The Wadsworth dispatch. [volume] (Wadsworth, Nev.) 1892-1899, 1894-11-21
WEDNESDAY, NOVEMBER q, 1894
A PROBABLE MIDDLE.

The Board OF County Commissioners
actsng as a canvassing Board finished
their work yesterday. They found that
the ballot box from Wadsworth was re
turned in a manner that did not conform
to the letter of the Law in that it was nol
locked or sealed, but the cover MAS nail
ed down. In examining the Wadsworti,
registry list it was discovered that fifteen
voters have been transferred from in
nemucca and Carlii., towns in iinmboll
and Elko counties respectively, to
" ashoe county two days before the da,
OF The election, and that the aforesaid
voters were not legal residents OF Washoe
county. In the matter OF the returney
from Salt Marsh it Was found that six
voters had been transferred froni Reno
to Salt Marsh, there being An Irregular
ty in the transfers. There ia a grave
question whether the Board of Com
missioners acting as Board OF Canvass
ers have the right under the Law to re-
fuse a canvass of the vote of any precinct
on account Of All irregulsrity that may
have occurred prior to thu day of election,
but have the right if the returns OF All
Election Board are defective or irregular
to reject them, and in the opinion of
MAN. this 10 IS far as their jurisdiction
extends.
The Second Ward returns were can
yassed and corrected. Pyramid and
Verdi were found to be correct; Frank
town, Washoe, Huffakers and Glendale
had nothing in the ballot boxes when
the returns were. broughs in. The Salt
Marsh box wal properly sealed. In the
returns from Washoe the envelope was
sealed and tied up; Franktown,s re.
turns were sent in in the same manner
the Glendale package was tied up, but
the envelope unsealed, Haffakers was
sealed and tied.
". r. Mclaughlin moved that the
action of the Board in refusing to can
vass the returns of Salt Marsh and
Wadsworth precinct be, and is hereby
rescinded, and that the Board do now
proceed to canvass the returns of said
precincts. The motion was carried and
it was 80 ordered.
An act prescribing what shall tonsti-
tute actual residence within the dreaming
OF Article II OF the Constitution, APPROX
ed Msrch 4, 1880, deiues the legal res :
dence Of person % follows; "The legal
residence Of = person. with reference 10
his right Of suffrage aud eligibility to
office, is that place where his h~ahitation
10 fixed aud psrmanent, and u which.
whenever he is absent, he has the inte.,-
tiot OF returning. Reno Journal.
The Gazette calls it "a tempest in a
teapot" and says:
"a Board of Canvassers are minister
ial and not judicial officers, and can
take cognizance of no Irregularities or
defects except the appearance on the
face of the returns, such as clerical err
rors, cts. All the talk about the Board
~"thfowing out" and DISTINGUISHING the
honest voters of a precinct is simply rot.
If every vote cast had been fraudulent
the Board would have no more right to
throw them out than any other individ-
ual. 1t is their duty to canvass the re-
turns as sen in, and any irregularities
through the ignorance Of any election
clerk or registrar agent cuts no figure
whatever and it is no business of the
Board in any particular 1t is a duty
that deyolves upon the judicial depart
nient OF the Stafe to take testimony and
decide the case ON its merits whenever
a contest is made"
In the meantime the Wadsworth
Registry Agent claims the transfers are
correct and the former Registry Agent
has the advice of two prominent lawyers
in regard to the matter and was guided
by that advice. In making transfers
Reno, Winneinueca. Carlin, Salt Marsh
Salt Works and other precincts took
similar action. If anybody is aggrieyed
the nlacp fnr rpIrpas IL thn pn,rts