Daily independent. [volume] (Elko, Nev.) 188?-1915, 1890-12-17
County Official Paper
DANGER OF A DEADLOCK.


Canvassers to canvass the vote Of the
late election for State officers. The
Chronicle learns that there is ques-
ton in regard to the power Of the
Board to canvass the vote upon call
for Constitutional Convention. There
is no law specifically authorizing the
canvass Of that vote by the Board,
nor in fact is there any statutory pro-
vision for its being done by anybody.
The general election law OF 1865 makes
it the duty Of the Supreme Judges to
meet in the Secretary of States Office
on the third Monday Of December
succeeding general election, when
they shall proceed to "open and can
vass the vote for Member of Congress,
District and State officers" There
being nothing said in relation to any
other vote, we understand that the
question will be considered today by
the Board, as to it's power to do any
thing else than that which is specific
ally mentioned in the statute, and the
propriety of doing 30. 1t is decidedly
the opinion Of the Chronicle that the
Board should canvass and declare the
vote. The question is>merely tech
nical one, and the Justices, not sitting
IS Court, but merely as a clerical
body, should not be bound by such
strict technical precision as governs
it's action IN Judiciary matters. 1t is
neither reasonable nor in accordance
with common sense that the will OF
the people, expressed in a manner
prescribed by law, should be defeated
by lack OF strictly lawful authority to
announce fact which is we'll known
to every voter in the State. The JUS
tees Of the Supreme Court sitting as
the legal Canvassing Board of the
State, in the absence Of any other
constitutional or statutory provision,
are, in our opinion, the proper persons
to canvass and announce the vote, and
we are certain that every fair minded
person, whether in favor of or opposed
to convention, would approve their
action in doing $50. Then agian, a
law passed in 1887, confers upon the
Board the power to canvass the vote,
or rather makes 1t its duty, to canvass
and announce the vote upon constitu-
tional amendments which have been
submitted to the people, and it would
certainly not be an unreasonable as
sumption that under that statute the
Board would be justified in acting in
the same capacity in the matter Of
Constitutional Convention.
II the Board fails to act in this
matter there is strong probability
that no Convention will be called and
that the will Of the people will be
most shamefully defeated. It has
been suggested that the Legislature
is the proper body to canvass the vote.
1t is well-known fact that tho
who generally control our Legisla-
lures, and who will unquestionably
control the ensuing one, are bitterly
opposed to holding n conver ton.
Article XVI, Section 2, OF the State
Constitution Directs: IF it shall ap-
pear that majority of the electors
have voted in favor Of calling con-
vention the Legislature shall at the
next session provide by law for calling
Il convention" Now, "if it shall APP
pear" that such has boon the vote,
the members Of the Legislature can
not without violation Of their official
oaths fail to enact the law as directed
by the Constitution. They are not,
however, sworn to take such steps as
are necessary to make "it appear"
and IL they are disposed to be as tech
nioal as the Canvassing Board will be
II it fails to canvass and declare the
vote, they Gun defeat the convention