47TH CONGRESS, HOUSE OF REPRESENTATIVES. DIGEST OF ELECTION CASES. CASES OF CONTESTED ELECTIC IN THE HOUSE OF REPRESENTATIVES, FORTY-FIFTH AND FORTY-SIXTH CONGRESSES, FROM 1876 TO 1880, INCLUSIVE. COMPILED BY J. H. ELLSWORTH, CLERK TO THE COMMITTEE ON ELECTIONS, DIGEST OF ELECTION CASES. FORTY-FIFTH CONGRESS, SECOND AND third seSSIONS. PETER D. WIGGINTON vs. ROMUALDO PACHECO. FOURTH CONGRESSIONAL DISTRICT OF CALIFORNIA. Held, That the board of supervisors, provided for under sections 429, 430, and 446 of the statutes of California, is an official body having a jurisdiction defined by law, required to keep a record, which is to be signed by its chairman and clerk, and this record, duly certified to the secretary of state, must stand. Ex parte affidavits cannot be considered as evidence in these cases. The votes of persons whose names are not on the "Great Register" of voters (California) must be rejected. Ballots upon which the judges of election had written the names of the voters and the words "challenged, &c.," must not be rejected. If the voter had placed this indorsement upon the ballot, or any other words by which it could be distinguished, they should be rejected. When a ballot clearly designates the office to be filled, and the name of the person voted for, the voter is never permitted to contradict his ballot by evidence that he intended to vote for a different person, or for the same person for a different office. The House adopted the majority report February 7, 1878. JANUARY 31, 1878.—Mr. JOHN T. HARRIS, from the Committee of Elections, submitted the following REPORT: The Committee of Elections, to whom were referred the papers relating to the contested-election case in the fourth Congressional district of California, having had the same under consideration, submit the following report: The contestant, Peter D. Wigginton, claims the seat now occupied by Romualdo Pacheco upon the grounds following: 1. That in the county of Monterey, in the State of California, being one of the counties composing the fourth Congressional district, the board of county canvassers, being the board of supervisors of said county, met at the proper time and place and canvassed the votes cast for Representative in Congress; and that said board found, and declared as the true result of the vote, that Peter D. Wigginton received 988 votes and 5 |