The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1869-09-15
The State Of Nevada ex rel. S. w. Mcclure,
Va Thomas A. Waterman.

Of September 4, we find the following curious
specimen of logic, law and fact, which VIC
here reproduce for the information of our
people generally, and members of the bar
particularly:
The cause of the State ex rel s. ". Nc
CURE, VS.. Thomas A. Waterman, which was
tried in the District Court on the 23d ult., and
went against defendant, has been appealed by
the latter. This is case which involves the
creation of the new county of Elko. The
verdict of the jury annuls as fraudulent all
the acts which created the county of Elko
and as defendant did not take any exceptions
at the time of the trial-in fact made no de-
Tense at all, although an answer had been filed
by hint is impossible to see on what
grounds the appeal is based. Did we not live
In time when Supreme Court decisions de-
pend upon matters foreign TO law and justice
1t would be safe to say that the county of Elko
is non est.
If this article was intended as n good joke
then we are willing to concede that it is very
funny; and if it was intended for a growl, We
are still content, as Its Lander's growl. -
This reminds US of little story, as the Late
Lamented'' would say, which we will here in
troduce by way of illustration. A few nights
since we stepped into one of the show tents
which abound on our streets, where the royal
Bengal tiger" and other animals are kept on
exhibition, and while there, a stranger
stepped in whose air and general department
bespoke him mountaineer. After watching
the seductive ways of the tiger" for awhile
he seated himself at the table, took out a
purse containing six double eagles and ent
for the "varmint" with a courage more TO be
commended than his judgment. In very
brief space of time his coin had been ex-
changed for checks, and his checks had gone
over on the wrong side of the table. Finding
himself busted" he jumped up from the
table in lofty passion, swearing that he had
been swindled and robbed out of his good coin
by a lot of gamblers who were no better than
thieves, and that he would expose the game If
it cost him his life. The game-keeper listened
for while, apparently Indifferent to what he
was saying, when he mildly and almost kind
ly asked him if he was loser at the game
Loser :" roared the new conner, why of
course l am loser. Haven't just lost the
last cent I've got in the world at your thisving
game, and you had just as we'll have stolen
my money" How much did you lose?'
inquired the sport, in the same quiet voice
i've lost Sl20, sir, which you know as well
as 1 do" IF you've lost Sl2O," said the
sport, and it was all you had in the world,
it's your growl." So with poor Lander; she
has lost pretty heavily by secession and emas-
culation, and it is now decidedly her growl;
and yet, notwithstanding her calaInities, We
are tempted to give her punch on the
snoot" and put head on her" just to teach
her good manners in the future.
We have Looked through the Judgment roll
in the case of the State of Nevada ex rel. S.
W. Mcclure, VS.. Thos. 4. Waterman, and
find the whole thing so superbly ridiculous
and farcical that it is exceedingly difficult to
treat it in any other manner than in a broad
vein of levity. The idea that question in
volving the existence of Elko county under
the act Of the Legislature providing for its
creation, could be tried on writ of manda-
mus issued to q Registration Agent after the
election, requiring him to strike certain
number of names from the registration books
which were supposed to have been improperly
there, reveals depth and grasp of mental
power and legal acumen unknown outside
of Lander county. But were it even possible
W uSouii llic OIBdulLdIOn Oh InlS county DN a
writ of mandamus issued against Registra-
ton Agent. the present action is simply a bur
lesque upon judicial proceedings, and in no
event could determine anything. The whole
question OF registration, so far as the June
election was concerned, was functuS o1icio
whenever the poll list was handed to the In
spectors of election on the morning of cleo
ton day; and if there were illegal votes upon
that list, it could only be shown by direct
proceeding to contest the election, or in quo
'o1rrdnto for the possession of the offices,
when the whole question of the legality Of
votes registered could undergo judicial in-
vestigation, and where all the parties interest
ed could be fully heard. There have been
many contested elections in California and
this State since the registration laws of each
respectively went into force; but in no in
stance did the parties ever make the discovery
that when illegal votes had been registered
and polled they could apply for writ of man
damus after the election had passed and have
them erased from the registration books and
thereby determine the right to an Office
That discovery was left to tho learned Dis
trict Attorney Of Lander county, and the wise
Judge Of the Sixth Judicial District.
The election of county officers in this
county was held on tho 2lst day of June, and