Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-12-08
THE HAINES CASE.

There is likelihood that Hon. James. W
Haines will contest the seat in the Senate
awarded to Hon. Fred Dangberg on the score
of irregularity of procedure. The circum-
stance-or, at all events, one circumstance
upon which Haines POUNDS his demurre is
which the name of James W. Haines was
written willis the name of his opponent, Mr.,
Dangberg, had not been scratched off,. If,
Gas we believe it Is alleged), the two ballots
thus scratched were counted for Dangberg; ;
and if the counting of those votes in his
favor were necessary to Dir. Hainess election,
then may be quoted with much relevancy the
following extract from section of the ex-
listing election law.
SECTION 20. When, upon ballot being
found lii any ballot box, printed na~,e and
a name written with ink or with pencil sp-
pears, and there are not so many persons to
be chosen for the office, the printed name
must be rejected, and the written one counted,
etc.
turn of the question is to be made upon the
manner of presenting the voters choice by
these two ballots, then Haines and not Dang
berg is entitled to the seat in the Senate from
Douglas County. We hope that the matter
may be decided in accordance with the prin-
ciples of justice and the rules of law-and
that it will be made evident to the Senate that
Mr. Haines is the rightful Senator elect. As
to what has been done in the premises, and
under whose inspiration it was performed, the
Carson Valley Ne~s of Friday informs us as
follows. That paper, reporting the proceed
ings of the Board of County Commissi oners,
presents us with the following
General Clarke of Carson and NJ Tebbs of
Genoa appeared for Dangberg, and D. W.
Virgin for Haines. Clarke offered the follow
ing protest to the recount:
First, Because the office of State Senator
is not a county Office within the meaning of
an Act approved February 81, 1877, entitled
can Act Amendatory to An Act in Relation
to County Commissioners, and such office
not being county office within the meaning
of that Act, the Commissioners can have no
jurisdiction to make recount.
Second, Because it is now too late, under
the Act to make recount of the vote, be-
cause, under the law, the Board of Commis
sioners have no longer any jurisdiction; hsv-
ing already canvassed the votes, and having
without any protest or objection, and before
any demand for recount was made, issued
and delivered to Dangberg a certificate of his
election.
After hearing the arguments of counsel
and the reading and Interpretation of the law
relating to the matter, the following written
resolution was offered and adopted
Moved, by A. B. Boles, that on the show
ing of law produced by r. NJ. Clarke, that
as the reccunting of the veto for State Sena-
tor from Douglas County cannot settle the
matter as regards State Senator, and does moi
interfere in the least for the contesting of the
election by DIR. Haines, that this Boad re-
fuses to make the count
So, it appears from the foregoing that the
matter has been turned over to the Senate for
its decision. 1t is to be hoped that it will re-
ceive the very prompt and early attention of
that body. There has been good deal too
much of sharp practice in the election of rep
resentatives and it is high time stand were
taken and precedent established.