Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-24
TIE COUNTY CLERKsHR.
,e,an vs.. Beard-Judge spencer's pecA-
sion in FUn.

ines were published Yesterday
I, rho ellperior Court, County OF Sacramento
c+sta of California. c. NJ. CoSlan, coulesSl4''
W.. NJ r. Beard, respondent. .-i.-,, o,,,
7 he contestant and respondent were rlVat cdli-
5;+;ates for the Office Of County Clerk o. SacFa-
n1ento county at the general election ESto Gu
~ 7th dav nf November, 4. d. 1881 me re
-. FROM the several Precinct Election boaros
~. ~, +b4s' I9th day of the same month can
ySssad M the Board of supervisors, from ~Ilch |
II snneHret; that respondent had received u |
plurality of sixteen votes, ana tieTeNiFoH d ce1
ftifrote of election was issued to nm: |
l., duo time contestant filed N TINS Court MS
,,aritiad statement. wherein he impeacaed the
r+l1r1ls from number OF the election precincts
claiming. that The ballots cast thereat mac hol
Ron nr6perlv counted, and that upon q true
co,lnt ne would have plurality OF all the votes
cast for said oIhce
20 h.. those cast at Precincts Nos. u. 2 So, i,
81 IA 10 % and 81 were produced from the
,2'+,d15 at he present acting County Clerk, and
given IN evidence by contestant, ana III H4S re-
S9,,esf rpcOunted by the Court, ana the p4uotS
,,,,r1orting to be those cast at freclncts nos.
and l6 were IL ike manner introduced III eF5-
ie-7ee and recQunted ut the request OF respond
ert The ballots from No. l Tor the purpose OF
showing their condition and thar OF the COZ
The recount OF the ballots introduced by con-
testant and of 10. 10 introduced bY iesp0IlusAt'
o,re3 cain OF y votes in favor of the former,
and king his plurality Il votes, and the re,
count OF the balOjs from Precinct NO Increased
his plurality II votes H.,
The recognized rule in contests OF TINS char-
! acter is that although the returns by the can
! wasting boards, ana the cerlitcate OF election
| issued in conformity Herewith, are primo j0c'e
correct, and entte the person IN wIose AZ
1hey are TO the Office the recount OF the ballots
! nv the Court is the better evidence o. the
! actual vote cast, and Is conclusive, tte
| Court is satisfied that the ldenlGal pallots
have been counted, and that they have
| remained in the proper custody from
thc time of the original official count until they
| are produced in Court, and that they nave not
| been handled by Unauthorized persons, nor an!
! ornortunitv afforded for any tamIerlng there
The contention of the learned counsel for re
spondent is that the ballots 50 coaiit9o ny tne
Court were not kept in the proper legal custoc!
and are not free from grave suspicion OF having
been fraudulently manipulated % so,is4.
The burden is upon the eontestant 10 stis1s
the Court that the ballo offered Tor recOun1ng
nave retained their integrity, and speak as they
did in the hands of the officers OF election.
II appears from the evidence that the electloi
| returns from these various precincts, CONSISTING
IF The noII lists tally sheets, and the sealed
narkoges of ballots, were delivered by tht
proper election officers to the then County
Clerk, Thos H. Berkey. IN "a a reason ,,,s',,,
of the packages of ballots were lndorset
filed by him when received, and placed N; IN
locker in his Office, and that the remauili
| packages large ones from the precincts III III
: city OF Sacramentol, with one exception d i.i
ci1ct No 81 came in large tin ballot boxes, witt
the tally and poll lists, which boxes Wer
locked and sealed, and for that reason Here ~
contents were set aside III his ofllce, anu eacI
r evening before closing his once, tnt pdcha5e
| and boxes which had come IN during me ia
> | were placed III Il vault OF when he kept III
This vault is in the Hall of Records. 6uiIG
: | inc, detached from the Courthouse and CLERK
= | office and is entered from the room where IN
4 BOARD of Supervisors hold their meetings. In
orter doors TO this building and room are {
iron, secured by substantial locks oPela!teqi .
Y keys but without comDlnauohs' tne "l iitto
| secured BY fire-proof and hSht- PROOF shutter
To these doors several OF the supervisors ma
VI keys: also the Clerk, the janitor OF the buI'
: inGs and his assistant, but no others so Tar as
The vault is fire proof, built expressly for II
, preservation of valuable papers, has two SETS
IRON doors, one q single door swinging on u
e outer lamb and the other double, swinging
If the inner lambs of the opening, with d space
= | about two feet between them
the outer door Is secured with strong 100
of ordinary pattern; the inner 10 one WIN s'io'
sprinC Yale lock, with thln, nat key.
1: The unooutradicted evidence OF SAID Berk'
r is in substance that upon dcposlt!hs sald pay
aces in the vault he locked the inner uo0r, ~
! sealed it with postage stamp, ana piaceI
L Drivato blind mark in such manner thut u
$ door could not be opened without the iact beL
i detected. and that he also locked the out
r door and sealed the keyhOle with sealing wa
- mon which he placed two impressions with t
~ edge OF d coin. That he constantly KEEP 50
y keys on his person IN ms pocheil, ui.,t 8
r Welded up his Office On the sth OF JaIuuI!
n lowing, and that the keys 10 the I'm boxes
ne kept in locked drawer III MS ONCE uuIi
That a self.constituted guard Of citizens, co
posed of the several political parties, watch
| the vault for several days ana nlShIS 'tlleI /
| ballots were thus deposited.
THAT the vault remained apparently und
he turbed and unopened until the 10Th OF rove
10 Der when said Clerk unlocked 1t, and rernov
~ gnid tin ballot boxes with their contents, I
packages OF returns, and some OF t4e Pick4s
en- Of ballots. ana placed them before me hOtIl
nd Supervisors which had met as board OF q
yussrrs During said canvass the packages
al ballots from precincts Nos. /; ana ., ana p
=" hans few others, were broken open nE
res BOARD searching for tally Asts, ana sSAlh
at sealed as was supposed and the first Two
turned 70 their tin boxes and lockco an
nackages were upon the conclusion OF sald g
yass returned to the vault the doors relock'
the lock Of the outer door resea!ed WIN W
md so remained until about the Eth OF the
lowing December, when sald packages v,
ed brought into Court and recounted at the Il
q | trial of this cause before the Hon > 1: OetiSe
ofL Al that time the packages from precincts -
AZ, ! and 2, upon unlocking the IN p2Aea !"
''l found to be entirely broken open, the seal
u ! wax with which they were org many Sedie1
led a6berinp al any point, ana the one iroIn y,
cuve evidence OF having been resesied
~, sealingS Of Ill the others appeared 20 De mt
The recount made al that time Correspond
~ with the recount made at the present lFiAl v
the execution Of d few ballots which were
90 ! cIuded on the last count, on account OF nav
IN Distinguishing marks thereon A. ..,o
PauSing at this point ana weighing inc
dence to nv mind Il is manifest thaI inc
ar testant has made tIll and ample showing |
m the ballots had been keptl the legal anu pro
the control of the Clerk, and that he had eXeTcl
tho all the care and caution that prudent
careful officer would be expected to exercise
their preservation and that no reasonable
y. pOrtuuijy was given for thelr UhauIhoi4
oy TIVE + is possible, with al Of these prcc