Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-05-29

> by the lower court because the voter
thereof had placed crosses i1nned-
lately above the names of BRYAN and
Sewall. Said Exhibit Y was also
properly excluded by the court for the
reason that the elector has placed a
cross thereon in the vacant space on
the extreme lower right hand corner
thereof not opposite the IAN of any
candidate. Exhibit w is also a bal
lot cast in said precinct at said cleo
ton and counted by the court for
the appellant over the objection of
the respondent. This was error.
The is directly upon the line be-
tween the names of the appellant and
one J. c. Ravell, who was also a candi-
date for Sheriff at said election, and it
Is impossible from the position of the
cross to determine whether the voter
intended to vote for the appellant or
the said Ravell, therefore said vote
should have been rejected. Exhibits
?, BIB, &C, EE and GO are ballots
voted in said precinct at said election
for said respondent and counted by
the court Tor him over the objection
OF the appellant, Each of these bal
lots should have been rejected bv the
court as there are marked thereon by
the voter with a lead pencil crosses
opposite the anne of the candidates
for township officers in Eureka and
Pallsade townships. Exhibits IA,
FF, Y and L are ballots voted in said
precinct for said appellant and count
ed for him by the court over the OBJ
lection of respondent. The action
OF the court in SO counting these bal
lots was correct as there is nothing
on the face of the same that would
render them illegal and VOID under the
law.
There were cast at said precinct p
ballots which the respondent contends
are void. II of these ballots were cast
for the appellant and s were cast for
the respondent. To each is attached
the stub bearing the printed number.
he record dlSclOses no facts, other
than these, i'll relation to these bal.
lots. The respondent contends hat
The failure of the election officers to
remove the stubs from these p bal
lots rendered each aud all void, for
the reason that the stubs with the
numbers thereon were distinguishing
marks, rendering the ballots capable
OF identification, and thereby DESTROY
ing the secrecy of the ballots.
Section II of the Australian Bal
lot Law provides that on each ballot
a perforated line shall extend from
the top to the bottom one-half inch
from the right hand side of such bal
lot. and upon the strip thus formed
there shall be no writing or printing
except the number of the ballot
which shall be upon the back of he
strip IN such position that it shall an
pear on the outside when the
ballot is folded; that the number N
each ballot shall be the SAME as that
on the corresponding stub and the bal
lots and stubs shall be numbered con.
s~ecutlvely in each county. Section
- OF the Same Act provides that all
ballots when printed shall be bound
III stub books of fifty and one hum
dred ballots each. Section 10 pro.
v1des, that a person desiring to vote
shall give his name and address to
one of the clerks of election. who
shall announce the same, ard if the
other clerk shall find tie lame uDon
the registry list, he shall repeat the
name and address; a ballot shall then
be given to the voter and the number
Of said ballot shall be written bv one
OF the clerks of election upon the
registry list opposite the name of
the voter receiving it.
Section 20 provides in effect, where
and III what lame the voter shall
mark his ballot, how the same shall
be folded, and after folded to whom
1t Shall Be delivered. 1t also requires
the inspector receiving the ballot and
before depositing the same in the box
to separate or detach the strip on sthe
right hand side thereof.
Section "a provides, that no ballot
shall be deposited in the ballot box
unless the water mark appears there