The morning call., 1894-12-18
Is 1T WISE AND EXpEDiENT ?
Why the Proposed Contest Should
Be Avoided if Possible.

Editor Calt-SIR: The Republican State
Central Committee has formally declared
its intention to contest the election of
James II. Budd as Governor. 1t is a per-
fectly proper proceeding if the committee
thinks that Candidate Estee was defeated
by fraud. Any citizen may contest CUB
ernatorial election, to say nothing of the
State committee of party. The question
is whether such a contest would be wise
and expedient.
In general way there are two allesa-
tons out concerning the manner In which
Mr.. Estee's defeat was brought about in
San francisco. One is that fraud was
perpetrated in the count and returns
The other that Mr.. Estee was knitted by
his Republican friends. He remarked
himself, in his statement to the committee
last Saturday, that he had been bea an by
Republican votes.
While it may be true that Mr.. Estee was
so slaughtered in the house OF his friends,
it does not, in itself, give any occasion for
contestlng an election. Whatever his
motives may have been, good or bad, a
Republican elector has a perfect legal
right to vote against the candidate of his
party If he so chooses. That phase of the
matter cuts no figure in the proceedings
Yet there Is pretty general impression
abroad that Mr.. Estee stated the major
reason for his defeat.
As to fraud in the returns ii may as well
be admitted that it would be very difficult
for either to prove that charge. it is safe
to say that many election officers were too
stupid or too Drunk to make their returns
correctly. The whole matter is in such
bad shape that it would be almost mpos-
Slble to stralghten 1t out to the satisfac-
lion of any one. An impartial court
would be staggered by the nature of the
task were contest brought before it. A
partisan committee of either political
party could find ample matter in the con-
ditiOn OF The returns to confirm it in. the
opinion that something was wrong. When
such committee finds something wrong
or doubtful it Is likely to construe for the
benefit of its own party.
The Political Code requires that the
members of the legislative committee to
try a contested election case shall be
chosen by lot. With only fourteen
Democrats in the Senate and twelve
in the Assembly it is hardly pos
sible that committee so chosen
should not be strongly Republican
Ihat anu the notorious condition of
the San Francisco returns will cast q
strong suspicion upon the work of the
committee should IL decide that Mr. Estee
should be seated instead of Mr.. budd
The best intentions of the committee and
the fairest methods of procedure could not
clool III VI ouCh suSplCiOu III LndG event. is
the game worth the candlr? Perhaps it
should be written scandal" instead of
Candle"
1t is a pity that all this cannot be
avoided by different method of getting
at the facts. There are only sxly-six pre-
ciucts, involving about 1000 votes, on
which the proposed contest rests. Ii the
State Central committees of the two
parties would make up an agreed case and
take 1t before the Supreme Court the
whole thing could be settled in a few
days. If contest is made in the Lepis-
lature it is likely to drag through the ses-
sion and perhaps longer. There is also
grave doubt as to the cnnstitutionaity OF
such proceeding. In anv view it is a
thing to be avoided If possible
NON-P ARTISAN