The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1869-09-15

further relief. A WIT Of mandamus in such
case is nothing more than an appeal from the
Judgment of the Registration Agent, who it is
alleged has erred in his decision. In the
present case it would be impossible to correct
an error in the Court below. as no trial was
ever had; the parties were never in court, and
no peremptory mandamus could strike from
the register the names Of persons which the
Registration Agent had no power to strike off.
All the procee dings that could be instituted in
the next twenty years ut Austin could not de-
.ermine the single question as to whether
there was one illegal vote polled or registered
at the late election without the necessary
proof was made. and that proof must be made
according to the forms of law in such case
made and provided. We are amazed that
District Attorney. who claims to be lawyer,
and Judge who presides over large and re-
spectacle judicial district, could descend to
such stupid child's play and idle nonsense as
to prosecute a suit which contains no single
element of law to redeem it from the charge
OF fnyolousness. Suppose the Supreme Court
should sustain the ruling of the Court below,
what then? Why simply nothing! We are
perfectly willing that every name on the reg
istration books of Elko county may be strick-
en- off, rs their mission is fulfilled and the law
requires us TO register again before the next
election in 1870. We have no further use for
them, and if Lander wants them she can take
them, either on or off the list as she may pre-
w vii S.,,t that OF
Judge in Lander county shall say who is and
who Is not a legal voter in Elko county until
the question has been tried in the way point
ed out by the statute for determining the
question. We want no eXparte decision in
a case where an issue is pending which in
wolves the rights of our citizens. Ifanything
were wanting before to inspire us with pro-
found reverence for the wisdom and learning
OF that august Court, the first four lines of the
judgment would dispel the last lingering
doubt that had found Judgment in our mind
The opening chorus Of that wonderful doc
ument reads as follows: Now at this day
the issue in this matter having been hereto
fore submitted to n jury, and the jury having
returned a verdict in favor of the plaintiff on
all the issues submitted, and the defendant
having had due notice of this motion, etc. ="
What issue submitted to a jury some
time previously before" that time in which a
verdict was found for the plaintiff ? Was il
the issue presented against Mr.. Waterman re-
quiring him to issue notices to one hundred
and fifty-four persons to come before him at
certain time and place to answer questions
touching their qualifications us electors? If
that was the issue tried by the jury, then we
submit that the jury were trying a chancery
question wherein issues of law alone were in
volved, and of course the proceeding was
nullity. II they were trying the issue rs to
whether peremptory mandamus should is
sue, directing and compelling the Rcgstra-
ton Agent to strike off the one hundred and
fifty four names, the first thing then neccssa-
r. to be done would have been to inquire
whether the names ought to be stricken oil ::
and before this inquiry could be made, each
one Of the one hundred and fifty four persons
named would have been entitled to n hearing
by notice rs provided by law: and a. the ali
davits and plcadinGs show conclusvely that no
such notice was given, there was no issue of
fact presented for jury, and hence, nothing
upon which jury could found verdict
either for or against the defendant Waterman
But from the judgment entered, we are led TO
conclude that this wise jury not only found
that Mr. Waterman should issue notices 10
the electors who had been challenged. two
months after election, but that thew also
found that each and every one of tho one
hundred and fifty-four names represented
persons who were not entitled to vote The
curious in such matters might like to know
whether the whole one hundred and fiftv-four
were tried in lump or whether they had
separate trials, and if they had separate trials
whether all were tried by single jury, or
whether there were impanneled one hundred
and tifty-four juries to try them. But we
have devoted too much space to this flimsy
and transparent farce. We do not know
what course Mr. Waterman intends to pursue
in the premises but as the District Court OF
Lander has no jurisdiction over his person or
the subject matter, and did not have Mt the
date OF the commencement Of this suit were
we in his place we would disregard the whole
proceeding and let them take AS many iudp.
ments as they saw fit, as they one and all
would bo void nb bitio and utterly worth
less.
A KIND Word FROM THE WEsT-The Reno
Crescent of last Saturday n iournaI mt