Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-07

precincts TO the County Clerk"
Now that is all there was of it. "No testimony
taken by either party before the reference of the
case to your committee 1t having been stipulated
that the whole matter OF the contest shoulJ be re-
ferred to the Senate without the taking of any test
mony, although two Justices of the Peace were COM
missoned by the County Clerk of Stanislaus county
for that purpose" Now in this case go further,
we make stronger case. The evidence in the hands
of the Election Committee of this Senate-and |
want Senators to hear me on this question-was
taken before two Justices of the Peace, and was
subscribed and sworn to- 1t shows that in the con-
test between Freud and Stuart for County Clerk of
the city and county OF San Francisco, the ballots
were opened that in the recount Of those ballots
there were only four precincts out of the twenty
Jour in the Ninth senatorial District counted
that when these ballots were counted in the
four precincts Of the twenty four in the Ninth Sena
torial District Mr. Pinder bad two reliable men there
TO watch the count of those ballots. One of these
men is senator on this floor allude to Senator
German. He saw every ballot counted. Now Mr.
rayor only elected according his certificate by
50 votes. There was 1000 ballots cast in the
Ninth Senatorial district There twenty-four
precincts. Four were counted in the contest be-
tween Freud and Stewart. The sworn evidence
before this Election Committee is this that out Of
the four precincts Pnder gained 4 votes. That is
the difference between the official count as reported
which Mr.. TT iyl0r got his certificate and the
count that was made when Stewart and Freud had
their contest for County Clerk. Now, they did not
go through with the whole count, for Judge Wright
imposed upon the contestant IN that contest be.
tween Freud and Stewart this Onerous pecuniary
consideration: He says, though you may be as
poor as a common beggar, you shall not 90 on with
this count unless you deposit every morning. before
commence $40. and poor Freud and the sand
lot fellows too poor they could not put up the
money, and the count stopped. 1t is upon that tes-
mony that Pinder had a right to bring this APP
peal. in four precincts out of twenty-four the
sworn evidence before this Senate is that he gained
AZ votes, and he did not have to gain many
before he overcame Mr.. Traylor's majority.
Now the question is, Mr.. Chairman OF the Judi
ciary Committee. as lawyer sworn Senator,
will you upon your oath say, % You shall come
in and have the evidence" That is the point. Will
you, as lawyer, as judge, as sworn Senator say,
1--WE will block this game and shut out the light
that lies hidden in the ballot-box." But more it
will not do-and see the eagleeyed Senator from
Sacramento, whose forensic power is talismanic,
busiy engaged in making notes of what say-he
cannot say that there is no law which encrces and
guards the ballot-box As said before recess there
is law which says that these ballots shall remain
intact. They there i'll the Registrars office by
virtue of solemn law. No man has dared to trifie
with them no man has handled them they have
been circumscribed by all the protection of the law
They are there as they were counted and deposited
and left i'll safe keeping They can be brought here
untampered with, and they tell the solemn story
1t won't do for them to say the other side that
the election officers have canvassed these votes
That won't answer. Why, what is the purpose of this
law? 1t is to bring these ballots here. What is the
purpose of keeping these ballots they are, intact
Why, to meet just such exigencies is presented
on the floor of this Senate to-day. So much for
that l anticipate the argument upon the other
side in that direction 1t is too violent presump-
ton to say the Registrar OF the city and county OF
San Francisco has not kept these ballots intact.
But suppose the question arises that they have not
been kept intact it is question of inquiry This
committee aud this Senate can inquire into it, and
if they find the ballots have been tempered with,
throw them away worthless witnesses. But if
they have not let them appear and throw light upon
this case. But more. When Mr. Pachecos seat
contested by Mr.. Murphy, Democratic Senate
heard all the evidence and awarde1 the seat to Mr.
Pacheco, the respondent My distinguished friend
from Sacramento well remembers the case of Dem
ocratic Election Committee reporting against Re-
publican having his case heard the floor of this
Senate, excepting one vote in that committee l re-
fer to an ex-senator who lives in
this city, Greene Curtis Greene Curtis came
the floor OF this Senate and with
his burning eloquence, with his majestic truth and
his magnificent display Of oratory in behalf of fair
play convinced the Senate that it their duty to
hear all the evidence in the case, and the Senate set
aside the report OF the majority o the committee OF
which Mr. Lewis was the chairman and head the evil
dence All hail, then, to the recedent established by
the Democracy on the floor OF this Senate. Why won't
YOU be generous our Democratic friends
Why, see my friend from Alameda smile with the
generosity of his large heart. feel if he would
vote give the boy fair play" Fair play is jewel.
But more, Lam not to appeal to party prejudice.
know the pottery: OF party power | have been
slave to King Caucus. His scepter has been
waved in triumph 10 you acknowledge his power
Do you put the chains and feel the
iron in your soul because King Caucus says so?
But no; you won't do it. You are called upon to
establish another precedent. Our seats will be
vacant The Constitutional limitation of our office
holding will soon expire. Other men may come
here as Senators. | acknowledge the power OF this
Senate to put me out and to put another
man IN, but rene nber that time is the vim
nf all m pr mt q
ard of justice and right triumphs in the end Re-
member that no party pressure can crush out truth,
and law, and justice. Remember that three years
hence other men may have majority here of poht.
ical opinions different from ours Stop Pause in
your mad career. Allow none of this to establish
precedent hostile to truth, and right, and Justice
Ii Pinder is elected by the ballots, count them. If
he is not let the honest gentleman, Mr. Trayor-
for believe he is an honest MANIFOLD his seat.
Mr.. President, if this question was propounded to
Mr.. Traylor on this floor to-day whether he would
remain here if he thought he not honestly
elected, he would say, Count the ballots; if | am
not honestly elected will walk out" | am glad lie
is here to near this discussion. l appeal to his
manhood, supplicate his honor, to rise in his seat
and say, Count the ballots" And if he is not
elected let him retire from this Senate. II he is
elected, no will grasp his Senatorial hand with
more firm friendship than your humble servant,
who now speaks for justice and fair deang.i
have discussed this question from partisan
standpoint In the case of Burns vs. Desty said
fully made up that Desty is not citizen of this
State all the influence and all the gold of Crusus
could not make me vote that he citizen from
the evidence. | only claim for myself that which l
am willing to cOncede to all Senators this floor.
Let us rise above party. Lst not party prejudice
dictate to us the course of action vote.
Let be governed by truth and justice and right,
and let man be turned away frAm
this Senate simply upon any technical
grounds as to the validity or the full
ness of the statement here We ask only light
that the ballots be counted and if Traylor has a
majority in the box, give it to him. Ii Pinde:
has majority, give it to him l have been
guided, in the Jealous manifestations have exhib-
tied this floor hy spirit OF common justice and
common right. l have made reflections upon
the committee; have made reflections upon
the sitting member; but | appeal to you that
your action here to-day be such that in aftertimes
your precedent may be quoted with appreciation,
and that the world shall that the floor OF the
Senate of California integrity and justice and equity
rule and above all the party prejudices that
characterize politicians.