Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-03-19
FRAUD lLLEGED.
COMMITTEEMAN NAGELE co
THE ELECTION OF CoMsToo
He Declares That an Outrageous Con-
spiracy Caused Mr.. Gregory's
Defeat for Mayor.

Inc election is over, the Democrats have
done with their pow-wows over the victory.
and the new Mayor has taken his seat.
Notwithstanding all this, however, dark
and threatening clouds have hung over the
political horizon. They maneuyesed about
until the line Of battle assumed an I'M
broken front and on yesterday the storm
broke
MsJor w. A. Anderson marched into the
County Clerks office shortly before 10 A. NJ.
and went through the formality of fling
suit in the Superior Court on behalf of his
client, J. j. Nagele, against the new occu-
pant of the Mayors chair, W. D. Comstock.
Mr.. Maggie is member of the Repuoli.
can City Central Committee. He believes
that Mr.. Comstock's msjority of Al votes was
the result Of big conspiracy to "do9n"
h. }. Gregory. and he declares that pros
Pective developments in the Courts will
show that such was the case.
Inc complaint starts off as follows:
The above named contestant complains of said
respondent, and .or cause thereof alleges:
mat said ID. Nagele, the contestant, is duly
quallned elector Of the city of Sacramento
county OF sacramento, and State of California
~, mat on the 18th day of March. A. D. 1898,
there was held in the city of Sacramento. State
OIL California, municipal election; and that
among the several offices to be filed and held
y virtue OF The ballots cast at said election was
thal OF FIRST Iruestee of the city of Sacramento
mat at said election there were two candi-
dates voted tor by the electors of said city for
Gregory and W. d. Comstock
Contestant alleges on infor nation aud belief
aud on such information and belief charge S the
1sct TO be, that OF said candidates so voted for
i sod tha h,
OF votes cast by the electors of said city at said
election for the Office of First Trustee
nat on the i4th day of March, 1890, the Board
OF trustees OF the city of Sacramento, after can.
ysssing the returns of SAID election declared W.
d Comstock, the respondent, the duly elected
FIRST trustee for the said city of Sacramento
SAID w. D. Comstock as such First Trustee; that
the Board Of Trustees of the city of Sacramento
IS the proper tribunal to canvass the returns of
sa1a election and to declare the result thereof.
That the above contestant ]. j. Nagele
hereby contests the right of ssid W. D. Com.
sock to hold and exercise the office of First
trustee IN and for said city of Sacramento
That the reasons and grounds of said contest
are as follows:
First-Contestant is informed and believes
ana SO states the fact 20 be that the Board of
Election in and for Precinct in the First Ward
OF SAID city OF sacramento at said election were
g g4hiity OF MAJ. onduet, committed as follows
ballots for the said W. p. Comstock for the
once OF First Trustee upon which the said
Somstoeks name did not appear and said
Board failed, neglected and refused to count
and tally ballots for Eugene J. Gregory for the
Office of First trustee upon which the name of
the said Gregory did appear.
The document then proceeds to make
fourteen more separate allegations-one
against each precinct Election Board-mak.
ing fifteen in all, each one being an exact
counterpart of the first one, given above
with the exception of the fifth allegation,
which goes on to say:
And contestant further alleges that he il in.
formed and believes, and states the fact to be-
that in Precinct Three, in the Second Ward
there were over 100 Illegal ballots fraudulently
counted and tailed for the said W D. Constoek
at SAID election, by said Board, for the office of
First Trustee
After dealing with each precinct Election
Board separately, the complaint proceeds
as follows
Contestant alleges, on information and belief
that by reason of The said malconduct of the
several Boards OF Election of the above named
election precincts in said city of Sacramento at
said election, that the said ". D. Comstock has
been unlawfully, fraudulently and uniustly de-
clared the duly elected First trustee Of the city
OF sacramento, and thst, by reason of the same
said Eugene Gregory has been unlawfully and
unJustly deprived of his cert iicate of election
to said Office, and would thereby be excluded
from said otiice.
Wherefore, contestant prays the Judge to or
der a special session of the Superior Court To
hear and determine the election contest. and
that citation issue to said W. D. Comstock
and that the Clerk of the Board Of Trustees of
the city of Sacramento be ordered to produce
before this Court the packages containing the
returns and ballots Of the various election pre-
cincts hereint etore named, before said Superior
Court, there to be opened and examined as said
Court may direct, to determine the truth of
heir contents and OF the matters herein alleged
as required by law, and that on such hearing
the election of said w. d. Comstock as First
Trustee OF the city ofsscramento be by the iudg.
ment of this Court annulled and set aside, and
hiseertihcate DETECTION be vacated and set aside
and that Eugene ]. Gregory, having received
higher nun Der of legal votes therefor than the
said Constock, be declared by the Judgment of
this Court First Trustee of the city of sacra-
mento, ana that ne may have Judgment for
costs and expenses.
Superior Judge Van Fleet, after examin-
ing the complaint, made an order to the
effect that a special session of the Court be
held on Monday, April It'll, at 10 A. NJ, for
the purpose Of hearing and determining
the contest, and citation was issued to
Mr.. Comstock requiring that he appear in
Court on that day.
When the news of the commencement of
the suit became noised about town yester.
day, considerable comment and speculation
was INDUCED in pro ana con. Many of
Mr.. Gregory's friends expressed the utmost
confidence that the suit would deYelop
some startling revelations
Mr.. Maggie, when seen By a RECORD
UNION reporter regarding the matter,
did not hesitate TO give his reasons
for commencing the action against Mr..
Comstock. l did it." he said, flor the
simple reason that l am convinced that
fraud was INDUCED in to an alarming ex-
tent on election day TO down Gregory. I
did not consult SIR. Gregory about the mat
ter, and he had no knowledge of what l
proposed to do. In fact, have only seen
Mr.. Gregory once since the election, and
thst was only to bow to him on the street.
/ am member of the City Central Com
mittee, and as such consider it my duty to
show this matter up. I predict-and /
know what I'm talking about, too-that
this contest will show up one of tie most
outrageous conspiracies to down a good
man that ever blackened the fair name of
California"