The San Francisco call., 1906-11-17
OFFICIAL COUNT IN.
A BAD TANGLE
Neglect of Clerks to Make
Record of Votes Is the
Cause of Much Difficulty
CONTEST UNDER WAY

Should the Board of Election Com
missioners adhere to its decision to
throw out the entire vote of every pre-
cinct where the precinct officers failed
to enter the results en- the official tally
sheets. serious complications may arise
Plans were set on foot yesterday to
appeal to the courts TO straighten out
the tangle. but nothing definite was
accomplished. The number of votes
already thrown out as result of the
ruling approximates 400.
Lucien Shaw. Associate Justice OF
the Supreme Court. conferred with the
Commissioners yesterday, making the
suggestion that the precinct boards OF
election might be asked to complete
the work which they were appointed
to perform. Later in the day the can
vass of the returns was suspended in
order that application for a writ of
mandate might be made to the Su-
preme Court whereby the delinquent
election officers would be required to
complete the work of inserting the
figures of the vote cast for each can
didate and the vote for and against
each constitutional amendment on the
official tally sheet.
The semi -officlal returns are ac-
Ccpltu DIS COITcCls Dul TIC OOllHilSSiOn-
ers assert that they have no power
under the law to accept as official any
other return than that listed on the
official tally sheet At a conference
held still later in the evening ii was
deemed inadvisable to apply for a writ
When the suggestion was made to
refer the question to the Supreme
Court, ]. Steppacher assistant secre-
tary of the Republican State central
committee, advised Attorney General
u. S. Webb of the proposed action.
Progress in the canvassing of the
vote was interrupted yesterday by a
writ of prohibition from Presiding
Judge Murasky of the Superior Court
to prevent the Election Commissioners
from counting the votes in the Union
Labor column for Gus Hartman, can
didate for State Senator in the Twenty
second Senatorial District. The writ
is returnable before Judge Seawen at
10 o'clock today The writ was grant
ed on the request of Herbert o. Rog-
ers, Democratic and independence
League nominee for Senator. In the
proceedings Rogers, who is connected
with the District Attorneys office. is
represented by r. H Countryman.
The writ was issued on representa-
ton that E. S. Sperry was nominated
for State Senator in this district by
the Union Labor convention and re-
fused to accept such nomination There
upon the committee on vacancies sub
stituted Gus Hartman. 1t is asserted
in the writ that the, substitution OF
Hartman was not filed within the time
required by law
The record book in the Registrar
office and the certificate of substitution
show that the fling was made on
October 13, 1906. The acceptance by
Registrar Adams is alse dated October
13.
The Thirty-ninth and Fortieth As
sembly districts comprise the Twenty
second Senatorial District The semi
official returns show that Hartman re-
ceived SIS votes in the Union Labor
column. The rejection of that number
would overcome Hartman's present ma
jority of 400 and give the district to
Rogers.
Contest in the Legislature is fore
-shadowed. In that event the State
Treasury would pay for the attorneys
on each side and also meet the expenses
of witnesses and stenographers. If the
taxpayers are not taxed to the sum OF
$4,000 in this contest they can count
themselves lucky.