The union Democrat., 1868-12-19
NUMBER -.
The Quo warranse.


The following is "a copy Of the Quo War.
ranto served on the Radical Electors By At
torney General Hamilton:
In the District Court Of the Sixth Judicial
District, county OF Yolo, State ot California.
The People OF the State Of California, upon
the information Of Jo Hamilton, Attorney
General of said State, plaintiff, Va. John Il.
FELTON,, 0. III. Lagrange. ID. b. Hoffman, z.
Westmorlan6 and A. Redington. defendants.
Aud now comes the people Of the State of
California, upon the information of 10 Iiam-
ilton, Attorney General of said State, and
complaining of the above named defendants
fot cause of action herein aver:
That on the third day Of November, a. u.
1868, at an election day duly held 10 the
State OF California, pursuant to law, for the
election OF five Electors to cast their votes and
the vote OF the State of California for Presi-
dent and Vice President Of she United States
of America for the term of the President and
Vice President of the said United States next
ensuing. ThomasJ. Henly, w. T. Wallace.
Z. j. c. kewen. A. Is. Dibble, and George
Pearce, each received the greatest number
OF legal votes for the said Offices Of Electors,
and were each duly elected Electors, and
to the Offices aforesaid; that on the "a
day OF December, A. ID. 1868, the said de-
PENDANTS, wrongtully, unlawfully, and fraud
ulenlly usurped and intruded into said Offices
OF Electors aforesaid. and have ever since
and still do wrongtully, unlawfully and
fraudulenlly hold and exercise the same, and
then did and ever since have and still do
withhold the same from the said Thomas j.
Henley. William I. Wallace, h. j. G. Kew
en-, A. b. Dibble and George Pearce; aud
plaintiff further AYERS that under the laws 0f
said State the Electors thereof elected &C said
election are entitled to receive from the said
State, as q compensation for their services,
AMI as a salary attached to said Offices, the
sum of $40 each for every day they may be
engaged in the performance Of the duties of
said office. together with mileages, mt the rate
fixed by law for members Of the State Legisla-
ture and plaintiff further AYERS that the said
Electors will not be engaged less than one day
each in the performance Of said duties.
Wherefore plaintiff demands Judgment at this
Court.
First--That the said defendants are not
entitled to the said Offices, and that they be
ousted therefrcm.
| Second-That the said defendants are not
entitled to pay or emoluments thereof.
Third-That the saic Thomas j. Henley,
William L. Wallace. f. j. c. Kewen, A. B.
Dibbe and George Pearce were at said elec-
ton duly and legally elected to the said off,
ces, and are entitled to have said Offices and
discharge the duties thereof.
| Fourth-That the said Thomas J. Henley,
VIM. L. Wallace, f. j. c.. Kewen, A. B.
Dibble and George Pearce are entitled to
have and receive the pay and emoluments OF
| said offices.
| Fifth-That the said defendants may be
adjudged guilty of unlawfully nsurping. in
| truding into and holding said Offices. and ad-
Judged to pay to plaintiff fine of i've thou-
sand dollars each and the costs of this action.
10 HAMILTON.
Attorney General of the State of California.
Raymond & Stratton, Attorneys for plaintiffs.