The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1871-01-13

The special! order for l o'clock com
IN up. the Senate resolved Itself mo
tIounmit,ee OF the Whole. TO consider
he contested election ease of &. y.
No.cvarc, claiming the >ca. uu& CO.
s.uyi.I us senate BtuNu. ct Or.asbN
colu;y. Mir. HAL IN the Chair.
CONTESTED ELECTION CASE.
The repur, OF ;hc Committee on
Elections was real Gy tIc C,erN. to-
-r,her VIA the testimony produced
auflrc the committee, which finally
reported back the case for surn action
a. IA >ent.c may think proper to
axe.
After n little exchange of opinion
among Senators and the counsel Tor
.hc parties, Il WAS resolved that the
COUNSEL OF The contestant Ir,t have
the floor tor one hour. and then ,he
counsel Tor the respondent, To- nc fol
lowed hv the counsel of ule contestant
.or a short tine IN conclusion. At.cg
ne close ui Nj. Ellis remarks. huN
ever. by general con>.n. each parry
X3l> allowed such tIInc "a, he cAo>c 10
occupy.
Cos. Bradley being present. wa,
invited to a scat beside the presiding
officer.
lion. \. c. Ellis opened on behalfoi
Mr.. Net.wdrc. ami SpoSeiuY n hour.
lie sand tina. this was no. a political
question. Ii wI~ Il matter pt great I'M
pnT.tacts in ESTABLISHING construction
oi tile Constitution, auda precedent Tor
lhe future. II - pareiy a qIes ION
Constitutional law. ~ q political
matter ii Is unimportaut. He i.i no.
appear - IIvota Q any political idea.
Uut To SrgUe leg. proposition. There
are but few tl-,, ln the ease. The
most material OF these are almi.-
/ ed 10y both sides. He quo.ed
from thc Constitution. Article H.. Sc.
:, establishing the qualifications OF
/ electors, and proceeded To discuss the
real meaning al the words actual
/ resident" which the Constitution re-
quircd every clec:Or ar ollicc-ho!dcr tu
De. He claimed that the qualification,
prescribed hE tina. instrument. were
uot limited IA time 10 the period oi
election, bat they anus. continue
through the entire time for which lac
claims TO hold. IL real from a lie
c!SIou of tie supreme Court OF Indiana;
whose St:.gc Constitution, in this mi.
ter Of quaiiiira lnn III electors, IeScm-
bic> tuat Of Nevada. TIis decision
sustained the proposition that til,
qualification mus; continue during the
entire term.
Mr.. Mesick, counsel for the respond.
ent. Interrupted with the remark thai
there was no dispute about tina; prop.
o%>ition. He fully agreed with il.
Mr.. Ellis continued. If not qualified
ut the time he took the Office, the re
spondcnt * not now qualified. IIa-
- -, .,,l,.s.1 ia. IL. L. .a.lsL,.
months? Was lac on the sth OF last
November? Has lie been since March
1869, Nhpn he lef the county of Orms
ov aud took up hls acsual residence il
the county al lyon? Brown wa,
listed by the United SAFE. Marshal ii
his enumeration 81 the inhabitants o
that county. lie was assessed there
paid his poll tax there. ard in 1853 nj
properly tax. Under these circUm
stances, was Brown cn.itle To regi>tc.
and vote in Ormsby county, Was d,
no. fully entitled To vote ia Lyon? /
This he So, how i il tia. lie can legal,
represent the people of prm>by in tn
senate of Nevada? AIR. Gliis contend
ed that the words ..ac.ual resident. :
as uSel in this ins rumeu.. wer,
G uivalent to tho word "inh&bi.ant.
a used in the Constitution OF severa
O.hes : ates. and thae the decision Ina
lting and defining the meaning of til.
later we're applicable TO the former
MIR. Brown, when he removed To Lyon
and engaged III work At the Eurek
mil. n YER intended to return To thi
county excep. on the happening of
certain contingency. W hat that cOntin
gency really was lie did not know
but il was a contingency which Ia
never arisen, although Mr.. Brown ha