Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-12-09
THE DECISION.
SWEENEY DECLARED LAWFULLY
ELECTED BY JUDGE RIvES.

ELECTED BY JUDGE RIvES.
The Grounds Upon Which JuGg-
ment IL Rendered-A Candid, Fair
and lust Opinion.
The decision Of Judge Rives in the
election case Of Stinson vs. Sweeney,
which was rendered yesterday morning,
will give general satisfaction to all law
abiding citizens of the county. There
were but slight grounds, as the Judge
shows, for contesting the election of Mr..
Sweeney. The contest has entailed an
enormous expense upon him, and if this
was the object Of the prosecution
they have been more successful than
in making out a case. A careful
estimate brings it up to $1,000.
But, then, Mr.. Sweeney may feel proud
of the honor of being elected the first
Democratic Sheriff Of Eureka County. All
Sheriffs heretofore have been Republican,
and it is but natural for the party to be
reluctant in relinquishing such an import
ant Office. Following is d full text Of the
decision:
In the District Court of the Sixth Judicial
District Of the State Of Nevada, in and
for Eureka County.
William Stinson, plaintiff, VS.. W. IL.
Sweeney, defendant.
This action was commenced on the 18th
of November, 1882, by the filing of a
statement" or complaint, and the issu-
ance Of an order fixing the time for the
hearing of this contest for Dec. 4, 1882, at
which time the hearing was commenced,
and has continued through four days.
Much testimony, both oral and docu-
mentary, was produced on each side, and
much objected to, which was received sub
ject to being stricken out if upon the final
argument it should be considered by the
Court proper to strike from the record any
portions.
The complaint alleges, and the proof
established, that the returns from the pre-
cincts known as "Roberts Greek, ""Devil's
Gate and "Allison's" were not certified
% Of tho Election Law. The Inspectors
and Clerks of the election held in these
respective precincts testified that their
oAit w oiSh tio "a wac
thoughtlessness; that the returns exhibited
in court, and which are those canvassed
by the Board Of County Commissioners,
are those severally made by them, and are
a correct statement of the votes cast in
the three precincts. Having each ex-
pressed a willingness 80 to do, on the trial
they were permitted by the Court to verify
them with their signatures.
Such omissions as these have never been
permitted by the Courts to invalidate an
election, and | do not think it will be
seriously commended to the contrary by
any one after an examination by the au-
thorities. 1t is but due to counsel for
plaintiff to state that they made no par
ticular point on these irregularities, but
did rely upon the allegations and proof of
Irregularities in connection with the
Garrison mine" precinct.
Thu facts connected with the election,
and the returns thereof, held at this latter
precinct, are of a grave character, and,
Notwithstanding the conclusion finally
by me in this case, they leave my
mind in considerable doubt.
1t appears that Palisade Township, which
had during this year an acting Justice
of the Peace, embraces a humber of local
tiles wherein registration and election pre-
cincts have existed for as long as eight
years. One of these precincts has been
called "Cortez Precinct No. TO-" and a
Agent has been regularly APP
therefor during each year in which
an election has been held for eight
years, and an election and returns
have been as regularly held and
canyassed. 1t does not appear that the
Commissioners have ever established any
boundaries for any of the election or reg
istration precincts, other than the bounda-
of three townships, and within each
Of these election and registration precincts
have been ~''designated' by orders of the
Board of Commissioners The creation
establishment of these various regis
and voting precincts has been in
the crudes manner, simply by an order
that t. - be designated
Is precincts, and that books of registra-
tion shall be opened # Il 4 u therefor"
What Is known az ''Cortez Precinct No.
10" was established In this way in 1874, as
were 4 dozen others in this county. Cor
Iez is q small community situated at a
great distance from Pslisade, whore the
office of the Justice of the Peace for Pail
,ade Township has always been located.
Within what has been heretofore always
recognized as "Cortez Precinct" is situated
the Garrison mine" or Garrison Dis
trict," and about ten or twelve miles there
rom is what is known as the Cortez mill.
these two places have always resided
those who have been in the habit, since
the creation of "O0rteg Precinct" Of reg.
istering and voting in said precinct. and l
infer that the polling place or election
has always bean held at the Cortez mill.
Under date of July is, 1882, the Board of
Hnrnr ,ilpinpar ara Ahnyn tn hpyA an
q resident of Eureka 10 Registry
Agent for "Oorte1 Precinct No. TO-" This
Agent qualified in October, and proceed
ing to the locality for which he
he was appointed, he spent
three days in going from spot to
spot and registered all of the persons in
the vicinity entitled thereto whom he
find. Upon his return to the town
Of Eureka, and pursuant to the wishes of
those whom he had registered at the Gar
mine, he secured a petition, signed
by ten qualified electors Of this county, |
that an election precinct be estab-
lished at said Garrison mine. The Com
in their minute respecting
thig petition find that it ia signed by ten
taxpayers" that it is necessary that q
voting precinct" be established at the
mine, and Shey thereupon order
the same, appoint tufee inspectors, GeslB-
nate the house at which the election shall
be held, direct the Clork to issue procla-
to such effect. and that they and a
ballot box be given the Sheriff for posting
and delivery.
The taxpayers" referred to by the
Board are shown to have been qualified
Of this county, and the Garrison
mino to be more than eight miles from
Cortes or any other voting place.
This order of the Commissioners was
made after the completion Of the labors OF
the Registry Agent. viz: On Oct, IT, 1889.
The Sheriff Is shown TO have posted at
least one copy OF the proclamation, the
Inspectors and Clerks OF the election APP
pear to have properly qualified. The
- Rnnnnnia Ranistrn Annnk Karniahad To tia