The San Francisco call., 1896-05-03

Thirty-fourth District-J. K c.. Hobbs, s. L. |
Lent, Cord ID. Wetlen, George w. Elder, E. b. |
Bettner.
Thirty-fifth District-John D. spreckels. John |
u. Daly, u. l. New kirk, c. NJ. Depew, D. F. Null
-, ,Thirty-sixth District-W. II. Chapman, w: s.
dhargood, 81. Smith, w Linden, ]. Mccarthy,
Charles Lempe, Henry E. Holmes:
Ray, Andrew McElroy, E. p Barrett, Gustave
Ponlman, Z. H. Aigeltinger, Richard O'Don-
NELL w. A. Halstead
Forty-frst District-o. B. Baldwin. Wallace
Bradford, J. ID. Boyer, /. F. Kidd Edward Fox,
Charles Wilkinson, George T. Phelps, R. A.
Grler, Charles Burdett.
That on the Goth day of April, 1896, there
was hlled before this committee a contest re-
laung to the election of delegates in and for
the Ihirty-seventh Assembly District; that on
tne Z3d day of April, 1896, there was filed be-
lore this committee contest relating to the
election of delegates from the Fortieth Assem-
ply District; that upon the filing OF said con-
test this committee took cognizance OF the
same and at regular meeting thereof ap-
pointed Wednesday, April %, 1896, as the day
LOT the hearing upon said contest; that on
SAID last-named date the said hearing upon
SAID contest for the said Thirty-seventh and
Fortleth Assembly districts was had before
this com mittee, which then and there pro-
ceeded with the hearing thereon and received
testimony and evidence oral and documen-
tary, with relation thereto; that by mu-
tual consent of the. respective contest
the primary election in the Fortieth
District was first heard by this committee.
That at the hearing of said contest in said
Fortieth Assembly District this committee
gave the fullest opportunity to the contestants
therein to establish any fact tending to prove
theillegality of said election. or the right of
said contestants to seats in said conventions,
as the legally elected delegates thereto. That
upon such hearing it clearly appeared to this
committee that for the regular ticket at said
primary election there was polled for each of
the delegates thereon 935 votes. That the op-
position ticket, upon which were the names
OF said contestants, received thereat seventy
tive votes. 1t further appeared TO said COM
mittee that the election officers conducting the
same endeavored in good faith to hold and
conduct a legal election and TO prevent fraudu-
lent voting thereat. 1t was conceded at said
hearing and by said contestants that whatever
irregularities might have occurred during said
election would not change the result thereof,
and that the said regular ticket received q large
majority of the bona ide votes cast at said
election in said district. 1t is further admitted
by said contestants that the count of the votes
cast at said election in said district was hon.
estiy and fairly conducted, and that all of the
ballots cast IN favor of said contestants were
properly counted. In view of these admissions
on the part OF said contestants this committee
has found and now reports that the following
named persons are the duly elected and quail
fed delegates from the Fortieth Assembly Dis
and as such are entitled to seats therein: Max
Brooks, William Wilkinson, w. L. Cole, B. d.
Pike, John c. Noomann, H. w. Miller, Bert +.
Miller, John b. Carson and Thomas Eager.
The committee further reports that after
the hearing of the said contest in the said
Fortieth Assembly District it proceeded with
the hearing of the contest in the said Thirty
seventh Assembly District; that at said hear
ing and in support of said contest there ap-
peared certain gentlemen, residents of said
district, among whom were E. T. Donnelly, ].
Z. Field ard NJ. j. Waldheimer; that in oppo-
sition OF said contest and in support of the
regular ticket at said primary election ap-
peared also several gentlemen, residents OF
said district among whom were J. Alva Watt
and the candidates upon said regular ticket;
that all OF these gentlemen, representing said
contest and the opposition thereto, appeared
TO said committee TO be Republicans of stand
ing, prominence and respee;abiiity in said dis
trict and 70 be OF that class of citizens who
would not willfully conduct a fraudulent or IL
legal primary election countenance the
commission OF fraud and illegal voting thereat;
that every facility was accorded to both
committee all of the evidence which
they possessed in support of and in opposition
to said contest and a full hearing was had by
said committee OF such evidence. From said
evidence and from the admissions of both
sides to said contest it appeared TO this CON-
mittee that there had been certain irregulari-
ties in the conduct of said election on the part
OF the adherents of both tickets voting thereat;
that there had been illegal votes cast thereat;
but to what extent or for which of the tickets
this committee was unable, from the evidence
presented before ii, TO determine. That Il did
not appear to this committee, from the evil
dence adduced before it, that there was sufi-
cient illegal voting at said election TO change
the result thereof certified 10 this committee
by the said county committeeman conducting |
said election.
That the returns and certificate of said |
County Committeeman show that the regular |
ticket at said election in said Thirty |
Assembly District received 1892 votes, and |
that the opposition ticket received 135 votes. |
That this committee therefore reports and GER
tines that the foregoing named persons are the
duly and regularly elected delegates to said
district and State conventions from the said
Thirty-seyenth Assembly District. and as such
are entitled to seats in said conventions,
no. oil pr1rt N.at1 Il I1k,v,
II Hegler, John ID. Gray, A. ]. Raisch, James
Alya Watt, Fred Eggers and John Gallagher.
1t further appeared 10 this committee that
the contestants in said district had not prior
to said hearing upon such contest, had access
to the poll-lists and talysheets of the precinct
officers conducting said election, and that
prior TO said hearing they had not demanded |
the same. That this committee has placed at
the disposal of said contestants the said poll |
lists and tauy-sheets showing the number of
votes cast thereat and the names and residences
of each and every voter who is claimed TO
have voted at said election.
That with such facilities the said contestants
have the means OF determining who were in
fact the bona fide voters at said election and |
whether there were sufficient Illegal votes cast
thereat to change the result as certified to this
committee, and also whether there had been
an illegal count of the votes cast at said elec-
ton in favor otsaid contestants, and whether
ali OF the votes which were cast in favor of
the ticket OF said contestants had been fairly
and honestly counted, and this showing has
not been made before this committee by said
contestants.
This committee further reports that on the
Goth day of April, 1896. there was filed with
this committee certain reported credentials
signed by one Leon Dennery relating TO pri-
mary election purporting to have been con-
Quoted by said Dennery in the Forty-first
Assembly District; that on the day set for
hearing OF all contests and other matters re-
lating to said primary election, nor at any
other time did said Dennery or any one in
his behalf appear in support of said creden-
tials or make any showing before this conn.,
mittee that aid alleged primary election con-
Quoted by said Dennery was legal primary
election, or that said Dennery had any right
to conduct the same or that delegates were
entitled or the delegates purported to have
been elected tnereat, were entitled to seats in
said conventions.
Your committee, therefore, find that the
said delegates named in the credentials of said
Dennery have no rights whatever delegates
to said conventions, or either of them, and are
not entitled to seats therein.
witness our hands this I'd day of May, A. D.
1896. JAMES W. RE1,
Chairman.
JOHN E. RICHARDS,
Secretary.
ALBERT L. STETsoN,
ROBERT L. ToPLITz,
w. B. LAWRENCE,
WILLIAM MoIR.