Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1885-01-14
the first Monday in November AID.

said election 635 votes and the
said H. L. Byrne duly qualified
elector of said Elko county, and q
candidate for the Office of Assem-
blynan, had received at said cleo
ton 634 votes. That on the 18th
day of November 1884, said HI. L.
Byrne duly applied to said Board
of County Commissioners of said
Elko county as one of the defeated
candidates for the Office Of Asse m
blyman, in which application said
H, J. Byrne duly set fourth under
oath among other things that he
had reason to believe and did be-
lieve that a mistake or mistakes
had occurred on the part of the In
spector of Election on the follow
ing named precincts to wit: Car
lin, Clover Valley, Columbia, Fort
Hallock, Hallock Station, Hunting
ton Valley, Jack Greek, Samoyle
| Valley, Mound Valley, Tacoma, To-
rano, Tu.carora, Mills and White
Rock, North Ruby, South Ruby,
South Fork, and Spruce Mountain,
sufficient to change tho re-
turns of said election for said Of
| fee of Assemblyman, so far as said
Palmer and Byrne were concerned
and that recount of votes would
show that said Byrne had received
greater number Of votes cast at
said election for said office han
Palmer, that therefore said Board
at once ana on said 18th. day of
November 1884, proceeded to count
the votes of said precincts, and
found thereby that said J. A. Pal
mer had received therein 534 votes,
and that H. L. Byrne had received
therein $40 votes. and that said
Bvrne had received in said pre-
cincts three 60 votes more than
appeared by the canvass of said Of
fetal returns Of said precincts
made by the District Judge ''R. r.
| Biglow" that from said recount it
appeared that said Byrne had re-
| ceived at said election a greater
| number of votes than Palmer to
| wit, that said H. L. Byrne had re-
| ceived 637 votes, and said j. A.
Palmer 635 votes, whereupon said
Palmer on said 18th. day of Nov.
1885, duly applied to said Board
as one Of the defeated candidates
for said office Of assemblyman in
which application he duly set
fourth " under oath" among other
| things, that he had reason to be-
lieve and did believe, that a mis-
take or mistakes had occurred on
the part of the Inspectors of Elec-
ton in the following precincts to
| wit: Mardis, Elko, Railroad,
| Mountain City and Island Noun
tain; sufficient to change the result
of election for said Office of Assem-
blyman, so far as the said Palmer
and Byrne were concerned, and
that a recount of the vote therin
would show that said Palmer had
received greater number OF votes
cast at said election than said
Byrne. That therefore said Board
Immediately proceeded to recount
the votes Of said last named pre-
cincts, and found thereby that
said j. A. Palmer had received
herein 1O1 votes and that said H. L.
Byrne had received therein 126
votes, that the precincts hereinbe-
fore named comprised all the
election precincts and voting pla-
ces in the said Elko county. That
all votes cast in said Elko county
at said election held November
18th. 1884 were cast in said pre-
cincts, that at said election in
said precincts, 1911 votes were cast
for said Palmer and Bvrne, for
said Office of Assemblyman Of
which said Palmer received 635
votes, and said Byrne 636 votes,
and your committee further find
that the County Commissioners Of
said Elko county declared 81. L:
Byrne duly elected to the Office Of
Assemblyman and issued certifi
cate accordingly. Your Committee
has examined the law governing
contested election cases and find
that the contestant, j. A. Palmer
has failed to comply with the laws
governing contested election as
provide for in the revised statues
Of the State Of Nevada volume two
page %, section 2555 to 1850 inclu-
sive.
We therefore, your Standing
Committee on Elections submit the
following resolution:
Resoired, That the Hon. H. l..
Byrne is entitled to the seat now
in controversy in the Assembly.
is. SMITH,
Chairman of Committee.
The report was adopted without
any dissenting voice.
THE U. S. SENATORSHIP.
The House then proceeded to
the election of United States Sen
ator.
Allen Of Washoe placed John P.
Jones in nomination for the U.
S. Senator.
He was seconded by Fasset Of
Eureka and Flanningham Of
Storey.
Allen of Washoe, spoke as fol-