The record-union., 1894-12-11
Special to the REcoRD-UN1oN.

]
days broke here to-day, when Z. b.
Cornwall, Chairman of the Republican
State Central Committee, went before the
State Supreme Court and took the initial
step i'll what is to be a contest for the
erection of James Ii. Budd, the Demo-
cratic candidate. as Governor OF Califor-
| MIA
In San Francisco, owing to the incom-
potency of precinct elec tion officers, and
! In many instances their corrupt methods,
the returns Of many of the precincts have
not been properly certified to the Board
OF Election Commissioners, which is just
! completing 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 been discovered, are
now under arrest for refusing TO certify
/ TO their returns.
l. Is claimed that if the vote of all these
precincts IN which there have been such
! irregularities shall be thrown out over
! 10000 votes will be stricken from the re-
! turns. 1t was in San Francisco that Budd
| polled MS big vote, and as his total plu-
| raIlty IN the state IS less than 800 it is
! plain that the throwing out of the returns
! from all these precincts will defeat Budd
and seat Estee. the Republican candidate
| The Republican State Central Committee
has decided to attempt this very thing.
IN pursuance OF their plan, Chairman
! Cornwall this afternoon tiled petition
with the Supreme Court for writ of
! mandate upon the Registrar of Elections
| and,Board of Election Commissioners,
| citing them to appear and show cause
! why they should not throw out and re-
| tuse TO count the vote of all precincts the
returns from which show irregularities.
| nrtl hos 2 t,N,
under consideration.
On the Supreme bench the Republicans
have majority, but il is not 10 be pre-
Sumed that this fact can have any bear
| ing upon the questions in issue If the
court shall decide in favor of the Repub-
licans the effect of the decision will be
immediate and conclusive, and Lstee
Will be seated. If decision adverse to
! the Republicans shall be rendered il is
their declared intention to carry the con-
! test into 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 fraud and
| Incompetence 1t is proposed TO throw out
| these returns. were appointed under a
! Republican administration. aud did the
| bidding of this Registrar of Elections.
who is a brother-In-law to d. Nj. Burns.
| Secretary and practically the head of the
Republican State organization.
1he proceedings lnaugurated by Corn
| wall set forth that he believes that Morris
| NJ. Estee was legally chosen Governor of
| the State of California at the last election.
but tnat errors and frauds have made it
appear that James III. Budd received a
plurality of the votes cast.
Mr.. Cornwall recites his reasons for ap-
plying TO the Supreme Court instead of
! the Superior Court, as is usual in such
| cases, as follows:
The circumstances that render it
| necessary and proper that the writ herein
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, affects
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 the questions
| of law involved are OF great Importance
and much gravity, and ii is necessary for
the ends OF justice that speedy decision
should be reached herein, and that it
should be final"
The canyassing of the vote by the
Legislature during the first week of its
session IN January is cited as an addi-
tional reason, and the petition continues:
That ii this application were made TO
! the Superior Court the result would be
declared and person not entitled to the
Office OF Governor would be given that
Oil1Ce DclOLS tiS party WOnlO nave
an opportunity TO obtain proper relief.
owing TO the delay that would arise by
reason Of proceedings in the court below.
time lost in appeal, etc."
The petition prays the court TO order
| the Election Commissioners not to cam
vasS other than 129 precincts in San Fran
| cisco, which are named, and that the
! Commissioners be ordered to reject. dis
regard and exclude from their canvass of
| the votes cast for Governor the alleged
returns OF the excepted precincts. The
total number OF votes involved is q, ,949,
OF. which 12,575 were by the Election
/ Commissioners accredited to Budd and
1913 were added to Estee's column. The
| remaining votes were divided among the
other candidates for Governor
The petition was presented to the court
by George a. knight.
EX-Justi Patterson appeared before
the court and said that MIR. Budd would
not object TO recount of all votes cast in
San Francisco before a legally recognized
tribunal, whose privilege it was To per-
form that duty. He said that no COPY of
the petition had been served on him, and
he would ask for two or three days in
| which TO look it over and decide what
I ought to be done on behalf of his client
MIR. Knight, who appeared for Mr..
| Cornwall, insisted that the vital point was
the issue OF mandate TO compel the
| Election commissioners to omit the OBJ
JectionaDle precincts from their total foot
ings.
On that issue the matter was taken un-
der advisement by the court, all the
members OF the court participating.
Finally the attorneys were summoned
before the Court, and the Chief Justice
said: AT this hearing no restraining
order such as is asked for can be issued.
We have no power to issue mandate to
the respondents commanding them to in
cIude IN their canvass returns they think
ought To be rejected, nor to reject what
they deem proper to include. We NAV
order them to do certain things, or to
omit certain things, or to show cause
| why they do not do so. In the meantime.
we have no power TO issue restraining
| order commanding them to do or not to
| do what they are advised to rightfully do
iii the premises. We can not say to them.
for instance, that they shall disregard or
| reject certain returns that are before
them."
Mr.. Miller. Mr.. Estee's partner. too K
up the discussion and asked the court
what course would be most convenient
for future proceedings in the case
'The convenience of the court would
be best served by not having TO hear this
! application at all /" said the Chief Justice.
| ''but if it is the intention to pursue this
| subject further, probably the best thing