Weekly Trinity journal. [volume] (Weaverville, Calif.) 1857-1972, 1868-12-05

II was rumoredAabont town earlysyesteraav
morning that ono Of tie Grant and 0olfax Elect.
ors of this State was TO be counted out in aom.
way. so as to elect that one of the Sevmon,
Electors who might have the highest number az
votes on his ticket. Some time during the do =
F. A. Gibbs, of the State Central Committee
went to the office Of ths Secretary of State and
asked him if there was any truth in the report.
The Secretary replied that some had voted for
Huffman and some for Hoffman, but he laid no
stress upon. that, because the intention was To
vote for Hoffman. Some time after this in the
day Gibbs again learned that there was plan
on foot to count out Hoffman because the name
in some cases was written D. a. Hoffman instead
of D. B. Hoffman, Gibbs then went to the Sec
rotary and stated what he had heard asking him
if there was any truth in the report The Sec
rotary asked, excitedly, "Who told you that
No one outside of bis Office knew anything of
that but Governor Haight." Gibbs replied that
it must have leaked out from the Governor
Gibbs then asked the Secretary what he meant
to- do in the matter. The Secretary replied that
he bad taken the advice of counsel and should
60 according to the strict letter of the law,
counting out all votes for D. A. Hoffman, SEN
arately from those for D. B. Hoffman and in
this he said the Governor agreed with him.
The authorities of law courts do not sustain
the course resolved upon by the Secretary of
State In 9Th Johnson, New York Reports, D.
80, it was held that the law knows only one
Christian name" and that William Robinson
was as good in law as William T.. Robinson, so
that the personal identity were known and es-
tablished. The title of this case is &c Franklin
and others Talmadge.'' In Cowan's New
York Reports, vol. II. p. 465-464, the same
principle is again settled, the Judges agreeing
that in the name Cornelius V, S. Roosevelt, the
"V. s." which were omitted in part of the
pleadings, were no par: Of Cornelius Roosevelt's
a. h. 1orv H..k
name" In the 9Th California Reports, p. 2O5-
2a6, The People rs. Lockwood, Chief Justice
Murray delivering the opinion of the court, the
same principle was re-afirmed. In the election
law of this State, Httells Digest, vol. l. art. 8,
sec. a. We read " But no ticket shall be lost
for want of form, if the Board of Judges can de-
termine to their satisfaction the person voted for
and the Office intended" No court could for
moment hold that in the ticket voted sd. A.
Hoffman" it was not intended to vote for D. B.
Hoffman; and it strikes that the Secretary of
State in deciding contrary to this, whether by
the advice Of the Governor and Attorney General
or not, is stretching his authority beyond what
the law allows and most clearly restricts him to
in his official duties. Suppose the name had
been written upon tickets in one county or half
dozen counties Hoffman, without the Christian
initials, would that be a cause for ruling out the
votes so put in? Not at all. The court would
hold that the voter so writing the name in com
pany with the other names of the Grant Electors,
intended to vote for D. B. Hoffman, and the in
tentiOn of the voter is the material fact in the
case.
Last night parties in this city had an interview
with the Governor and Secretary, in which it
was agreed that the Secretary would not sub
NIT the declaration of the vote till the Judges of
the Supreme Court (the majority of whom are
now at San Francisco) can be telegraphed to
and get up. The Judges were telegraphed to
last night to come up by the Vallejo route.
When they arrive an agreed case will be made
up for the Supreme Court and the matter will be
decided tonight by that tribunal.-Sacramento
Union, Nov. 3Oth.
1t seems that some II, 900 votes for one of the
Union Presidential Electors were cast for D. A.
instead of D. B. Hoffman. 1t is evident enough
that the votes were intended for the Union NOM
inee from San Diego county, although DR.. Mich
OILS, Secretary of State, raised the question as to
whether be should issue certificate to that
gentleman, neither D. A. or D. B. Hoffman
had received majority of votes. But it seems
the Supreme Judges believe the certificate should
issue to Hoffman, for in accordance with request
that body assembled at Sacramento an the LIST
instant and their opinion is embodied in the fol-
lowing dispatch received from Felix Tracy ESQ.,,
at P. NJ. on that day:
SACRAMENTO, December /, 1868.
D. E. GoRDoS:-Au Of Grants Electors received five hun
dred and eight (5Os majority Supreme decided
favor u Hoffman, unanimously.