The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1871-01-18
NEVADA LEGISLATURE.
FIFTH sEss,oN--r6,h psy.



Allen.
Roll called.
journal 81 yesterday read and APP
proved.
Hall asked leave OF absence for Mr..
Hopkins for one day. Granted.
Tho President called Mr.. Hastings,
President pro tcm. 10 the Chair, sat
ing that important business would he
cessarily dctain him elsewhere occa-
~sionally.
REPoRr~ioF STANDING COMMITTEES.
Bv Shamp. from Committee on Cor
poraiions. reported Assembly Bill No.
!. relative Ia incorporation of railroad
corporations PASSED 1855, and recotu-
intending is passage without amend
ment. Also. Senate Bill No. >, rela-
tive To- railroad interpretations, 1871
and 1855. win amendments.
Small. from Committee on Agricul-
turc and Manufactures. reported sen
ate Bill Ne. 3~-tn Net concerning
stations running nj large, and ecom
mended lis passage.
DYER ". MOORE.
Hall, from Committee on Elections,
submitted majority report relative TO
the contested sea Of Col. Moore, from
Elko county.
The following is the principal points
Of the majority report:
The contestant appeared 10y Gen. t.
H.. Niliiams-thc respondent by Gen.
II. s.. Clarke.
Contestant moved that a commits
sion be issued toy the Committee forth
with 10 some competent officer in Elko
county % take testimony iH the c3-c.
Respondent objected To- the granting
of the motion al this time, or until he
shall have had a preliminary hearing
before the fun Committee. After
elaborate argument hy both parties,
the Committee voted two in 1lNor Of
and two against granting the motion
for Issuance of the commission. lIenc"
the motion could not be granted AT this
time. Contestant moved that a sub
pena requiring the attendance Of vii
nc-ScS be issued immediately. To b-
made ~relurnable forthwith. i'"Spon-
dent objected 10 the issuance Of amy
process prior 60 the hearing Of pre-
limiuary argument before the full
committee. Tho Committee stood two
TO two ou thi, motion: houre the mo
ZION was NOT granted. january rs. The
Committee met in senate Chamber.
Present. fan Committee. After some
discussion Is was decided by "A vote of
/ 40 | that tho commission Ia take tcs-
tim1Ey bc refused; and ;hc melton for
the issuance OF SubpeEas To bring wit
uCsSC- from Elko county to testify he
fore the Committee was denied pv "a
vote of 5 Ca =.
The Committee, by a vote Of 3 70 ?
submit the following - their coHciu-
sion in the premises:
l-;-ThJt W. +. DYER. the contest
ant. ht, wholly failed and neglected
20 pursue the remedy provided 10y
tho legislature OF Nevada for the con
tcS. oi elections before the Senate.
2d-Tha; said W. /. Dyer does not
offer any excuse for such neglect.
"d-raat said ". Z. Dyer does not
now appear before the Committee with
any e., iIence, oral or documentary. in
support ot his statement Of the
grounds OF contest.
Therefore. i'm the opinion of youi
Committee. il j. contrary both & the
statute and legislative precedent II
proceed with this contest upon the is
sues presented in the, statement -ot
grounds set forth in the paper hereto.
fore submitted to the Senate.
Your committee further believe tina,
I by the law ana usage said w. II. DYE,
j. NOS entitled to bc heard la said con
test. The committee therefore rcpor,
I the matter back 90 the senate, with tn,
recommendation that Saii Jerry b
Moore be declared entitled 90 his seal
as senator from Elko county.
Respeetfnlly submitted: Hall, Cleve.
land, Hastings.
THE MINORITY EEPORr.
Tothe Honorable, the Senate Of tho
state al Nevada:
Tho undersigned members Of voul
Committee on Elections respectfully
bcg. leave To submit the following re-
port:
In pursuance, Of the resolution O
the Hon. senate of the State Of NcVa
la to- the Committee OH Elections, am,
empowering said Committee To- ajmi
mister oathS, and send for person
and papers EIoUrual of~cnatc, page -
the said Committee me- and the fol
lowing papers were laid before them
\ notice II the Honorable Senate dat
cd january "a, ISL, that said W IA. i
over would contest the right of sui,
j. B. Moore To "A seat ia YOUR Honor
able body, and appended thereto
statement Of the grounds upon whicl
said Nm. +. Dyer contests the ~ o
! ~stlA j.. u. NtDAtt. EltAfhfl tNilltttt y
i'm which the following reasons we.
set forth:
lst-Tlo said ]. Il. Moore did not r.
ccive a majority OF all tiie votes ca,
at said election.
2d-Jhe County Commissioners re
fused and omitted To- count nine vote
for the said DYER which were cast i,
him. n appears from the returns &
Lone Mountain precinct.
3d-rhat the election at said Lon
Mountain %preciuct was duly and IL
gally held.
ith-That said Dyer received n ma
iority Of all the votes east, and is dul
/. elected Senator to represent the cour
tv of Elko in the Legislature of I'll
! state of Nevada. There was also lai
: before the said Committee on Ele'
tons the affidavit of one John ;. May
hugh. n Justice OF the Peace of ELI
county, who AYERS that on the I'd da
OF December, 1870, certain papers wei
filed with the Clerk Of the Elevent
! Judicial Court, county OF Elko, sta
of Nevada, by VIM. +. Dyer, contes
; ing the seat of j. Il. Moore, as SENATE
=, TO represent Elko county in Il
: state Of Nevada; that Judge Day
f, ley. OF Ruby Valley, and said Ma,
hugh. were appoiutel a commission