Show F 11 THE CAPITAL monster petitions against Excess excessive iva city taxes aims 10 OF the contest oyer the hi counting of 1 I ballots fr for le corder of f salt lite county being I 1 olis cussed ii in court SALT LAKs aug 29 from rom our regular correspondent the subject of city taxes ie Is causing considerable c onside rable agitation among property owners and in in addition to the hundreds who have protested against clutes action in assessing aa eesing their property far ar above its market value three petitions are being circulated asking the city council to reduce the rate of taxation irom from four to ta and a balf m the basis on which this is is aked is tho the excessive valuation ol 01 property by the assessor and the enormous and unnecessary amount of revenue that would be gathered two of the petitions are beina being circulated amoda nor kingmen an and home hom e owners owner a and already a vast of signatures have been al attached representing a property balu yalu valuation a tion of over ten million dollars the other petition is beine being signed by business men and there are now attached to it signatures of persons representing over twenty roll million persons in ion dollars worth of assessed property the petitions are being signed by members of all par ties tie sand and all the leading merchants have affixed their to the protest against high taxes at the second cession session of the examination of NY J alien allen for manipulating ballots at the recent election so as to give a majority to P L willis NV illiams e close to a hundred witnesses se tr ere e examined who testified that they voted for young and up ato to the present there have been a about as many witnesses testify to this fact as there were votes counted for mr young and about fifty more are to bo be heard many of f the witnesses testified that alien allen toyed with the ballots given by the voters and with other b ballots allots at the same time a and n d then placed 1 ced him belt self between th the e ballot box and the alter eo so that the latter could not eee cee whether bother or not his ballot was deposited in the box one peculiar feature was brought out and that was that the p poll list need at the election was lost and ad had not been r returned turned e by the judges ud ea of election th the 0 case will be on n 11 tied again on wednesday next the election case was befaro judge zane yesterday I 1 for or the board of canvassers mr brown lied filed a demur ler iter to thu the court interfering with the action of the board ill till the latter bad reached a conclusion as to whom the certificate should be issued to this was argued as was also theother the other features of the case oi 01 the statement of the circumstances as a heretofore ex ez at length in TUB standard then mr dumel asked leave to intervene tenene in as his rights were affected this was objected to by colonel I 1 pages I 1 s a attorney it orney 9 but leave was aran granted fe g by y judge zane ane mr brumels affidavit on thil this subject atiteo et ates hie lis side of the case and is as a follows john 11 II rumel jr being duly sworn deposes and ays says that at the county aty election held on the ath day of august icuss 1800 1890 for the election of county officers of the coun county ty of salt silt lake like territory of utah held in pursuance of law he was a candidate for and was ae voted tor for for the 0 office trice of re corder of salt lake county count V that he was a candidate candi upon two tickets one entitled the peoples ticket als also another called the I 1 independent adelen dent work icK irig mene mens ticket that there was wa a no other kumel rumel 0 or person by that name dame running for that office on that day S or a candidate for that office either on that day or at any other time that there was no other person by the name 0 of I 1 runnel rumel eligible that by the returns made from the judges of the precincts of the tho elect election loa in said county it appears that there was a ma maunty bority of votes cast for this de deponent on t and that this deponent was lawfully awe elected to said office to of county recorder rei order but in la some of the returns the names of the various various candidates were abbreviated that in some if cf t the he returns it appears that henry page received a number of ballots and that 11 II pege received a number of ballots that in the fir t poll of the first precinct salt lake city it appears that J a 11 rumel recel ed vote vot e and ad hit 11 II pane page received votes that the J 11 II rumel therein mentioned this deponent is informed and believes tel ieves to be true was this deponent that it could be nobody else that no other kumel hamel nas was candidate for office no other rumel was eli el able laible for office that this deponent received a large number of votes throughout the other precincts of the county which that be he wae was en titled to the entire vote thus cast in the first poll of t e first precinct pr ade deponent anent further BIS a a 39 that if co counted u atz literally