Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-23
THE COUNTY CLERKSHIP.
Judge Spencer Decides in Favor OF Cog
Ian The Findings,

| lan-The Findings.
The decision of Judge Spencer, of San
! Jose, who recently sat in Department Two
of the Superior Court Of Sacramento coun-
~ to hear the contested election case of
+ Coglan VS.. Beard, involving the right to the
office of County Clerk, was received here
Yesterday. The findings are as follows:
That it affirmatively appears, and the fact is,
thai the packages and the ballots, purporting to
he the ballots cast at said election at Precincts
Nos H. l. 40 s. T. 13, 10, %, 81 and 16, are the
! genuine ballots so cast respectively, and the
| whole thereof, and were properly sealed and
transmitted by the proper election officers to the
proper custody, and have been safely kept
therein, and have not been tempered with or IN
any manner manipulated, and that said ballots
and the said count thereof in this Court may be
and are received as evidence Of the number of
votes cast at said election at said several pre-
cinctS for said contestant, Coglan, and said re-
spondent Beard, for said office of County Clerk.
That from said recount of said ballots so re-
ceived in evidence and counted by the Court
said contestant and respondent received at said
precincts for said Office OF County Clerk the fol
lowing votes, to wit
Precinct No 11&-Cogan 30, Beard 222. Pre-
cinct No. 2-Coglan 159, Beard 207. Precinct No.
4-Coglan 353, Beard 81. Precinct No. ~ Cog
Ian 323 Beard 324. Precinct No. 5-Coglan 60,
Beard Ga. Precinct No 7-COglan %, Beard %.
Precinct No 13-Coglan 2S, Beard o. Precinct
No. 19-Coglan 40, Beard 20. Precinct No. %
Coglan p, Beard 81 Precinct No 3l-COglan 81,
Beard So. Precinct No 16-Coglan III, Beard
ITO.
That there was misconduct on the part of the
Boards and officers at said election at each of
the election precincts designated in the last
foregoing finding in this-that the ballots and
votes cast thereat should have been called,
counted, tailed and returned for said contest
ant and respondent respectively Tor SAID office
of County Clerk us herein last above designated,
and not as counted and returned by them.
That said officers and Boards OF Election were
properly organized and sworn as required by
law, and have not been guilty OF any other NAL
conduct or misconduct than as herelnbefOre
stated and that the officers and Boards of Elec-
ton of all of the other election precincts in
said county other than those named in said last
finding, were likewise so organized and sworn
and have not been guilty of any malconduct or
misconduct and that all the legal ballots cast at
said other several precincts were properly
counted and returned.
The Court finds that the legal votes and ballot
cast at said election for said c. NJ. Coglan for
said Office of County Clerk were 1924, and that
the legal votes cast for said NJ r. Beard for said
office were :, 2S2, and that said returns and can
vass should be amended accordingly
That there was not counted, tailed or returned
by any of the Boards of Election at said cleo
ton any ballots upon which the name of c. NJ.
COglan appeared which did not conform TO the
requirements of Section 1871 of the Political
Code, or upon which there was device, design or
impression calculated or intended to impart
knowledge,of the person who voted the same,
which by reason thereof, the true number of
votes for said Coglan in said county was at all
increased.
The Court therefore finds that c. NJ. Coglan
was at the general election held on the 9TH Of
November \. d. 1882 duly elected to the office
of County Clerk of Sacramento county, and is
entitled to said office.
That said NJ L. Beard was not elected to said
office and is not entitled thereto
That the certificate of election issued to re-
spondent should be vacated and annulled and
contestant declared to be the lawfully elected
County Clerk of said county, and that he be adj
mitted thereto.
behalf expended