Starkweather

This is an election contest. At the municipal election held in the city of Hanford on April 11, 1910, Stark-weather and Dawson were opposing candidates for the office of city trustee. The canvass of the returns of the election made by the city trustees resulted in Dawson being declared elected by a majority of nine votes. Thereupon, Stark-weather instituted this contest in the superior court of Kings county, praying for a recount of the votes. Upon a recount thereof by the court, Starkweather was declared elected by a majority of two votes, and a judgment accordingly rendered in his favor, from which the defendant or contestee appeals.

The only point upon which appellant relies for a reversal is his contention that the trial court erred in counting certain ballots which were claimed by plaintiff to have been wrongfully rejected by the election officers of the fourth precinct. These ballots, seventeen in number, were inclosed in a sealed envelope upon which the words “Envelope for spoiled, canceled and unused ballots” were printed. Upon the completion of the recount of the ballots returned as accepted' and counted by the precinct election officers, counsel for plaintiff said: “If…