as contained in the return the aid paid ballots cant for U H page could not be counted for henri henry pae paige any more moro than thin the ballots cast for J II 11 am I 1 could be counted for this deponent but if counted accord leg ing to the intendment under the cir circumstances cum stances othe of the case the ballots for J H kumel rumel must be counted for this deponent and that the said intendment as well known to the said board of canvassers and it wae was well known to the said board of canvassers that all 11 the facts stated in this affidavit were true I defendent further gays says that be he is 18 informed and on information and nd belief alleged to be true that this action has his been commenced against the said bardo ard of canvassers for the purpose affects i of affect ica the election of this cepon ent eat and the eald said deponent Ont hai has an all interest defOn in this action in a this that be he is a candidate for said office and is the person elected thereto and Is there ur tore entitled to said office 1 ibis hie deponent therefore prays that he may ma y eo hae a leave to file RIO an answer herein setting ee fling forth his defense mr fr brown alto sho read the answer of ill the a board setting forth that they considered the he sufficient clent t to justify bem them in ln going to the he ballot box to determine elterm ne the truth then in bis his argument the aitor attorney n a for the boa board ra paid the te jd judge gas ga bs of election and stud utah commission this com compliment p th the e of election eco erg 01 in 1 the ta disputed dip polle I 1 1 J fl that t h a t the t h 0 election was ai a wording to r the rule of 0 the tile utah commission not I 1 d to law they mado 10 no return tarn ot the liets w by law but kriby only sen gent in one abo abstract and ad on one tally sheet t on which I 1 ica tho ritch ames if LI hear henry raise page and J if kumel rumel a appeared barz as candidates 10 lor r recorder d e the he law aleo requires the tile judges of 0 election to return the mel ballot box to the county calva canvassing ing board though the commission baa hai appointed one board for the whole territory instead of complying with the law fo to f o commissioner ordered the presiding iu judge dge to keep the ballot box and to lock ock the poll liets lists in the billot bax 1 instead ot of forwarding it to the canvassing board under the rulea rules of tho the utah t ah commission Commie Eion IF the judges conform to no law they sent an abstract which is not authorized by bv law but failed to send the list provided by law this is tho effect of the le gitla tion which this commission has been en Rafting in egia jigli ethere was some farther further argument when judge zino zane suggested that there m might i blo bo a eating of time it I 1 the ator neye would agree upon a statement of facts in the case the judge understood the altu tion to be this labat 1 talat the petition tor for a writ of mandate set forth that votes were cast forjohn for john 11 II kumel rumel jr J 11 II kumel and henry p pago 2 0 for recorder that the presumption t 1 0 n ie is raised by the jr that there is in another J U H hunmel that to this petitioner petitioner adds the presumption that J 11 II kumel rumel resides in the county and is a qualified qua lined fled voter and that the ballots should be counted as fordia for different persona persons 2 that it was a ma matter tier of public notoriety that john 11 II rumel jr was the tile only known to be a candidate for recorder that all but three of forty one polls in the county voted tor for him without any votes for J U H kumel rumel and further furt ber that in one first precinct poll embracing the letters A to L the votes were certified by the judges to be for J 11 II rumel while at the other poll M ai to L and thirty other polle 11 the vote was for john 11 II ramel jr tho the presumptions in the latter cane case eald said the jade cave gave him the impression that the first pro pre options were overcome in the light of all the circumstance Q the attorneys however could not agree on any statement and it was decided to take te testimony stimon air brown said bald he had the ja judges of election of poll I 1 I 1 farat fir at precinct who won would id testify that the ballots were actually tor for john 11 II rumel rume jr and that it was an accidental omission on their part by which the jr failed to appear most of the afternoon oon was taken up in arguments about the advisability of evidence at last secretary sells made a general statement about whom the returns showed had been voted for 11 II page henry page J II 11 rumel ramel and joh john a 11 rumel jr c 8 8 IV alley one of the judge adge of election ee ti at poll 1 mb fi first rt r t P precinct r ci c t frere was calivo called to prove or that at the b ballots 1 I 1 0 there we were I 1 for r J 11 II ru kumel 1 I jr and that the omission of the jr on the returns was an error this testimony my was wag excluded and as co other e evidence vi was admitted the attorneys made the arguments in the case |