Los Angeles daily herald., 1888-12-08

election be issued to Mr.. Ford for the
long term. Carried.
Mr.. D. ]. Lewis objected to the grant
ing of certificate to Mr.. Earl, on the
ground that if the votes given to Mr.
Paterson for long term were counted he
would be elected by one vote. If the
votes given to both candidates, ano
counted as scattering, we're added te
those regularly counted the result would
be:
Earl. .......................... 9SC
Mr.. Lewis asked that Judge Dunnigan
be heard in the matter, and recess was
taken to 80 o'clock to give him time tc
appear.
Afternoon Session.
The Council met at 80 O'Clock, Cap
tain Barrett in the Chair.
Judge Dunnigan appeared in behalf ol
Mr.. Paterson and said that the votes
which had been thrown out should be
counted. The law held that the inten-
tion of the voter should be carried out,
and these voters having intended to vote
for Mr.. Paterson for Councilman, their
votes should have been counted. He
cited several decisions of the Supreme
Court to sustain his position. The fact
that Mr.. Paterson had been voted for
for particular term did not cut any fig
ure in the case. The voters had intend
ed to vote for him for Councilman, and
their intention only should be taken into
consideration.
Mr.. Chandler moved that the ballots
in dispute be brought into the Council
Chamber.
The motion was lost, and Mr.. Chan
dler asked that he be excused, as he did
not care to vote on something which he
had not seen.
The ayes and noes were then called on
the question and it was carried by vote
of 8 to3.
While the ballots were being sorted
Mayor Workman said that he returned
the franchise of the San Gabriel Valley
Rapid Transit Railroad to the Council,
and asked that it be- altered.
Mr.. Lowell moved that the former ac-
tion OF the Council be reconsidered. Car
ried.
Mayor Workman asked that map be
presented and filed for record. He also
suggested that the ordinance be amended
SO that the grade under Macy street be
changed.
Mr.. Lambie said that he could not To-
cate the course on the map.
Mr.. Cohn moved that the map be re-
ferred to the engineer of the company to
locate the curves and lines definitely.
Carried.
The ballots having been sorted, Mr..
Chandler moved that they be taken up
one by one and disposed Of.
Mr.. D. j. Lewis continued the argu.
ment for Mr.. Paterson. He called at
tention to the fact that twenty-five bal
lots had been found which contained the
names Of candidates running in the Sec
ond ward. The intention of the voters
was to vote for the Democratic candi-
dates. He also cited the Charter to show
that the incoming Council should declare
the dispute.
General Briefly, on behalf of Mr.. G. N.
Earl, argued on the opposite side of the
question. He held that it was the inten-
ton of the voters to leave the name OF
Mr.. Earle on the rickets, and as they
could not vote for two men for the same
term, the votes for Mr.. Paterson were
properly cast aside.
City Attorney Daily was called upon for
an opinion, and said that it was rule
that the intention of the vote should be
considered. There was, however, rule
that the laws of the State should be car
ried out as regards the form of vote and
the manner of voting. He did not think
that votes of the candidates for one term
should be counted for another than the
same man for another term.
General Briefly said that he asked that
the result be declared as found by the
canvrss of the ballots.
Mr.. Chandler moved that the decision
be left to the incoming Council as di-
rected by the Charter.
Mr.. Cohn moved to amend that GER
tificate be issued to Mr.. Earl, he having
received majority of votes.
Mr.. d. j. Lewis entered protest
against such action by the Council, bu,
upon request of Mr.. Paterson the protest
was Withdrawn.
Mr.. Cohn's motion was unanimously
carried.
Mr.. Chandler said that he thought the
Democratic members ought to have
leather medals for seating Republican
Councilman.
Mr.. Book moved that the Utah anc
Salt Lake Railroad franchise be taker
up. Carried.
The ordinance was read, and Mr.. Low
ell offered an amendment to the effec
that the road should be built to Salt Lake
inside of year.
Mr.. Sinsabaugh suggested that if the
line be built from Raltlesnake Islanc
through Los Angeles, the deeds to the
city land ought to be turned over.
Mr.. Scott said that he would accept
that condition.
Mr.. Lowell said that he wanted to see
the line 60 through to Salt Lake.
Mr.. Scott said it would be impossible
to take the franchise with condition Of
either one or two years. If the Council
was not satisfied that the company was
here on business, then the franchise
could be refused. He had spent twenty
two months and good deal of money il
the matter, and would ask that the fran
chise be granted.
Mr.. Chandler said that he did no
think land could be sold unless adver
tised for eight weeks before the sale.
Mr.. Humphreys had several minor OBJ
jections to offer to the ordinance.
Mr.. Sinsabaugh offered an amend
ment requiring the line to be finished t
1880 S