Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1877-03-30

Oar readers ere we'll svsre Of The sx.
istsnce Of . scramble between Ell Cover.
cor Pscheco OF California and Hon. r.
D. wigginstos Of that State tos . seas il
the nert House Of Representatives.
PseheeS ~ss the Republican. wiseips-
ton the Democratic candidate. The
surs Of the decision depsndsd spos one
vots-like the eight for the Presidency.
A to the status Of the matter. Il pssssst.
tbs San Francisco Bulletin Of March 70
sxplsiss II In the following intsrsssi.e
manner
The Supreme Court yesterday died an
opinion IN this case. which the sttorpsvs
Tor :he petitioner regard ~ settling the
points involved. and awarding the seat
IN Congress to Ex- Governor Pacheco.
The facts are familiar to our readers.
The vote in the Fourth Congressional
District Was very close. Tho returns
forwarded 10 the Secretary Of state we're !.
Pscheco. ls.l04; Wieging,on. 1903. Il,
subsequently trauspired that in the
peo eosNo@D RtVGsuSt VI 0xOUv&yey
county. the voters as originally can.
vsssed by the Board Of Supervisors gave
viggington ~ votes. but that aftsrwsrd
the County Clerk discovered IN error in
the additions. which showed that the
vote actually polled Tor wiegiue,on 10
that precinct was only q. He therefore
corrected the minutes, which we're
written in pencil. and forwarded the
corrected statement to the Secretary of
State rs the actual result Of the canvass
| By the Supervisors. The counsel for
WigRington then took proceedings in
| Monterey county to compel the County
| Clerk TO transmit 10 the Secretary OF
State a certified copy OF the minutes OF
| the Supervisors. on the CANVASS OF the
votes. before the correction relating TO
San Lorenzo precinct had been made.
1 This WAS forwarded to Sacramento
When the time came for the declaration
OF the result TO the Governor for the
issuance Of the certihate Of election,
Secretary OF State Beck refused to sipn
the requisite announcement that
Pacheco had received . majority OF all
the votes cast. The counsel Tor Pacheco
thereupon instituted proceedings in the
supreme Court for = writ Of mandate
compelling the Secretary OF State TO
make such declaration to the Governor.
To this demurrer was filed by the other
side, alleging among other things that
the returns from Monterey county must
be taken AZ originally caavassed by the
Supervisors. aud that there was no
authority in the County Clerk, or apy.
body else. to subsequently correct the
| figures originally agreed TO. The
Supreme Court. although not unsp.
imous, override the demurrer. Justice
Crockett tiles dissenting opinion.
| The elaborate opinions filed by the
several Justices found a place ia our
columns yesterday. They infinitely eY.
anime the whole law in relation to the
canvass OF votes. and the opinion will
doubtless form an important preceden,
IN electoral disputes. The decision i.
gratifying a. doing sublil justice. and
declaring that, under the circumstances
technicality shall not deprive the party
actually receiving the greater member OF
votes OF his rights. The writ OF man.
date TO Secretary OF State Beck will
accordingly issue unless the other side
can show good reason to the contrary.
But the friends OF Pacheco consider the
whole matter rs now decided in his
favor.
Promising that Pacheco will obtain
the requisite certificate OF election, this
will give the Republicans one more vote
at tho opening OF the House Of Repre-.
sen,alives at the special session in June.
There seems some dispute 40 to the
actnal majority the Democrats will have
IN the next House Of Representatives
| The New York Times last week PLACED
i've as the highest majority the Dem.
ocrats can possibly have. The award Of
the certificate TO Pacheca will reduce this
number to three. With that email
majority the Democrats can OF course
control the speakership and the appoint.
menis OF Committees. unless some Of
the Southern Democrats unite with the
Republicans.