The herald., 1897-02-09
SANTA BARBARA
Judge Cope's Decision In the Charter Election
Case In the City's Favor

Case In the city's Favor
SANTA BARBARA, Feb. 8.-The de-
cision of Superior Judge w. B. Cope in
the famous charter election contest has
just been filed with the county clerk.
At municipal election on November
IL, 1896, the proposed charter was de-
feated by thirty votes. Proceedings
were instituted to reverse this result,
and the case was on trial January 2Sth
and 29th and February I'd and Bird. The
recount only reduced the negative ma
jority to twenty-six votes. and the
court now renders judgment in favor of
the city and allows it's bill of costs for
$15705. The findings are as follows:
In the Superior Court of the County OF
Santa Barbara, State Of California.
H. G. Crane, plaintiff, VS.. the City of
Santa Barbara, the Mayor and
Common Council, defendants:
The above cause having been tried
before the court sitting without a jury,
and jury having been expressly waived
by the respective parties, the court now
finds from the evidence in said cause
the following facts. to-wit:
l. That none of the allegations of par
agraphs X and XI Of the complaint are
true and that all other allegations of
said complaint are true.
2. That there was no misconduct on the
part of the judges, inspectors or any
other officers of said election or on the
part of any of said officers.
3. That a majority of the qualified
electors voting at said election mention
ed in said complaint cast their ballots
and voted against the ratification of
said proposed charter and that said ma
jority was and is twenty-six, there be-
ing five hundred and four votes in favor
Af hn nf sol nj, ort n
five hundred and thirty against such rat
ification.
Conclusions Of law: From the fore
going facts the court finds as conclusions
of law that the proposed charter was not
ratified by a majority of the qualified
electors of said city of Santa Barbara; /;
that plaintiff is not entitled to any relief
herein; and that defendants are en-
titled to their costs and disbursements
herein, except teller's fees.
Let judgment be entered accordingly.
W. B. COPE, Judge.
The trustees of the public library were
in session yesterday afternoon at their
rooms in the library building. Trustees
S. B. P. Knox, ]. NJ. Short, H. F. Ma
guire and E. c. Roeder were in attend
ance. The following is a resume of the
January report of Librarian Mrs. M. c..
Rust: Books loaned, 4457; new cards
issued, 95; cards now in circula ton, 1875;
books donated, 81; books mended, PIP;
receipts (fines), $1120; cards issued to
persons residing out of city limits, $1.50;
total, $3.50. The insurance on the
property having expired, the board or
dered that a policy of $4,000 be written.
A number of bills amounting to $275.75
We're ordered paid and the meeting ad-
journed
One of the triplets born two weeks
ago to an Italian couple residing at
Sycamore canyon died today. The
mother died during the birth of the in
fants. The two remaining babes will
be taken to San Francisco and placed in
AN orphan asylum.
Mrs. Richard Aubrey gave birth to
twins last night. The propagation of
the human race seems to be rapid in the
Channel City. Within q comparatively
short time there have been three cases of
twins and two of triplets.