The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1869-12-29


his action. or in fact, to actin any capacity as
Registry Agent, etc, that the Court meant
to say that the matters stated in IL, petition
were true, when there is not the slightest in
timation in the language used that such was
the case. The Court simply meant to say
that even we're the matters true, as stated in
the petition, still thsre was no remedy for the
wrong in this proceeding. as the question of
the legality of the voters challenged vas not
put in issue ny petition demanding vain
and foolish thing which at that date couli not
be complied with by the person against whom
the petition was directed.
We had occasion to state once before, in
these columns. that there was no issue pre-
sented in the petition and proceedings for a
whit OF mandate commanding Judge Water
man to strike certain names from the registra-
ton books, after the election, which could in
any possible view of the case affect the legality
OF the county organization; and We now re-
peat, that If the learned counsel who were sup
posed to represent the interests of Lander
county in the attempt to defeat the organiza-
ton Of Elko county, did not know enough to
frame an Issue in which the legality of doubt
full voters could be properly inquired into and
judicialy determined, it was neither the fault of
Elko county nor of the Supreme Court, as the
first had no volition in the matter but could
only answer such petition rs was presented.
and the latter could only pass upon such mat
ters as were brought before il for judicial de-
termination. If Lander county is so confident
OF the business of her cause, why is it that her
legal advisers have not brought an action di-
rectly TO determine the legality Of her exist
enee. in which all questions Of fraudulent
registration could be thoroughly and effectu-
ally ventilated? Neither Judge Waterman
nor Elko county fear in the least such judicial
inquiry into all the antecedent acts on which
the county organization depended, but on the
contrary, court that investigation; and we sim
cerely trust that We will hear no more whining
from the Reveille, and no more misrepresenta-
tons from the Enterprise, until Lander county
shall AZ lsast give us an opportunity to prove
in court Of competent authority that more
than the full number of voters were legally
registered to authorize the County Commits
stoners to call the election and launch the
county organization. The present decision of
the Supreme Court does not in the least affect
the county organization of Elko county. as it
was impossible in the case presented to deter
mine whether fraudulent names were regis
tered or not, rs there was not scintilla of evil
dence, pro or con-, before the Court, outside of
the naked affidavit of the challenging party
| on which the Court could rest Judgment,
and hence the question is not res judicat1: but
Lander county is still at liberty to show. if
she is able to do so. that there was not one
| thousand legal voters registered within the
| time provided by law as n condition precedent
| for the organization of Elko county As the
case now stands, no proof has ever been made
| anywhere that there was n single illegal or
fraudulent name entered upon the registration
| books of Elko comfy; nor has the Supreme
Courth intiInated, in the slightes; degree, that
such Was the case, as II had no means OF know
ing anything about the matter. and did not
pretend to speak judicially OF matters not be-
fore it; and when the Enterprise says that the
Court broadly intimates that there may have
been fraud it states that which has no foun-
| dation in fact, as the Court made no intima-
ton on the subject.
So far as the article alluded 10 in the Reese
| River Reyeille is concerned, we are willing TO
accord to it any reasonable latitude in which
/ to vent the vile humors Of bad blood, and will
not take the trouble 20 dcmoiish ;;s weakly
entertainments, but will freely concede that
Lander has the floor and an unquestioned
| right to growl. What it has TO say about the
Supreme Court, however, so far as this case is
concerned, is in extreme bad taste. besides be-
ing unwauanted by the facts and grossly un.
just to that tribunal. 1t is not our funeral.
however, and we are not specially called upon
to defend that tribunal from newspaper AS
saults whether we believe them to be ius, or
not, and would nos say word in their defense
in this instance were it not necessary in order
| TO preserve the virgin fame Of our fair Young
county, and to vindicate the pure and hon
orable character Of our townsman. JUDGE
Waterman, whose acts and character are
meanly and wantonly assailed by the Reyeille.
| in its issue Of the 18th instant.
EARTHoUAKE.-The western portion Of Ne
vsda and the northern portion of California
we're shaken mp by q series Of earthquake
shocks about six O'Clock on the morning of
the Goth. They were fell in Reno y;xs;,;