Sacramento daily record-union., 1882-12-18
CcGLAN's CASE.
The Decision Rendered-coglan wins-The
Findings of the Court.


Findings Of the Court.
The contested election case of Copglan vs
Beard was submitted on Friday evening aftel
trial of eight days. Late on Saturday
evening Judge benson fled his decision will
the County Clerk. Herewith is given tht
decision il full, excepting that from section
4 OF the findings Of facts the paragraphs
are omitted which refer to country voting
precincts in which there was no change il
the recount from that returned by the Elec
ton Boards. These preciDcss are Nos, 6, g.
9, 10. IL, IL. ii, 10, IL. IS, 90 %, %. %, 20
q, Is. 80, 80. 81 and 81:
In the Superior Court of the county Of Sac.
cramento, State of California-C. 81. Coglap,
contestant, vs. NJ. r. Beard, respondent.
This is a contest to determine the right to
the Office of County Clerk of the county OF
Sacramento, and from the evidence addueed
at the trial, l find the acts to be:
l. That both contestant and respondent are
duly qualified electors of the county of Sac
rsmento.
2. That at the general election held in this
State and in said county on the 7sh day of
November, A. ID. 1882, the office of County
Clerk was to be filled by election, and the
contestant and respondent were the principal
candidates before the electors of said county
for said Office OF County Clerk; and one l.
ID. Treat was also candidate for said office,
but received only few votes.
3, That the returns of said election were
made in due time and delivered to the County
Clerk of said county. and on the 13 h day Of
November, A. ID. 1882, the Board of Super.
yisors OF said county canvassed said returns
and ascertainea aud determined that from
and according to said returns the contestant
had received 8. 275 votes and tee respondent
had received :, 291 votes, and thereupon de.
clared the respondent duly elected to said of.
hcs OF County Clerk, and caused certificate
of election to be made and Issued to respond.
ent emitting him to said Office.
There was no mslconduct nor miscon.
duct upon tie part of any of the officers who
conducted said election, and no intentional
miscailing or improper tallying or counting
of the ballots cast for the Office of County
Clerk. But such errors as were made re.
suited from mistakes and oversight, and are
indicated by the following statement of the
votes cast in each precinct:
The returns made by the election officers, as can.
vassed by the Board OF Supervisors show that for
the Office OF County Clerk there were cast & 74s
votes, of which Coglan received 3275 and Besrd
:, S,29l, giving Mr.. Beard a plurality of l6. Upon
the trial OF this case recount has been Ide of the
ballots from all the precincts in the county
Ia Precinct 1, in Sacramento city, the returns
gave Cogian 309 votes, Beard 2l9, Treat / blank :
The parcel cont aiming the ballots was brought into
Court locked in large tin ballot.box, and upon
opening the box the envelop containing the ballots
which had been sealed with sealing wax was found
to be broken open, and while there is not sufficient
evidence to satisfy my mind that the ballots had
Oeen tampered with or fraudulently manipulated in
any way, STILL from the circumstance of the package
having been opened, and very considerable vari-
ance being found between the returns and the ac
tua count of the ballots think it unsafe to adopt
the recount, and therefore, il this precinct take
the returns
In Precinct II, in Sacramento CITY. the returns
give Coglan 2l0 and Beard . ,. THIS package of
ballots came intact, and there is no evidence of
their having been tampered with in any way Upon
the recount made In Count, the ballots give Coglan
2l2 and Bsard 222
In Precinct 2, in Sacramento City, the package of
ballots is properly sealed and comes intact The re-
turns from this precinct give Cogan 156 aud Beard
l59 and Beard 207.
In Precinct q, in Sacramento City, the package
OF ballots was received in good order. The returns
give Coglan 279 and Beard 355 On the recount the
returns were found to be correct
The ballots from Precinct g. when brought into
Court and taken from the tin ballot.box in which
they were locked, were found to have been broken
open, and the package wss IN the same condition s
the pack ge from Precinct l. The returns from
this precinct give Coglan 173 and Beard I93 Upon
the recount of these ballots they show lS5 for Coz
Ian and lS9 for Beard. While as in the case Of
Precinct l. there is nothing to satisfy nv mind that
these ballots have been in any way tampere with
or changed, still think it un afe 70 RELY them
and therefore the returns will be taken as to this
precinct 1t might be here remarked that in each Of
the cases where these packages have been hrnkep
there is testimony to the effect that they were
broken by the Beard of Supervisors for the purpos
OF finding the poll lists or tally sheets in making
the canvass of the votes.
