The morning call., 1894-12-14
HEARD In BANK. /
p. B. CORVALLIS Petition
Considered
BEFORE THE SUPREME COURT
A Go-as-You-Please Discussion
Among the Lawyers.
JUSTICE PATERSON'S DEMURRER
After Much Argument the Court
Reserves Its Decision Until
This Morning.
7FoRE THE SUPREME COURT
JUSTICE PATERsON'S DEMURRER


occasion of the hearing of an application
by P. B. Cornwall, as chairman of the Re-
publican State Central Committee, for a
writ of mandate to compel the Registrar
aud Election Commissioners to throw out
Of their reckoning nearly 100 precincts in
the city of San Francisco, on the ground of
various alleged irregularities in the return
of the pOl-lists and ballot papers. 1t was
claimed that If the precincts excepted to
were excluded from the official count. the
result would so materially alter the posi-
tions of the candidates for gubernatorial
honors as 10 give Eslee a plurality over
Budd.
On Monday last Chief Justice Beatty
declined to issue any temporary restrain
ing order, which was first asked for,
upon the Commissioners, aud after mark
eJly emphasizing the words "if you per
Sist in this course" addressed to EStee'S
partner, Attorney Miller, he on behalf of
the court finally consented to hear an ap-
piicatiOn for a Wit of mandate yesterday
morning. providing due notice of the
plaintiffs intention TO apply for such writ
were served upon the defendants. "We
don't want to 90 over this thing twice."
said his Honor
Well. the notice was served and the
whole affair cana UP before the court in
bank yesterday morning. The Justices
on the bench were Chief Justice Beatty,
Justices Harrison, De Haven, Van Fleet,
Garoutte and Mcfarland. Justice FtZ-
gerald was absent, deeming himself dis
qualified By reason of his candidature a
the recent election, which was the subject
of Discussion. Justice Van Fleet was also
p candidate, but be sat through the early
part of the proceedings.
The attorneys appearing for the petit
lor OF4 No
firm of Estee & Miller, George A. Knight
and Charles }. Heggerty, ex-Justice a. L.
Rhodes and Judge Daley of Ventura. rep
resenting the Republican State Central
Committee. EX-Justice Van r. Paterson
and Attorneys John CARRIER. I. g. Bishop,
joseph NOugues. /. Z. COogan and James
l.. Robson appeared for the Election Com
missioners, VINO were pers Onally repre-
sented by Mayor Ebert and City and
County Attorney Creswell. Gavin Nc
Nab. Andrew j. Clunie. W. T. Lawlor
and other prominent Democrats took an
interest in the proceedings.
The case was called up and then At
orney Miller Informed the court that
some misunders anding had arisen respect
ing the petition. He had understood that
it would not be called that morning. I'VE
held & consultation the other day." said
Miller. land | understood Judge Paterson
10 agree to waive notice in this case.
Judge Paterson declined to waive the usual
notice. but instead came before this court
and obtained an order shortening the no
tice 10 five days.
Chief Justice Beatty was understood to
say that the court did not understand that
the notice had been altogether waived; so
that the motion TO shorten it TO five days
was enteT aimed.
Fx-Justice Paterson explained that he
did not waive notice at all, but If the
court pleased he was ready TO proceed with
the hearing of the motion. 1t ought to be
disposed of as soon as posi- bic in the in
terest nf all parties. That also was the
special desire of Mr.. Budd.
"Tbe parties defendant IN this case are
the Election Commissioners" said the
Chief Justice. WHO is their representa-
tive ?''
81 am" answered Judge Paterson.
''They are ready and willing to proceed"
That point set led, the Chief Justice an
nouuced that q habeas corpus case had
been previously set for hearing that morn
ing and the business Of the court was
10 take this uD first. So The case
of }. a. Buckley. one OF the election
officers from the Thlrty-ffth District.
charged with tamDering with the ballots,
WAS called. The matter was argued by
Attorney Haskell on behalf of Buckley,
claiming that his clients arrest was
illegal and void. and that there was no
eTlie0f6 IN lEOuuctu at Lle preliminary eA-
animation before Judge Wallace 90 show
tina Buckley had anything TO do with the
tTansgresslOn, If traHsgreSSiOn there was.
After half an hour or so o argument, the
y after was ordered submitted, and the
court proceeded az once with the hearing
of the gubernatOrIal petition.
AT the outset Justice Van Fleet inOuired
of Judge Paterson whether there was auy-
thing In the matter before the court that
would render him disqualified 10 sit on the
rase. Judge Van Fleet called attention to
the fact that he himself was a candidate
az the election which was under discus
sion.
81 will touch upon that directly" re-
piled Judge Paterson, but in the mean
lime ! would like to ask that those Elec
ton Commissioners who are present he
allowed 10 leave the courtroom. They
have a most Important duty to perform for
the people," said Judge Paterson. refer
ring to the necessity of sending in their
returns of election to tie Secretary of
State.
"They are not here in response to anv
order of this court" said the Chief Jus
tice. IF they are here, 1t is Of their own
will and motion"
"But they've been asked to respond
here to-day to this petition for writ of
mandate"
THAT is merely notice issued by coun-
sell" repled ms Honor. 1--WE made no
order whatever This case need not go on
except by consent"
Judge Paterson said that his argument
in ans wer to the petition would not take
long to deliver, and he proceeded at once.
He said the whole proceedings were
clearly irregular. In presenting a de-
murrer TO the petition he said that the
sole legal question to lie determined was
whether or not the petition alleged facts
sufficient to warrant the Issuance of a
writ of mandate to the Election Commits
sioners.
''lt might be well to consider" arSued
Judge Paterson. "where this matter should
lead to should a writ Of mandate be
granted. II would mean much more than
simply sending certain tally lists back 10
the precinct officers to be properly made
out. Ii would mean that certain number
of votes would be thrown out of the re-
turns. and instead of Budd being declared
Governor Estee would be the man. That
would mean that the returns from every
voting precinct in California must be
brought here to this court and that the
court sit as an appellate court to canvas
the entire returns of the State. That cam
not be done. This court is not an appel
late election board and mas no such power.
"You mean the ballots would have to be
Il -