Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-03-18
The NEW MAYOR.
W, D. CoMsToCK TAKES HIS SEAT AS
NJ FIRST CITY TRUSTEE.
Most of the Precinct Election RETURNS
Informal, and Major Anderson OBJ
jects to Their Canvass.

jects to Their Canvass.
The regular weekly meeting of the Board
OF City Trustees was held yesterday morn
ing. The three members, Mayor Gregory
and Trustees Mclaughlin and Wolf were
present. The Chief Engineer of the Water
Works reported that during the week
ending March 18th Is, 265, 900 gallons of
water were pumped. The Holly engine
was in operation 164 hours, and the Stevens
8 hours.
w. D. Comstock, the newly.elected
Mayor, sent communication to the Board
rendering his resignation as member of
the Board of Fire Commissioners. The
matter was referred 10 the Fire Commits
sioners for their action.
Permission vas asked of the Board by
certain parties to operate shooting gallery
at SIT K street. The request was granted.
n. NJ. Drew, o. A. Lovdal and other
property owners on . street, above Twelfth
were present and wanted to know why the
notice of resolution of intention to grade
the street was not posted along that thor
oughIare, as was the custom. One of the
delegation said he understood that the law
required that notices be posted, and he did
not want snap Judgment to be taken on
him. He said he hadn't seen one notice
on the whole street.
Engineer Pierson was called in, and
stated that he had put the notices up him
self and distributed them on that street, as
he had done on all others where grading
was about to be done.
Sidewalk Inspector Starr and others said
they had seen the notice properly posted.
WHO is THE GUILTY RASCAL?
Clerk Mckee stated to the Board that
from the appearance of the small drawer
in his desk, where the keys to the lockers
were kept it had evidently been tempered
with. He had notified the Chief of Police
who stated that he would endeavor to ascer-
tain who the guilty parties were.
Some thought the intention of the in
truders was to get the key to the locker
where the ballots were kept, but it would
have done them little good, as the latter
were securely locked up in cell in the city
prison.
STREET WORK AND COAL SUPPLY.
Permission was granted to man named
Twaddle to grade the street in front of his
property at Twenty first and N streets.
Trustee Wolf stated to the Board that the
contract for furnishing coal to the Water
works expired on April LIST, and he thought
the better plan would be to advertise this
year for certain amount for the whole
year, instead of paying for it by the ton, as
was the case last year.
Mr.. VOLTS suggestion was thought TO be
a good one, and the contract this year will
be let accordingly.
INFORMAL TALLY SHEETS.
The matter of canvassing the ballots cast
at the election last Tuesday was taken up
On the tally sheet of the first precinct of the
First Ward the signatures of the officers
were not on the document and the tally
sheets of the first and third precincts of the
Second Ward were in the same condition.
The Mayor said the Board could not con-
slider the figures of these sheets as correct
until the signatures of the Board of Election
Officers were on them, and he doubted that
if at this late day it would b. legal for them
to sign the lists as correct.
Trustee Wolf said he thought the rest of
the boxes should be opened 10 see If the
other tally-sheets were signed. After all
had been opened the Board could order
the election officers whose names were not
found on the sheets to appear and certify
to the correctness of them.
ELECTION OFFICERS SUMMONED.
Mayor Gregory said he would vote
against opening any more of the boxes
five had been opened. He wanted every
member of the Election Boards through
out the city to appear, in the interest of
public justice, before the Board of Trustees
at o'clock in the afternoon and witness
the opening of their respective boxes.
Then The sheets were found without sig
natu. ley could see them before there
would be any possible chance for tam
pering.
L.
all members of the Election Boards appear
at clock, and police officers were sent
around to serve the notices.
The Board then took a recess till O'Clock
Pm.
AFTERNOON SESSION.
When the Board re.convened in the
afternoon the room was filled with election
officers and other citizens who were at
tracted By curiosity to witness the proceed
ing of canyassing the ballots.
Mayor Gregory explained to the as
sembled election officers the purpose in
calling them together. He said that it was
expected that every officer affixing his sig
nature TO the lists must be certain tina. he
is signing such lists as they appeared on
the night of the election at the close of the
counting of the ballots. The Trustees
must have these signatures before they
could act, bat there were certain legal
points lnVolVeu winch IL was not the
province of the Board to determine
The officers of the first precinct OF the
First Ward affixed their signatures to the
unsigned sheets used in that precinct
The Board then resumed the canvass of
the tally-sheets until those of the first pre-
cinct of the Second Ward were reached,
when the unsigned sheets duly received
the signatures of the election officers, after
a careful examination of the same.
Ill, i, 6 Al. IL.
Second Ward, were both found in the same
envelope. One gave Breckenridge. for
Chief of Police, three votes, and the other
none. These lists had also to be signed by
the officers.
MAJOR ANDEEsoN's PROTEST.
While this was being done, w. A.
Anderson asked the Board to place him on
record as saying:
The Board of Trustees have power only to
canvass the returns received. There is no
power vested to try and determine issues, or to
exercise judicial functions. 1t Is the duty of the
Board to canvass only the returns that are legal
and regular, and declare the result therefrom.
There is no authority to call IN witnesses to
verify tally lists OF returns. The tally lists of
number OF precincts, while the exclusion there
of cannot affect the general result, should be
excluded, for it is the duty of the Board to ig-
more the same and declare the result from those
returns that are legal and regular. The Board
cannot authorize the correction or verifying of
blank piece OF paper. Some OF these returns
are nothing more than a blank. IL would be
very great encIoachment ON the judicial depart
ment to allow mere ministerial body to sum-
mon witnesses and exercise judicial functions
in an e1 pdrte manner. No ones rights are
ieopardized by adhering TO the law. for should 1t
occur that all the returns from election precincts
are blanks. the counts could be appealed to,
when the power is vested to adjudicate upon
the rights OF parties. Ii is well-setted princi-
pie OF law that no officer of election or other
wise by any negligent or fraudulent act can dis
franchise the citizen and elector; yet the ne
glect or fraud must be determined by Court of
Competent jurisdiction. The Board OF Trustees
do not constitute such Court. lew years ago
no less than three counties of this State were
excluded from the general election returns be-
cause the officers of these counties did not CON-
ply with the formalties of the law. Here we
have three or four precincts that, in fact, are
not returned 70 the Board of Trustees, because
the tally lists so-called. are not authentic ted
in any form-mere blanks. Certainly the Board
of Trustees is not empowered to supply this in
formaity-ths absolute neglect IL is the duty