In Precinct 81, in Sacramento city, Coglaa re-
ceived by the IetuTns i9l votes, and Beard 406
yotes. Upon the recount the ballots showed for
Coglan 490 votes, and for Beard 406 votes
In Precinct 4, in Sacramento city, the returns
give Coglan 344 votes, and Beard $50 votes Upon
the recount of the ballots Coglan has 354 votes and
Beard 33l votes. The package containing the bal.
lots from this precinct was brought into Court
intact
In Precinct ~ in Sacramento city, by the returns
Cogian had 322 votes and Beard 33l votes This
package was likewise in good order. Upon the re-
count OF these ballots we find that Cogan received
324 votes and Beard 32i votes.
In all these city precincts, except the first
'nd third, think the higher eyidepce-to
Wit, the ballots-should be taken as the ex-
preston of the will of the people, and for
.he purposes Of this case l will adopt the
figures ascertained by the judicial count of
the ballots, except in Precincts l aud 8, and
IN those two precincts | think, under all the
the returns of the Election
Boards are the saf,st, and they will be
adopted.
From ell the other precincts in the county
the ballots are returned in good share-not
Ia every case complying atr:ctly with the law.
but there ia 20 evidence indicating to my
mind in al Y degree whatever any tampering
WITH any Of these ballots. Two or three OF
the parcels containing the ballots from the
country were opened by the Supervisors at
the time Of masking the canvass, in searching
for poll Its or tally sheets, but they were
immedi .tely resealed and were brought iato
Court intact. Therefore in all the following
named precincts the canvass in the ballots
made in Court will be adopted in preference
10 the returas made by the Election Boards:
In Precinct Coglau had 6S and Beard 66 by the
returns. The canvass in Court gives Coglan 20 and
Beard 64.
In Precinct the returns give Coglan 25 and Beard
%. The canvass il Court gives Coglan &c and
Beard 23
In Precinct Is the returns give Coglan 27 and
Beard % Our canvass gives CogaL IS and Beard 26
In Precinct l6 thu returns give Coglan us ard
Beard ll0. Our canvass gives Coglan III and
Beard no.
In Precinct 10 the returns give Cogan 80 and
Beard 90 The canvass gives Coglan 40 and Beard 90
In Precinct "A the returns give Coglan 81 and
Beard Al. The canvass gives Coglan 35 aud Beard A.
In Precinct 20 the returns give Coglan p and
Beard 81. Our canvass gives Coglan 25 and Beard a.
In Precinct 81 the returns give each of the cand-
dates 33 votes but canvass gives Coglan "a and
Beard 80.
On footing these several figures, taking our
canvass in ali except the First and Third
precincts and in those taking the returns, it
is found that Coglan received 8 297 votes,
and Beard 3 2S3 votes, giving G. NJ. Coglnn
q majority of fourteen votes over II. r.
Beard.
therefore find that c. M. Coglan was, at
the general election held on the 9TH day of
1882, duly elected to the office of
County Clerk of Sacramento county, and he
is entitled to said office.
And from the foregoing facts conclude
the law to be:
First-That the contestant was duly elected
to the otfico of County Clerk CT the County
of Sacramento.
Second-Thst the respondent was not duly
elected to said Office, and is not entitled
thereto.
Third-Thst the certificate of election
issued TO respondent should be vacated aud
annulled, and contestant declared to be the
lawfully elected County Clerk Of said county,
and that he be admitted thereto.
Fourth-That contestant recover costs.
Judgment will be entered accordingly.
S. c. DRNsoN, Judge Superior Court.
Attest: THos. II. BEBKEY, Clerk.
The costs of the case are taxed to respond
emf, and it is understood that they will amount
Il "A = 4 A