The record-union., 1894-12-14
THE CONTEST FOR GOVERNOR.
CORNWALL'S PETITION ARGUED
IN THE SUPREME COURT.
The Decision of the Justices Reserved
Until 10 O'Clock This
Morning.
Special to the REcoRD-UNIoN.

Special to the RECoRD-UNIoN.
SAN FRANCISCO, Dec. l3.-The hall of
the State supreme Court was crowded
tins morning when the GuDernatorial
election contest case came on for hearing
EX-JustIce Van Il. Paterson and Joseph
Nougess appeared as the principal attor-
nevS for the Board Of Election Commis-
Sioners, defendants, though in reality
they represent the interests of Budd.
George a. Knight and several other law
yers appeared in behalf of the petitioner,
Chairman Cornwall of the Republican
Stale Central Committee.
Chief Justice Beatty and Justices De
Haven, Harrison, Van Fleet, Garoutte,
and Mcfarland were on the bench. JUS
tice Fitzgerald having been a candidate
and being interested i'll the decision to be
rendsred.A lid not sit.
Counsel Tor Cornwall, or Estee, at
tempted to secure delay Of the proceed
lngS, but were unsuccessful.
Attorney Paterson, on behalf of the
defendants, then opened his argument.
He confined himself exclusively to the
legal questions involved, as to whether
the petition alleged facts sufficient to war
rant the issuance of a citation to the
Board of Election Commissioners to
come before the court and defend their
official acts. lie argued that petitioner
Cornwall was not the real party in inter-
est. inasmuch as the statute REQUIRES that
an action of this kind must be brought
by the party who Is injured. Cornwall
he declared, could not be injured by the
election OF Budd. He declared too that
the petition asked the court to do indi-
rectly what it could not do directly-that
is, hear contest over the election Of
Governor, which can only be heard by
the Legislature.
Ex-Judge Daily of Ventura arguing for
petitioner, insisted that all that was
sought by the writ of mandate was to
compel the Board OF Election to canvass
those returns which were in proper legal
form, and TO compel precinct election
officers to fulfill their legal duties and
make proper returns.
lnterrupting him, Justice De Haven
said: 1.-The question, as L understand il,
is whether there We're legal returns to
canvass, and what returns were legal"
Having been Strengthened out on this
point, Daily declared that the Election
Commissioners could not canvass any
returns not authenticated as the law re-
quireS, and that their efforts to correct
such returns by citing the election ofli-
GERS to appear and complete their work
was not according to law.
Having been Strengthened out on this
point, Daily declared that the Election
Commissioners would not CANVASS any
returns not authenticated as the law re-
quires, and that their efforts to correct
such returns by citing the election Off
GERS to appear and complete their work
was not according to law.
Daily asked that the Election Commits
sioners be instructed to canvass the re-
turns properly authenticated, and that
the Court direct them what course to
follow with the returns not properly
authenticated.
4 decision of the Illinois Supreme
Court was read, in which it was held that
where returns had not been signed,
through ignorance or inadvertence, cleo
Uion officers might amend the returns by
signing certificates any time before the
vote was canvassed.
The petitioners refused to concede that
this was law, but Justice Beatty inti-
mated that such could be considered good
law.
Long and tedious arguments then fol-
lowed, and motion to dismiss the petit
ton was made.
Justices De Haven and Garoutte said
that If the returns had been properly
certified TO before the canvass of the
votes was finished, they were willing to
grant the motion now.
The decision of the Court was reserved,
however, until 10 o'clock tomorrow
morning.
1t is the general belief that the Court
will refuse TO issue the citation petitioned
for.