The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-11
nelther having a chance to win in either

1HcH ne uOcumbnCS served Dy CORNWALL
on the Election Commissioners on Satur-
day night last are recited at length. after
which the petitioner states that unless the
respondents are restrained the returns
Will be certified falsely TO the Secretary of
State and the Speaker of the Assembly.
Inc petitioner gives IL as his firm belief
that EStee was legally elected Governor OF
the State, and then he summarizes his
complaint in the following allegation and
petition:
That the circumstances which render
1t necessary and proper that the writ
herein sought should issue originally from
this court instead of from the Superior
Court of the State of California are as
follows; That the canvass to which these
proceedings are addressed affects espe-
clally the highest executive office in the
State of California; that the people OF the
entire State are concerned in the result: OF
this election that the questions OF law in
volved are of great importance and much
gravity, and that it is necessary to the ends
OF justice that a special decision should be
made therein, which should ba final; that
under and by virtue of the election laws
of the State of California the returns of
election for Governor and Lieutenant
Governor must, during the first week of
the session of the Legislature held next
after the election, be opened, canvaSSed
and the result declared by the Speaker of
houses of the Legislature.
That the next session of the Legisla-
ture of the State of California commences
on the Sth day of January, 1895, and the
returns of election for Governor and Lieu
tenant-Governor must. during the first
week Of that session. be opened. canvassed
and the result be declared by the Speaker
of the Assembly in the presence of both
houses.
''Thatif this application had been made
before the Superior Court an appeal would
have thrown the burden of decision on the
Supreme Justices, and so no time is lost.
That they be required to confine their
canvass to the returns from those pre-
einets in San Francisco. other than the
following, to wit:
Twenty-eghth Dlstrict-Second, Third, Fifth,
Eighth, Thirteenth, Fifteenth, Seventeenth.
Twenty ninth District-Second, Third, Fifth,
Eighth, TeUjh, Eleventh, Twelfth, Fourteenth,
Sixteenth Severn eentb.
Tbirteth District - Sixth, Eighth, Tenth,
Eleventh. Twelfth. Seventeenth.
Thirty.frst District-Firsr, Second. Third
Fourth, Fifth, Sixth, Eighth. Eleventh, Thir-
teenth, Fourteenth, Sixteenth, Seventeenth.
Thirty second District-First. Second. Fifth.
Sixth, Tenth, Eleventh.
Thirty-tnird DislricT-Thlrd, Seventh. Ninth.
Twelfth.
Thirty-fourth District-First Third. Fifth,
Sixth. Eleventh, Fife nth, Sixteenth.
Thirty-dIth District-Tbrd, Fourth, Ninth,
Tenth, Eleventh.
ThirIy-slxth DisIrict-Third, Ninth, Tenth,
Eleventh, Twelfth, Fourteenth, Sixteenth.
ThiTty-seventh Distriet-Third, Fourth, Fifth,
Seventh, Ninth, Fifteenth.
Thrty-eighth DistrIct-Third, Fourth. Fifth,
Eighth.
Thrty-ninth DIstrict-First, Second, Sixth,
Seventh, Eighth, Eleventh, Twelfth. Fifteenth.
Fortielh District-First, Fourth, Ninth, Ihir-
teenth, Fourte nth, Sixteenth.
torty-first District-Fourth
Forty-second District-First. Fourth, Thir-
teenth.
Forty.thrd Disrict-Second. Sixth. Tenth
Forty-foErth District - Third, Fifth, Fiji
FOrty-ffth DistrIct-Seeond, Fourth, Fifth,
Eleventh, Thirteenth, Fifteen I'll. Sixteenth.
Seventeenth,
"And IL is further sought to compel the
defendants to show why they should not
reject, disregard and exclude from their
canvass and estimate of votes cast for
Governor at said election the alleged re-
turns from said excepted precincts, and
why they should not remit and send back
to the respective officers of election of said
above-named precincts, respectively, all
the ballots and alleged returns from said
respective precincts In their possession,
with directions to said election officers to
comply with the law in all respects. TO
wit: By making the ballots and. poll-lists
first agree as to numbers and thereupon to
sign and attest the poll-llstS as required
by law, and thereupon TO proceed with the
counting OF said ballots; and to make the
tally-lists and lists attached and required
by law and TO sign and attest same. and
to seal up said ballots aud lists and indorse
and return the same so sealed to the Regis
trar as prescribed by law.
And that pending the hearing of this
application the said RESPONDENTS be CON-
manded to disregard in their estimate of
votes for the Office of Governor the re-
turns from SAID excepted precincts, and
that upon hearing of the return to said
writ the same may be made peremptory.
And that your petitioner may have such
other and further relief in the premises as
may be just and proper"
When the application was taken before
the Justices they convened in Chief JUS
tice Beatty's chambers and there consid-
cred matters In executive session. 1t was
some time before any decision was arrived
at, but finally Chief Justice Beatty sum-
moned Attorney Miller and ex-Justice Pat
erSOD, VINO represented the interests of
Budd, and said the court had arrived at a
decision.
I'VE have decided that We can issue no
restraining order in this case" said Chief
Justice Beatty. 1--WE have the power to
issue an alternative writ of mandate to
compel the Commissioners to reject or in
clude certain returns; or, rather, to direct
them to do that thing or show cause why
they should not be compelled so to do.
Dub VIC CduuUL loouo du UTuFI
ing them to abstain from acting or to act
any further. We cannot put them under
any constraint. / understand that about
100 precincts are excepted to, Mr.. Miller?"
Miller admitted this was so.
"Well, you ask the Commissioners to
disregard certain conditions. We think
you had better draw up q petition for
writ of mandate and give notice to the
other side, so that both parties may be
heard before US. But for no restraining
order"
Miller asked why the Objectionable part
of the original application should not be
stricken out and the rest stand.
Justice Beatty smiled and said that the
Supreme Court did not belong to San
Francisco alone. AS it was, their regular
business was interfered with at every
election for at least two months. eve
shall not hear an application like this
twice." said his Honor. ''If you persist in
prosecuting this matter give notice to both
sides of your motion for writ of man
date"
Ex-Justice Paterson objected to the
whole proceeding. He said the Supreme
Court was not an Appellate Election
Board.
Chief Justice Beatty said he was pre-
pared to hear Mr.. Paterson's objection
at another time and had in fact antici-
natod ir no aaid SIT ic in cur