Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-12-09

the registration of the names of electors,
and to prevent fraud at elections pro
vides that "the Commissioners of the
county may appoint some other suitable
person" than the Justice of the Peace "to
perform the duties Of Registry Agent
/ while Section 2 Of the Act entitled can
Act relating to elections" provides that in
certain and different contingencies 'elec-
| ton precincts" may be established.
A wish to give force and effect to the will
of the electors and a desire to follow the
uniform tenor of the authorities on this
subject, has led me to try and reconcile
tbs provisions of these two Acts with the
facts ~hereinbefore recited: and | can see
no good reason why, as in this case, where
legal Uoters have regularly registered in
That was their then proper registration
precinct may not be permitted to vote in
an ''election precinct" which has been
created subsequent to thoir registration,
provided their names are upon a copy of
their original registry and the Inspectors
in all respects conduct the election fairly.
Such ''election precincts" may even be
created after the close Of the books of
registry, and as in this case very properly
so, in order to subserve the convenience of
voters, q thing which in my mind il con
templated by the latter Act above referred
to. l cannot see why, in such a case,
voters should be expected or required to
obtain transfers when every purpose
subserved by the "transfer" is answered
as here, by the duplicate copy of the regis
try. In fact, no election was held at or
in 'Cortez Precinct No. TO- except what
was held at the Garrison mine," and
while it is commended in effect that under
the law such latter precinct was established
too late to be of avail to the voters there
without transfers" l must hold that said
precinct became, after the 18th day of
October, as legal as that of Cortez or any
other in the county, and it being q legal
precinct, the Inspectors being legal, the
voters being legal, and not having voted
elsewhere, they could under the circum-
stances have legally voted at the "Garri-
son mine," and the plaintiff have no more
cause to complain than if they had SO
done.>
After the foregoing expression of my
views it is scarcely necessary to notice the
fact that one Hall, who originally regis
tered at Beowawe, and without being
placed upon the ''copy of the registry" or
the "check list" which was furnished the
Inspectors at Garrison mine" precinct,
voted there, or that one other person
voted there who does not appear to have
been noted by the Registry Agent as resid-
ing at the Garrison mine" For had each
of these persons voted for the defendant it
would not alter the result, and besides the
man Hall testified that he did vote for the
plaintiff and no denial was made of the
truth of his evidence.
The returns from 'Roberts Creek"
Devils Gate" and "Allisons" may not
have been 80 certified as to have justified
the Board of County Commissioners to
have taken them into account, but in this
proceeding they are, in view of the testi-
mony in their support, em~inently entitled
to full consideration and as a matter Of
fact should lave been, as they were,
counted by the Board of County Commits
sioners.
if the foregoing views are correct it is
also useless to refer to the point made that
owing to the absence from "Cortez Pre-
%cinct,' as well as from the "Garrison
mine" precinct of the Registry Agent, no
opportunity was afforded of Directing to
the legality of the registration of any of
the persons registered as aforesaid. 1t
was shown that the usual notice of their
registration was published, and that OBJ
~jectious to their right to register should be
nearO, anu IL Is not slOWnD ub tuat bHey
were all legally registered, nor that any
wished or endeavored to challenge
their right; therefore I have concluded,
as before stated, they were all legal voters.
1t is therefore ordered that the defend
ant recover in this proceeding, and the
who have appeared for him will
draw and present findings of fact, conclu-
sions of law and a Judgment in accordance
herewith.
Rendered in open Court this sth day of
November, 1882. HENRY RIvEs,
DiStrint Iudpa