hamilton while the opinion was rendered in the case of leers lee rs hamilton it had been stipulated that whichever cherer way the decision went it was to coverall cover all of the seven oases brought by the braffet crowd on this account judge greenwood directed that an order should be entered in the records showing that the following were duly elected to office and the contests brough io oust them were by the court dismissed william T hamilton and albert bryner county commission commissioners e rs thomas fouts county attorney alpha ballinger Ball mger county treasurer sebron W goldmer golding county superintendent walter N draper county assessor asse isor and john B forrester county surveyor in giving a TO 1 diet to the above named the court also gave them judgement jud gement for costs counsel for the disgruntled bunch intimated that the case would be appealed but it is quite quito probable that in ir the cold gray dawn of the 44 morning mor cing after this conclusion will be altered |
