Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1882-12-22
THE MANDAMUS CASE.
The Writ OF Mandate Ordering the
County Commissioners Of AItu-
ras County to Re- Canvass
the Votes.

the votes.
In the District Court OF the Second Ju
dicial District Of Idaho Territory, in
and for Alturas County:
Before Hon. H. Z. Pickett, Judge
of the said Court, at his Chambers in
Boise City, Ada county, in said Dis
trict:
Emerich r. Leonard VS.. L. Leally,
G.. L. Bixby and John Van Shack
Board of County commissioners of Al
turas county, |. 7.
The People Of the United States of
The Territory Of idaho, Greeting:
WHEREAS, 1t manifestly appears to
MS by the affidavit Of Emerich r. Leon.
ard, the plaintiff and the party benef-
cially interested herein, after hearing
the evidence adduccd in the issue made
by tho answers of the defendants, and
after hearing the arguments of coun-
sell and after due consideration that
the plaintiff and clector of said county
is aggrieved by the neglect and refu-
sal Of said Board of Commissioners
acting as Board of Canvassers, to
make a full canvass of the returns re-
reived by them of the votes cast at the
several precincts of said county at the
General Election l.eld therein on the
18th day of November, 1882, and de-
clare the result of said canvass. and
certify the same to the Secretary of
said Territory, and issue certificates
of election to the persons entitled
thereto; that at said election, polls
were opened and an election was duly
held at junction, in Oregon Short Line
precinct, in said county, the place de-
signated by the order of the
30 ard of County Commissioners of
said county for that purpose; that re
turns of said election so held at said
precinct were duly made to said Board
and were duly produced and had be-
fore them at the time of said pretend
ed canvass by said Board, the same
were then and there regular upon their
face; that said Board then and there
wrongfully failed and refused to can.
vass or count the vote so returned
from said precinct and there is not
plain, speedy and adequate remedy in
the ordinary course of law:
WHEREFORE, we do command you,
the Board of County Commissioners OF
said county, that Immediately after the
receipt Of this writ, all and singular
business. cvasions aud excuses being
laid aside, you do forthwith meet and
proceed to canvass the returns of the
votes cast at said precinct, in said
at said General Election, and
that in such canvass you do include
the returns of votes heretofore can
vassed by You and the returns of votes
cast at said Junction, Oregon Short
Line precinct, and that you do there
upon forthwith ascertain and certify
the true result Of such canvass to the
Secretary OF Idaho Territory, and do
Ihcreupon forthwith cause certificates
ot election to be issued to the persons
thereto according to the true
result OF such canvass so directed to
De made by you, as aforesaid, and that
n the performance of the commands
IT this writ you make no evasions or
delay, under peril Of contempt.
Done at my Chambers in Boise CITY,
n Ada county, in said District. in said
Territory, this 10Th of December, A.
1882. H. f PRIcKErr,
District Judge.
The Senate Committee on Civil Ser