Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1888-12-06
THE COUNTY NULL.

THE COUNTY NULL.
Before the election an attempt was
made BY the respective republican and
democratic committees Of the counties OF
Nex Psrcc aud Latah to make nomina.
<ious jointly, for councilman and repre-
septativcs, under the provisions Of the
late bill dividing Nee Perce and creating
che county Of Latah for all purposes save
Judicial and legislative. In these respects
they should remain as before, a. one
county, till the supreme court and the
legislature should direct otherwise.
This left the citizens Of these two in
DOUBT as to the extent Of their powers.
They could not agree and two full tickets
we're nominated, by both part les, and
voted for. Then came the question who
we're entitled to their seats. The ma
icrity Of the votes were cast for the
members voted for in Latah county, and
By Latah citizens, few votes had
been cast for these candidates in NeE
PIERCE county, and few votes had been
cast in Latah county for the Nee Perce
county nominees. The board Of can
vassers Of Nee Pcrce county receiving
no returns from the precincts in Latah
county, canvassed the votes received
from Nee PIERCE county, and ordered
their clerk to issue certificates to those
having tho highest number Of votes for
each position. He did SO. Subsequent
u the auditor Of Latah county madc a
report Of the vote Of Latah county and
the member ofthe council, voted for in
Latah county, demanded that the
recorder of Nee Perez county should
issue a certificate Of election to him, as
councilman, claiming that he had more
votes than any other man. The recor-
der claimed that he did not sec how he
could DO governed BY the returns Of the
LAtah county board, instead Of the board
Of Nss Porce county, and he declined to
Issue the certificates without further
authority. The applicant appealed to
the court for a writ Of mandate. The
court granted 40 alternative writ to
appear and show cause why the writ
should not be issued. Accordingly the
auditor Of Mes Percc county appeared by
counsel, Messls. Reid and Tillinghast
and the applicant by Willis Sweet ESQ.
They had several brief discussions Of The
question, and finally on Friday they
agreed to compromise, which wa'
written out and signed and flcd viii
the court, upon which stipulation thu
jadge was to enter up his decision. Chi'
sssms to take the present case out o.
court, and it may settle the dispute 60 fal
u the candidates, who were voted for, j.
copcefaed, but may not bind the lrgis-
lature in seating the persons who get tn
certificates. The general Impression j.
that members elect will acquisce without
: contest a. We find none Of those, who
think they we're elected, will expend
mach money to contest, and their con-
stituents will not advance much for them
70 contest, in as much as if successful
thsy don't have much confidence tina,
their seats in the legislature will do The
counties much good. If any one is dis
satisfied wish the agreement or compro
misc their remedy would Be to 60 t.
Boise and contest and perhaps he would
Asd some remedy. The following ia tn.
text Of the compromise.
In the district court of the First Judicia
District of Idaho Territory in and fol
Mes PIERCE county.
]. W. Brigham, plaintiff, vs. I. c
Hattabaugh, recorder of Nez Perct
county, defendant.
In this proceeding and in the mat
tiers Of A. s. Clancy and F. E. Mix
petitioners for writs of mandate in thu
matter of the election Of members Of thu