Daily independent. [volume] (Elko, Nev.) 188?-1915, 1899-09-21
M'MILLAN VS.. sADLER.
The Supreme Court Declares Sadlel
Elected by Sixty-three Plurality.

Inc carson News gives the follow
ing synopsis OF the decision of the
Supreme Court in the Governorship
contest. The decision is by Chief
Justice Bonnifield and concurred in
by Judges Belknap and Massey. The
decision starts out by complimenting
the respective counsel in the case for
their zeal and energy in presenting
their points OF law ana the facts
necessarily brought in evidence.
The opinion is not very voluminous
inthe citation of the authorities, for
the court declared at the outset that
to give in full their opinion upon all
questions raised, to note the argu-
ments Of counsel and authorities cit
ed would fill volume of Ne 1ada re.
ports.
The first question considered by
the court was the Respondents orig
inal objection to the Jurisdiction OF
the court on the ground that the in
formation was not filed in the name
OF the Attorney General Of the State.
The objection to the Jurisdiction was
overruled, although the court enter
tanned some doubts as to it's propri-
ETY.. @To have dismissed the action"
the court says, "wonld have left the
Relator without an adequate remedy,
although by his complaint he show
ed that he had right to said office"
The court In further comment, as
serts that the legislature has as yet,
failed to provide for such a contin-
gercy.
The validity OF the appointment OF
certain inspectors and clerks in Hum
boldt and Lander counties from the
same political party was next discuss
ed. The court held that the statute
governing such cases was only direc-
tory Noncompliance With which
was not sufficient to throw out the
vote OF the county or precinct.
AS regards the misconduct of in
spectors Of election and bystanders at
Humboldt county and three precincts
IN Lander county as alleged in Rela.
tors complaint, the court held that
there was no allegation that the Re.
spoudent, Sadler, participated in said
acts. or that they were done with his
knowledge or consent, such conduct
would not invalidate the votes cast
therein. .....
The soldiers vote was then taken
up. The contention OF the counsel
for Mcmillan was that under the en-,
abling act and ordinance the election
held among tho members of Troop A,
First Nevada Cavalry, while on the
high seas between California and Ha.
wall, was valid election, and as the
Relator received majority Of four
teen votes that majority should be
duly credited to him and regularly
counted in his favor. The court held
that the enabling act and Ordinance
was not intended to apply to future
election and as there was no provis-
ions in this State governing such
cases it would be necessary TO declare
such elections void and OF no legal
effect whatever.
AS to the validity Of 447 votes cast
for Mcmillan at Reno, ia washoe
county, the court found it necessary
to override portion Of the case of
Sweeny We. HUI. The court was of
che opinian that the statute was plain
regarding the election of councilmen
by and from the votes of the electors
from their respective wards, but con-
tended that out Of consideration for
the sacred rights OF suffrage and in
the interests Of public policy, the
votes above referred to should be
counted for Mcmillan and sustained
the Realtors demurrer.