Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1880-06-20
Indiana is 10 Have an October
Election.
THE AMENDMENT TO THE CONSTiTU.
TION OVERTHROW BY THE
SUPREME COURT.
Republicans Squsal About a Demo-
cratic Advantage.
THE OPINION SUPPOSED TO GIVE THE
DEMOCRACY THE BEST OF THE
PRESIDENTIAL RACE.
rBy Telegraph to the Sentinel

Court yesterday overthrow the constitu-
tional amendments, to changing the time
Of holding the election Of State officers
from October, to the second Tuesday in
November. The opinion Of the Court was
rendered by Judge Reddell, Judges Hawk
and Worden concurring, Judges Neblock
and Scott dissenting. The opinion is very |
long, and reviews the history of the act
fully, closing as follows: This Court finds
that it requires at least a majority Of all
the votes cast at the same election to ratify
q constitutional amendment. We also
hold that the act Of March 10th, 1879, is
defective, in not providing for the count OF
the aggregate number OF votes cast through |
out the State on the day of the election, or |
not, in providing some means to put out |
the whole number Of votes cast, by which |
it might be learned what proportion the
number cast, in favor OF ratification,
bore to the whole number. There
is, therefore, no source from which
this Court can ascertain whether the
amendment received a majority of all the
votes cast at the election or not, as the
amendment was submitted ON the day of
Vic 6CuCl ID cRiiuk CloCtltu tuTOukuOut ZIG
State, and as there were by law officers to
elect at the same time in the various
counties. it must be presumed that other
votes than these, for or against the amend
ment, were cast at the same time. From
the peculiar ballots used in voting upon
the amendment many electors may nave
voted mo" and Eyes" upon the question
Of the amendment, which votes would not
be counted in estimating the whole num-
Der of electors voting. 1t is also held that
the Constitution must remain as it was be-
fore the amendment was submitted, until
it shall affirmatively appear that the
amendment was ratified. As this does not
afirmatively appear, We must hold that the
amendment is not ratified by a Constitu-
tional majority. The opinion, therefore, Of
the Court is, that it requires o majority of
the electors of the State to ratify an amend
ment to the Constitution, but that the
whole number Of votes cast at the election
to which the amendment is submitted, must
be taken as the number of electors in the
State. The opinion deals exclusively with
| Irregularities in the election, and not with
the merits of the amendment. Some Re-
publicans claim that the Supreme Court,
which is composed Of three Democrats and
two Republicans, has been guilty of scan
dalous partisan tricks, besides having given
out even before the case was made up and
presented, that they should decide against
i said amendment. The two Republicans
dissented. 1t is generally regarded as an
| advantage to the Democrats to nave an
October election /; for, although the Re-
publican candidates for State officers, as
strong as the Democrats, have also made
strong nominations, who will secure, it is
believed, the most Of the Greenback vote.
Although on the Presidential issue there
would be a heavy detection Of Greenback-
ers from the Democrats to the Republicans.
The Currie Case.
MARSHALL, Texas, June 19.-It was ex-
pected that the argument in the Currie
case would begin this morning, but the
testimony in rebuttal was heightened, the
State aiming at breaking down the testi-
mony Of L. T. Moore and that Of the ex-
perts, as to the moral condition Of Currie
at the exact time Of the killing. In rebuff
tai Of the testimony of Moore, . mulatto
witness for the defense, the State intro
duced Porter Rhodes, colored, Of Anderson
county, who testified to the bad character
Of Moore as to veracity; that Moore boarded
with witness two months. On being cross
examined by the defense, the witness dis
played ignorance Of the meaning Of the
word veracity, and made Q conflicting
statement. James Taskland, Of Anderson
county, testified that Moore's reputation
was bad, and that in view of what he knew
Of Moore he would not believe him ON
oath. Raines, a train dispatcher for the
Texas Pacific Railroad, and the Womack
Texas Express Agent. both testified to see
ing Currie just after the killing, and hear
ing him say substantially that he was in
for going for the whole theatrical troupe.
The State introduced High Mecham. T. M.
Heinby and others, in rebuttal Of the evil
dence Of Currie's insanity. The witnesses
were not experts on the subject of delir-
ium tremens, but could detect nothing
irrational in Currie, but thought he was
drinking heavily. J. NJ. Bonham, jailer
Of Harrison county, who has had charge
OF Currie since his arrest, said that Our
rie required stimulants as q man getting
over q drunk. He was stupid; he recog-
nized friends calling on him; was peace
full, and without appetite and tremulous.
1t was four weeks before he recovered, and
was all the while under medical treatment.
The case will go to the jury tomorrow.
what Gov. Seymour Says.
CINCINNATI, June 19.-The Enquirer this
morning says: The editor Of the Enquirer
has received a personal dispath from Horar
ito Seymour, and 1t violates no confidence
in printing the following extract 81 can
not accept the nomination, il it Is made,
under any circumstances. ] am not able
to do the duties Of any Office. I hope my
name will not be presented ct Cincinnati
in any way. ! have never said I would &C.
cept the nomination, nor have / knowingly
intimated that I would. I rely on you to
set me right with the delegates"
Cincinnati Delegates for Tilden.
CHICAGO, June 19.-The Tribuns's in
terviews with the Democratic delegates to
Cincinnati, who are now in town, indi-
Gates that almost the entire body of them
are uninstructed and open to conviction
after arrival there, with . partially for
Tilden. Hon. John P. Irish. of the Iowa
delegation, said to . Burlington reporter
that the majority Of the Iowa delegation
would support Tilden.
Upristng or Cuban Troops Sup.
pressd.
NEW YoRx. June ls.-Ths telegram says
the news has been received in this city
that the attempted uprising by the troops
In the Cuban fortress at Havana has been
suppressed. Six Of the mutineers have
been shot. An attempt to capture the
arm Of the fortress was unsnccessful.
The cause Of the uprising was the nom
payment Of the troops for the past six
months.
Field and His Following.
NEW YoRx. June ia Cincinnati spe-
cial 70 the Evening Post says The man