The herald., 1894-12-11
The Supreme Court Refuses
to Be a Party to
the Fraud.
CONTESTANTS REBUKED.
of Mandate Is Denied The
Conspirators Given .
Backsst.
By the Associated Press.

Dan hANCIoCOs OoCs IVA pUtlt Ch4
storm that has been gathering for many
days broke here today when P. B. Corn
wall, chairman of the Republican state
central committee. went before the state
supreme court and took the initial step
in what Is to be contest of the election
OF James II. Budd. the Democratic can
didate a. governor of California.
In San Francisco, owing to the incom-
petency of election precinct officers. and
in many instances their corrupt
methods. the returns from many pre-
cincts have not been properly certified
to the board Of election conn
missioners, which 10 just COM
plsting its canvass OF the returns.
In several precincts the officers have
not signed their returns and refuse to
do so. Twelve officers Of one precinct,
in which glaring frauds have bsen dis
covered, are now under arrest for refus.
ing to certify to their returns. It is
claimed that If the vote of all these pre-
cincts, in which there have been such
Irregularities, shall be thrown out, over
10000 votes will be stricken from the
returns. 1t was in San Francisco that
Budd polled his big vote. and as his to-
tai plurality in the state is less than
1900, it is plain that the throwing out
Of the returns from all these precincts
will defeat Budd and seat Eatee, the Re.
publican candidate.
THE THING ATTEMPTED.
The Republican state central COM
mittee has decided to attempt that very.
thing. In pursuance of their plan,
Chairman Cornwall this afternoon filed
a petition with the supreme court for .
writ of mandate upon the registrar OF
elections and the board Of election COM
missioners. citing them to appear and
show cause why they should not throw
out and refuse to count the vote Of oil
precincts the returns from which show
irregularities. The supreme court now
has the petition under consideration. On
the state supreme bench the Republicans
have a majority, but il is not to be pre-
sumed that this fact can have any bear.
ing upon the question in issue. II the
court shall decide i'll favor of the Re-
publicans, the effect of the decision will
be immediate and conclusive and Estee
will be seated. Ii decision adverse to
the Republicans shall be rendered, it il
their declared intention to carry the
contest to the state legislature, where
they have an overwhelming majority.
The Democrats are furious. They de
clare that all the election officers in
San Francisco, on account OF whose
frauds and Incompetence it is proposed
to throw out these returns, were ap-
pointed under Republican administras
ton and did the bidding of the regis-
trar OF elections, who ia a brother-in-law
to d. M. Burns, secretary and the prac.
tical head Of the Republican state or
ganization.
PROCEEDINGS INAUGURATED.
4do pioCooNuko WOto W
P. B. Cornwall, chairman of the Repub.
lican state central committee, who filed
with the clerk of the supreme court an
affidavit setting forth that he believes
that Morris NJ, Estee was legally chosen
governor of the state of California at the
late election, but that errors and frauds
have made it appear that James H.
Budd received q plurality of the votes
cast. Mr.. Cornwall recites his reasons
for applying to the supreme court in.
stead of the superior court, as is usual
in such cases, aa follows:
The circumstances that render 10
necessary and proper that the writ here
in sought should issue originally from
this court, instead OF from the superior
court, are as follows: That the canvass
to which these proceedings are addressed
effects especially 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 tho
questions of law are Of great import
ance and much gravity, and it is neoes.
ssry for the ends of justice that .
speedy decision should be reached heres
in, and that it should bs final.
The canvassing of the vote by the
legislature during the 6rst week OF its
IA