The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1869-12-22
SUPREME COURT DECISION.
Tn. State Of Nevada Ex Rel. S. w. Mcguire VS.
Thos A Waterman.

Appeal from the Sixth Judicial District
Court, Lander county.
The controversy in this case grows out OF
certain proceedings had under AN Act to ere
ate the county of Elko, and to provide for the
organization thereof, approved March D, 1863
claws 1863, p. 1881 wherein the immediate
organization Of said county was conditioned
upon there being registered more than one
thousand legal voters therein previous to the
Goth of May, 1869
Ii appears that Thomas A. Waterman was
duly appointed and qualified one Of the
Registry Agents authorized by section Of said
Act, and that within the period prescribed
therein he registered the names Of four hun
dred and twenty-six persons rs qualified to
vote in such county of ElkO.
On the 18th of June, 1869, Maguire the re-
lator herein. presented his petition under oath,
20 said District Court, in which, among other
avcrmrnts, il is alleged that he, the petitioner.
is IL qualified clcctUr Of said county; that Of
the several persons registered by Waterman,
ns Registry Agent aforesaid Reuben =. Dick
.rson and l2i others (wh0sc names ARE stated, }
are not legal or qualified voters nor entitled to
be 80 registered, and that said Registry Agent
registered the names nf said persons IN fraud
of the Act before cited thut ON the 10th Of
June 1869. he duly filed with said Registry
Agent niiidrvits in writing. that Is to say, one
affidavit for each Of said persons illegally
registered which Rihdnvits set forth that said
=. W. MnguiTc Is Il qualified Clrctor of said
county: that said persons, or either OF them,
or any Of them, never were nor are they now,
nor will they IL, on the said 2lst day Of June.
1869, citizens nf the United States and the
State Of Nevada; that they either or any OF
them will not on said day have actually resided
in said State six months next preceding said
day; that they and each Of them left the said
county Of Elko and State of Nevada with the
purpose of remaining absent thorcfrom; that
said ailiaut then and there objected in writing
10 the right To vote and registration Of said
persons and each of them. and that he then
and there challenged each of them on the said
grounds, and demanded Of said Registry Agent
To Issue notice or notices to each of said per.
sons TO appear and answer said objections Rc
cOrding to law and the questions put To them
by toe sIid Registry Agent; and that each oi
them he stricken from snid registry; and this
affinnt tdeR and there demanded of said Regis
try Agent to issse and sign n notice To each OF
said persons. notifying them to appear before
him, the said Agent, al his said office, at the
time thsr'dn TO he specified by said Agent
then and there to answer, under oath, such
questions as may bc prOpOundcd To ench OF
them, tonching their qualifications as electors
that tue said Registry Agent then and there
neglected and refused, and ever since has neg
lcctcd and refused, and still noglccts and rc
fuses, TO issue such notices, with the intent e
deprive this nflinnt ~ his right to challenge
said illegally registered persons, and with tn,
intent to force the organization of said county
by Illegal voters and IVA fraud of said Act.
That without said persons so Illegally regis
tered there arc not one thousand persons reg
istcred in said county Of Elko. Wherefore tht
affinnt prays that au alternative writ of man
dRmus issue to compel snd Registry Agent tC
issue such notices. and 10 ernse from said reg
lister the names OF said persons Immediately
after service Of such writ, or show cause he
fore said Court why he has not done So. :
Thorenpon the Court issued the writ in con
formity with the prayer Of petitioner, making
the same retnrnable on The 3Oth, service o
which was Ind on the Odd of said month
Waterman made his showing by way Of an
swer, also moved to discharge tho writ upOi
several grounds; but from tho view we take o
this proceeding II is unnecessary 10 pursue il
history further than to state that on the 10tl
OF August after the trial and determination o
certain issues of facts by jury, the Cour
awarded Judgment that percmptory writ o
mandanus be issued to said Waterman, q
Registry Agent. requiring and compelling hin
to erase forthwith from said register the name
of the persons aforesaid, to-NSit: Roubcn S
Diokerson and the one hundred and twcnty
-four others named in said petition and frof
said Judgment Waterman brings his appel
upon the Judgment roll alone.
Under sections o and 4 Of the "Act To prt
vide for the registration Of the names of elet
tors. and to prevent frauds at elections" (kri
1869, p 1i0,) the extent Of the power of hi,
tnct Courts and Judges thereof 10 inquire int
ana determine by means of the writ Of mar
damus the right of registration is. in one pa
ncular enlarged beyond the ordinary fun,
uons OF such writ as understood at commo
Jaw, and under our general statutes: In thi
that II authorizes the Court or Judge TO hos
inc evidence and enforce by pcrcmptory wr