The Nevada journal., 1857-03-06
An ower-True Tale.

nance in real life that a good hand
might fix up into novel. Miss Costar,
young and (of course) beautiful heir
ess, of that city = worth $4,000 in her
own right = fixed her warm and tender
affections upon good looking young
rake of the name of Livingston. Of
course Livingston didn't reciprocate :
else there would have been no romance
in the affair at all. As the Dutchman
apologised for Joseph, "perhaps he had
promised to go NIT another woman
Like true heroine, the disconsolate
fair one determined that if she couldn't
have the fellow she wanted, she would
not have any one, nor any thing = that
she wouldn't = and SO she entered the
convent of the Sisters of Mercy, and
declared her intention Of renouncing
forever the pomps ard vanities of the
wicked world For more than year,
inthe gloom of the cloister, she mourned
her blighted hopes, and allowed econ
cealment, like a worm in the bud, toe
feed on her damask cheek" But, alas,
at the end Of that time, she violated all
the romantic proprieties; for, few
weeks since, she returned to her friends.
threw aside the veil broke off her
match with Heaven and took to diq-
monds and crinoline again.
Whether Mr.. Livingston has become
more tractable, or the lady didn't like
the board, does not appear from the
the veritable chronicle.
The County CoURT convened in this
city on Monday last. The docket is un-
usually large, and will occupy two weeks
in its disposal. Most of the cases are
unimportant except to the parties. A
case involving questions Of mnch impor-
tance under the election law by change
of eenue from Sierra County came up for
consideration on the first day of the term,
and was concluded on Tuesday, the
judge reserving his decision till the end
of the term. The case is the People ex
rel o. f. Dodson vs. Wm G, Still. The
contest is for the county surveyorship Of
Sierra county. The facts as evolved in
the plea dings and testimony are that the
Board of Supervisors appointed as the
place for the holding of election at East
Fork precinct Bassit's cabin. On the
morning of election the judges found a
difficulty in getting clerks of election,
and vote was taken to remove the vo-
ting to Miles store, about two miles dis
tant, and near the line dividing the pre-
cinct from the neighboring one The
motion WAS negatiyed by majority Of
the voters. A portion of the!2 then left,
to vote at Downieville, Another vote
was shortly taken, there being seven Or
eight voters left, and was carried in the
affirmative.
The polls were then opened at Miles
store, and the returns reported to the
Board Of Canvassers The whole vote
in the precinct was small, but was suf-
iicient to give Still small majority and
ifrejected the relator is elected. The
proposition re lied upon by the relators
counsel was that piace and time are Of
the essence of an election. That the pc
visions of the statute upon this matter
are not directory but imperative That
the only power to fix the place, or sub
sequently change it resided in the Board
of Supervisors, and that no election
board or body of electors could change
it, and that by changing the place the
votes east in the precinct were void, and
should not be considered. Upon this
proposition, which was submitted to Il e
court as containing the whole issue as
stated by relator's counsel, the court
ruled out testimony looking to a traudu-
lent combination made several days be
fore the election. for the removal 81 the
polls to Miles store, from the place ap-
pointed. Although the ruling was cor
rect, we must think the relator crampcG
his case by laying down this exclusive
proposition. For if the court differed
with him in the main proposition, ii
might decide the case upon any substan-
tive fraud proved in exercising even
legal power; and the respondent could
urge with but i'll grace that he should
have the benefit of fraud. even if his
participation in it was not shown But
we are convinced, under the statute and
authorities cited that the maia preposi-
rion OF the relator is correct; were il
not an avenue for frauds excelling any
thing ever vet perpetrated in elections