Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1899-06-24
THE eovERNoRsHIP CONTEST
From the Carson News of June 49,

A8ns ta1
nose Of considering the ballots objected TO
by both parties during the introduction Of
the testimony OF the Relssor Mcmillan.
From that until this morning the Court
bsd uudsr consideration 584 ballots which
had been objected 70 by the attorneys for
both the relator and the respondent. 800
of these objections were made in behalf Of
MCMILLAN and 2l9 were made In Ssdler's
interests.
Upon converting this morning the Court
announced through Justice Bonnifield That
il was ready 70 give the result OF the objec-
tions referred TO. Justice Massey had the
memorandum Of the Court before him and
before referring TO il announced that a.
the Court had been 90 burdened with the
consideration Of the large number of bal
lots presented that ii had not found the
time or the opportunity to prepare 3 writ
sen opinion citing fully the grounds for
the decision. Justice Massey also announ-
ced from the bench that those ballots in
troduced by Ssdler's attorneys out OF or
der Is . part Of their case had not yet been
considered By the Court and would not be
until the termination Of respondents case.
The Court sustained 4s of the objections
taken by McMillan's attorneys and IL Of
the objections taken by Sadler's attorneys.
In connection with these objections, which
we're made on the grounds OF distinguish
fng and Identifying marks upon the bal
lots, there we're several ballots voted for
Mcmillan and rejected by the election
officers in one or two precincts that were
counted by the Court ss good and valid
votes for Mcmillan. A few other errors
were found in the consideration OF the
number Of votes cast in certain precincts
which effected the actual result OF the
G~ubernatorial election. Considering sad
ler's original majority as having been ~,
as announced by the official returns, and
figuring from the number Of objections
sustained by the Court on behalf of both
parties, McMillan's majority over Ssdler
at the present time can be estimated at 16.
The decision, as q matter of course, in.
dicates that many Of the objections taken
by counsel for respective parties were in
opinion of the Court most trivial and I'M
worthy Of serious consideration. The
Court has definitely decided that the writ.
ing Of the words 'yes" or mo-" after thu
county consolidation line upon the ballot
ia . distinguishing mark sufficiently bad
to invalidate the ballot. The Court has
also decided that other writing upon the
ballot placed there intentionally by thu
voter should also invslidate the ballot. In
announcing the opinion of the Court JUS
tice Massey declared that the possible in
tention Of the voter had formed q promir
nent factor in their deliberations. Where
the intention Of the voter seemed 10 be I'M
questioned as to his desire to vote for 9
particular candidate, that ballot was not
rejected on account of some possible aoci-
dental mistake in marking the ballot
Where q bad erasure was shown upon the
ballot. clearly ~disfguring il. the Cour'
decided 1t was sufficiently distinguished
to invalidste the ballot.
II WAS also the opinion Of the Court
that where two candidates foI . particular
Office had been voted for and the instruc-
lions clearly suggested that only one should
be elected and voted for, that 9 cross
placed opposite the names OF two candi-
dates was not 8 distinguishing mark and
would not invAlidate the ballot.
After the opinion was announced County
CLERK LOTUS Of Lyon county and the
attorneys for Sadler opened she respon-
dents case. Ballots from the precincts Of
Smith Valley. Plummer, Sutro. Silver
City, Mound House and Churchill were
submitted for the inspection Of the at
torneys. The objections were moi sc
numerous as upon former occasions. for
the opinion Of the Court just rendered wal
guide as to what would most likely prove
serious objection. However. q few bal
lots, apparently invalid, were found by
both parties. The Court adjourned at
11:45 to meet at 1880 in the afternoon.
The Court convened promptly at 1880
O'Clock. The first precinct canvassed was
Mason Valley (alias Yerington. Pizen
Switch, etc.,. ReIator found seven ballots
with ''yes" or mo" written opposite con.
solidstion Of counties. while respondent
unearthed but four. One ballos had the
word loud" written opposite Sadler and
Of course relator took objection and no
doubt il will be sustained. Relator also
took exception to one ballot with Q GROSS
opposite no name and another with 9 per-
pendicular line opposite no name. Res
pondent objected 20 two ballots with
printed Eyes" crossed out and g CROSS OPP
posits no." Respondent took exception
to six erased ballots and relator one. This
completed the canvass of Lyon county.
Relstor then offered the balanced OF Ruby
Hill which were forgotten by County
Clerk Hoegh last week. They arrived
this morning by Wells, Fargo q Co., ad-
dressed to CLERK Howell. The canvass
abnwad . cain ~ opa foy McMillau. |