Tout v. Hawkins

HENSHAW, J.

Plaintiff, defendant, and one W. F. Mc-Cracken were rival candidates for the office of supervisor of supervisorial district No. 4 in Tulare County at the general election held on November 4, 1902. By its official canvass the board of supervisors found that the appellant had received a

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plurality of all the votes east in the district, and accordingly declared him elected, and the certificate of election was duly issued to him. Plaintiff and respondent instituted this contest, praying that he he declared elected. The case was tried, and by the judgment of the court it was determined that plaintiff had received a plurality of three votes over the appellant, and he was declared duly elected. The defendant prosecutes this appeal. The questions .presented are under the objections and exceptions of the respective parties to the court’s rulings in rejecting and in counting certain ballots. These disputed ballots, with the objections thereto, have been brought before this court, which has considered them. No useful purpose can be subserved in attempting to specify as to each ballot the grounds of this court’s concurrence or disagreement with the ruling of the trial judge thereon. It must suffice to sum up our conclusions as follows: In counting the ballots of Traver Precinct, the court erred in overruling defendant’s objection No. 8 and counting that ballot for Tout. In Grand View Precinct the court erred in overruling plaintiff’s objections Nos. 1 and 7 and counting those ballots for Hawkins. In Dinuba Precinct the court erred in overruling plaintiff’s objections Nos. 5 and 6 and counting those ballots for Hawkins. In Sultana Precinct the court erred in sustaining defendant’s objection No. 1 and in refusing to count that ballot for Tout. In Esham Precinct the court erred in sustaining plaintiff’s objection No. 1 and in refusing to count that ballot for Hawkins. In Orosi Precinct the court erred in overruling defendant’s objection No. 4 and in counting that ballot for Tout; and the court likewise erred in sustaining defendant’s objection No. 7 in the same precinct and refusing to count that ballot for Tout. The court also erred in overruling defendant’s objection No.

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in the same precinct and in counting that ballot for Hawkins. In Churchill Precinct the court erred in sustaining defendant’s objection No. 1 and in refusing to count that ballot for Tout. In Monson Precinct the court erred in sustaining defendant’s objection No. 8 and in refusing to count that ballot for Tout. In Ash Springs Precinct the court erred in sustaining plaintiff’s objection No. 6 and in refusing to count that ballot for Tout.