People Ex Rel. Sill v. Murphy

The petitionerin this proceeding was one of the Democratic candidates at the recent general election for the office of presidential elector. He complains of the means and methods employed by the respondents, as the board of supervisors of Alameda County, in canvassing the election returns of the vote east for presidential electors in three certain precincts known respectively as Oakland precincts Nos. 64, 77, and 103 of said Alameda County.

He seeks by mandamus to compel the respondents to exclude from their calculations the certificate of the precinct officers as to the number of votes cast, and for whom cast, in precincts 64 and 103, and prays that respondents be commanded to confine their canvass of the votes cast for presidential electors in these particular precincts to the result alleged to be shown by the tally-list, as kept and returned in each instance by the precinct officers.

In this behalf it is alleged by the petitioner that there is an. apparent conflict between the tally-list and the certificate of the election officers as to the number of votes cast in these two precincts for the several candidates for the office of presidential electors. Because of this alleged…