Los Angeles herald., 1890-12-05
.PERFECTING THE TALLY.
THE COUNCIL AT WORK COUNTING
THE VOTE.
Chairman Munday, of the Democratic
Central Committee, Shows How 1t
Should be Done-Mr. Cobb, of the
Ninth Ward, Protests.

SlOH yesterday HuOTHllS w CdHNaSS IIIo
vote of the recent municipal election.
1t was almost half an hour after the
appointed hour, 10 o'clock, before a
quorum of that body could be got to-
gether, but as soon as possible after the
arrival of the sixth member. President
Frankenfield called the council to order
and appointed Messrs. Brown, Hamilton
and Van Dusen as tellers. While the
canvass of the First precinct was being
made, Attorney j. Marion Brooks en-
mated that he would like to be heard on
the subject of the election.
When the first precinct had been COM
pleted, Mr.. Brooks arose and read from
paper protest from f. Cobb against
the canvassing of the vote in the Ninth
ward for councilman.
The paper stated that F. Cobb was on
the 1st day of December, 1890, candi-
date for the Office of member of the city
council from the Ninth ward, and that
Samuel Rees opposed him. That ac-
cording to the semi-official returns the
contestant received $40 votes and the
respondent 367 votes. That the returns
of the election officers are not in accord
ance with the provisions Of the statutes,
and that errors and erasures were made
by said election officers in tallying said
ballots, which, if properly Tailed, would
give the contestant 37S votes and the re-
spondent 29S votes, thereby securing
contestants election.
The particular instances of his op-
position appear as follows: In the Fifth
precinct he should have received 14S
votes; he was credited with 115. In the
Sixth precinct he should have 100
votes; he was credited with 108. In
the Seventh precinct he received ITO
votes; was credited with 81. That in
said precincts 30 votes were cast against
him on illegal ballots printed contrary
to law, on paper not warranted by law
He wants these ballots not counted
against him.
After completing the reading of his
paper, Mr.. Brooks said that he. would
bring, if necessary, the election officers
themselves, who would appear and say
that they themselves were not satisfied
with the counting of the ballots that
the counting was done principally for
the purpose OF getting down black
mark. All he asked was that this cam
vassing board should proceed to count
the ballots, which could be done in a
few minutes. 1t was only upon the
counting of the ballots that contest
was made.
Mr.. Rees was also present and wanted
to be heard, but the whole matter
was deferred until reached in regular
order.
The canvassing then proceeded very
quietly the canvassers calling off only
the totals of the votes received by the
various candidates.
The First ward had been completed
and the Second ward gone into when
Hon. M. E. G. Munday, chairman of the
Democratic central committee, arose
and addressing the president said that
he appeared on behalf of several Demo
Gratis who were candidates in this cleo
ton, and protested against the manner
of canvassing the vote. The number OF
votes cast, the scratches and the num-
ber of insertions as to each candidate
should be read out and recorded. This
was required by the state law, and ii
this was not done he would now enter
protest in behalf of the name of every
candidate on the Democratic ticket.
In accordance with the state law every
thing must be read that is on those tally
SllCCUo. lllC ICbtiIu llluSb DC CdllNdSSeu
Just as the board OF supervisors did in
the county election. He also denied
that the tellers had right to open one
of the envelopes until the preceding
tally sheet had Eeen fully canvassed
There are several precincts over which
contests would arise.
City Attorney Mcfarland and his dep
uty, Will Dunn, argued at some length
with Mr.. Munday as to the law on the
question, and finally the city attorney
said he thought Mr.. Munday's request
was reasonable and in accordance with
law. The canvassing board was for the
purpose of officially announcing what
was the vote in the several precincts
and this could not be done unless they
read of the record of all the votes cast.
The president said if the city attorney
concurred, the counting had better pro-
ceed in accordance with the suggestions
of Mr.. Munday, and the board went
back and started with the beginning.
The counting of the four precincts in
the First ward was completed, nc
change appearing from the published
reports.
Precinct 8, of the Eighth ward, was
taken up, and it was found that neither
the poll book nor the tally sheets had
been signed. Upon the advice OF the
city attorney the returns were counted
notwithstanding this discrepancy, and
when this had been completed the coun
Gil took recess until O'Clock p. m.
AFTERNOON SESSION.
On reconvening at 2 o'clock, precinct
5, in the Eighth ward, was taken up
but before the tellers proceeded with the
canvass, j. Marion Brooks appeared ant
again entered formal protest on behal
OF f. Cobb, the Democratic candidate
for council in the Ninth ward. Mr.
Brooks again went over all the grouno
he covered in the morning session, ant
the question as to whether or not the
present committee could be the judge o
the qualifications of their successors
was raised. A long debate ensued, Mr.
Brooks arguing that his client was per
fectly willing to waive that point, and
abide by the decision of the present
council. He, however, insisted upor
seeing the ballots and having them
counted then and there.
Finally, however, the council, acting
under the advice of the city attorney
came to the conclusion that it had nj
Jurisdiction over the matter, and Mr.
Brooks withdrew his protest, with the
understanding that he would renew it a
tho prOper time and pIooa