People ex rel. Peiffer v. White

Citation88 Colo. 229,294 P. 535
Decision Date22 December 1930
Docket Number12751.
PartiesPEOPLE ex rel. PEIFFER v. WHITE, County Clerk, et al.
CourtSupreme Court of Colorado

Rehearing Denied Dec. 27, 1930.

Error to District Court, Teller County; Arthur Cornforth, Judge.

Mandamus proceeding by the People, on the relation of Vernon Peiffer against John H. White, as County Clerk, and others constituting the Canvassing Board of Teller County. To review a judgment dismissing an alternative writ of mandamus relator brings error.

Reversed with directions.

Philip Hornbein and John I. Mullins, both of Denver, for plaintiff in error.

G. F. Walter, of Cripple Creek, for defendants in error.

MOORE J.

Plaintiff in error sued out an alternative writ of mandamus in the district court of Teller county, Colo., wherein it was charged that the defendants in error, the canvassing board of Teller county, failed to properly certify the vote in precinct No. 7 in the city of Victor, county of Teller, state of Colorado; that the certified count of the judges in said district delivered to the canvassing board showed that the relator, Vernon Peiffer, had received 233 votes for the office of state senator, and his sole opponent, E. P. Arthur, had received 188 votes; that defendants in error, instead of accepting the certificate of the judges in said precinct, unlawfully certified that the relator had received 200 votes and that Arthur had received 221.

The case is here on error to review the judgment of the district court dismissing the alternative writ.

The defendants in error in canvassing this vote rejected the totals in words and figures of each candidate certified by the election judges, namely, 188 for Arthur and 233 for Peiffer, and based their computation solely upon the tally marks, which showed 221 for Arthur and 200 for Peiffer, exclusive of mail votes which are not here involved.

It is urged that the canvassing board had no right to ignore the certificate of the judges showing the total number of votes cast for each candidate and to determine such totals solely from the tally marks.

We believe that the decision of People v. Tool, 35 Colo. 225, 86 P. 224, 229, 231, 6 L.R.A. (N. S.) 822, 117 Am.St.Rep. 198, is controlling of the question here involved. Therein it appears at page 250 of 35 Colo. 86 P. 224, 232:

'Tally lists shall be kept during the counting of the ballots by the precinct officials. These lists are intended as a preliminary to the making up of the official returns; they are convenient, and perhaps necessary, for the use of the judges and clerks in casting up the vote; but, in case of a discrepancy between the tally lists and the returns written out in words, which shall
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5 cases
  • State ex rel. Donnell v. Osborn, 37524.
    • United States
    • United States State Supreme Court of Missouri
    • February 19, 1941
    ...v. Board of El. Commrs., 36 Wis. 498; State ex rel. Husting v. Board of Canvassers, 159 Wis. 216, 150 N.W. 542; People ex rel. v. White, 88 Colo. 229, 294 Pac. 535. (6) The allegation in respondent's return that a contest for the office of Governor is pending before the General Assembly is ......
  • State ex rel. Donnell v. Osburn
    • United States
    • United States State Supreme Court of Missouri
    • February 19, 1941
    ......293; State ex rel. Davisson v. Bolte, 151 Mo. 372; People ex rel. McCauley v. Brooks, 16 Cal. 11. (a) Mandamus will issue to a. ... Wis. 216, 150 N.W. 542; People ex rel. v. White, 88. Colo. 229, 294 P. 535. (6) The allegation in respondent's. return ......
  • People ex rel. Griffith v. Bundy, 14912.
    • United States
    • Supreme Court of Colorado
    • January 7, 1941
    ...39 Colo. 258, 89 P. 48, upon the authority of Kindel v. Le Bert, 23 Colo. 385, 48 P. 641, 58 Am.St.Rep. 234 (see, also, People ex rel. v. White, 88 Colo. 229, 294 P. 535) we held that the duties of the county board of canvassers counting and certifying the result of the vote as certified to......
  • People ex rel. Harper v. Ingles, 14637.
    • United States
    • Supreme Court of Colorado
    • May 20, 1940
    ......225, 86 P. 224, 229, 231, 6 L.R.A., N.S., 822, 117. Am.St.Rep. 198; People ex rel. v. White, 88 Colo. 229, 294 P. 535; Leary v. Jones, 51 Colo. 185, 116. P. 130. These cases involve ......
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