Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-09-25
FROM THURSDAYS DAILY
SADLER WINS.
The Supreme Court so De-
c:des

Yesterday afternoon the Suprome
Court OF the State of Nevada handed
down its decision on the Contested
Go~verhorship between VIM. Mcmillan
majority Of Governor Sadler amounted
% y, but through the decision OF the
Court he makes a gain of Al votes.
The 6rst question handled is the va
lidity OF the respondents original
objection to the Courts jurisdiction.
The o'j,ction to the jurisdiction wa
nvcrr#'ed although thu Court enter
! tanned some doubts as to its proprjety.
''tv n-,.e dismissed the @c,iou,' IL,
Court says, "woulo have left tha Re
Iator without an adequate remedy, al
though by his complaint he showed be
had q right 10 said Office"
TIg question of the appa.n:mcnt Of
clerk~ and Inspectors iii Humuold, and
LHnder counties The Court held ttaL the
statute govern ng Sch cases WAS o"!y
djrectory.s noH-rompliduce with wh:ct
was 40: suticirnt to reject HE vote OF thc
coUuty or Ir.cI"rt,
The e@o.ga Of miscoudavJ in Lu}rr
county 49, ~, errulad fron, the fret tha;
~resron,5eIt dii not pirtic'pa'e III SUI,
acts nor were they dJr= with hi- An~wi
edge t,af,fr such tnl~, ou3uv did ret
imNaliiatc tn vot. east.
The soldier v,,te was not counted from
the f-ct that Gl,ro were ~ pto,. III III, l.
the Statutes tav such act and declared
such election void Of legrl effect.
Regarding une Vote in Washoe county
the Court coulended that the statute was
! plain in regard to the election OF Csun-
%cilInen by the votes of electors OF their
Respective wards, and therefore the vote
shuald % rouu'e3 for McNiil,n.
The allegation in respondents answer
setting out that tbs election in Storey
county was Illegal on account OF the
aarae OF f. c. Lord appearing upon the
ballots after he had sent il his resignation
was dSmurred to by respundent'. attor-
neyE. The Court sustained the demurrer
and hold the election valid on the ground
that no proclamation or writ Of election
as required by the Statute. WAS necessary
.N ..
c.rov,nd ,ho ,axt rer..,I alsc.inn
The registration Of Rem, precinct WIZ
held to be legal.
Both tho relatOr and the respondent
alleged Illegal Votes on thu part at non
ft"ldeht N0t~r<. Ia" court III a'SP"slng
of tAjs issue rais".t, s>ys"no evidence has
-;
yL. o....:,o -, n.,,,.s -,o, h.i-, -
:. nro. "a. ,,n.is ..-.,~ -r.rsni.siar 10
, scene ct roates. vas oyerruI d by the
Court, it ueiug the opinion that they had
not been tamprreA "jto.
IL the consids,o,jon OF the red-Iiue
ballots from Store; county the Court
declares that a ne question has been
raised. The Court is Of the opinion
that 55 OF the so-called red line ballots
cast for Mcmillan are invalid on &c
count of the mark which distinguishes
them; and for the further reason that
as there we're 200 good and unmarked
ballots returned TO the canvassine
board alter the election was over there
q was 10 necessity for the distribution II
p Gold Hill precinct Of the ballots 81
marked. The Court holds that tn,
q law only authorizes the writing O.
printing Of the name Of . candidat,
-. uoon An already prepared ballot whel
the candidate has besn substituted for
the name of q nominee Who has re
signed. In the present instance tn
~ Court was OF the opinion that unde
I'll et4 Law providing for = new election
a'cer proper afhdavits had been mad
IS the difficulty in reference TO Mcguire
4 r.u. .nnaar,,v unop thu ballot afta
!. ha had .resipned could easily have bea
Loaded Tho red l,nas upon ,om, G
.ha h.1lo+s and not ,,,on all of than
% -, ~, ..r,