The herald., 1894-12-14
THE VOTE FOR GOVERNOR
Budd's official Plurality Is
1906.
Millard Has 21,679 Over
Jeter.
The GubernatOrial Contest Case
Argued.
A Motion to Disnaiss Cornwal's Petition
Taken Under Advisement-A
Decision to Bo Made
To-day.

SAN FRANCISCO, Dec. 13.-The COM
ple:ion of the official vote for governor
shows the election Of Budd by plurali'
ty of 1908 over Estee. out Of total vote
OF 2S4, ,547. For lieutenant.governor, Mil
lard (Republican) has a plurality OF
21,679 over Jeter (DemocraO.
CONTEST PROCEEDINGS.
SAN FRANCISCO, Dec. 13.-The hall OF
the state supreme court was crowded
this morning when the gubernatorial
election contest case came ON for hear
ing. Ex.Justice Van r. Patterson and
Joseph Nougess appeared as the primo
ipal attorneys for the board Of election
com missioners, defendants, though in
reality they represent the interests OF
Budd. George A. knight and several
other lawyers appeared on behalf OF the
petitioner, Chairman Cornwall OF the
Repu blican state central committee.
Chief Justice Beatty and Justices De
Haven, Harrison, Van Fleet, Garroutte
and Mcfarland were on the bench /;
Justice Fitzgerald having been candi-
date, making him interested in the des
cision to be rendered, did not cit.
Counsel for Cornwall or Fstee at-
tempted to secure a delay OF proceed
inge but were unsuccessful.
Attorney Patterson. on behalf OF the
defendants, opened the argument. he
confined himself exclusively to the legal
question involved, as to whether the
petition alleged facts sufficient to war
rant the issuance OF citation to
the board of election commissioners
to coms before the court and
defend their official acts. He argued
that the petitioner, Cornwall. was not
the real party in interest. 40 the statute
required that an action OF this KIND must
be brought by the party who is injured.
Cornwall, he declared. could not DO in
jured by the election OF Budd. He de-
clared, too, that the petition asked the
court to do indirectly what it could moi
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 the petitioner, insisted that all that
was sought by the writ of mandate WAS
to compel the board of election com mis-
sioners to canvass those returns which
were in prope legal form, and to compel
the precinct erection officers to fulfill
their legal duties and make proper re-
turns.
Interrupting him. Justice DeHaven
said: "The question, as l understand it,
ia whether there wore legal returns to
canvass and what returns were legal. "
Having been straightened out on this
point, DAILY declared that the election
com miesioners could not canvass any
returns not authenticated as the law
requires, and that their efforts to correct
such returns by citing election officers
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 returns not properly authen~
ticated.
A decision of the Illinois supreme
court WAS read, In which it was held
that where election returns had not been
signed through ignorance on inadvert-
encs, the election officers might amend
the returns by signing the certificates
any time before the vote had been
canvaesed. The petitioners refused to
concede that this was the law, but Chief
| Justice Beatty intimeted that such would
be considered good law.
Long and tedious arguments then fol-
lowed, and a motion to dismiss the pc
tition was made. Justices De Haven
and Garroutte said that if the returns
had not been properly certified to be-
fore the canvass of the votes was fin
| ished, they were willing to grant the
motion now.
The decision of the court was re.
served, however. until 10 O'Clock tomor-
row morning. 1t is the general belief
that the court will refuse to issue the
citation petitioned for.