Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1899-06-17

They contained The words Justice OF the
Peace and the name Of the candidate
voted for.
Court convened for the afternoon session
at 1875. Mr.. Dswley was questioned oy
Mr.. Wren as 10 whether q certificate oil
nomination had been filed with him for
o Cszier. whose name was found written
ON four Of Toano's ballots. He said mo"
and REALTORS counsel waived any CROSS
examination. The precinct OF Tecoma
was then offered by REALTORS COUNSEL
Cheney, for r~elator. called attention to
broken envelopes. desiring 10 impress
upon the court how easily The envelopes
came unsealed and unfsstened. In fnis
precinct nearly all of the ballots bore the
name OF w. @. Gsllsher for Road super
visor written thereon. Ssdler's votes
we're all so distinguished, and oil save one
of MoMillan's. Mr.. Dawley testified that
the names were not written thereon by
the former County Clerk. Realtors coun-
sel offered the tally list to show that all
writing on the above was done by one w.
T. onyon, clerk Of election, and conse-
ouently Mr.. Onyon is in bad odor.
Glover Valley was the next precinct
counted. Four objections were taken by
respondent on MCMILLAN ballots contain
ing retraced crosses. Glover Valley gave
- rota. Tar gadlar
Mountain City wal the next lot Of ballots
presented by Clerk Dawley. One Nc
MILAN ballot was objected TO because two
CROSSES made in squares, one beneath the
other, Joined. Relator more than set this
off by promptly Directing to 9 sadier
ballot with an erasure and revoting for .
different candidate. Mr.. Wren took OBJ
lection 10 a ballot with q slight CROSS,
evidently imprinted from another cross in
the folding.
Carlin votes were the next TO be scrutin-
lied. OF seventy and odd votes only
eight were objected to-four by each side.
The relator found one ballot with Q bad
erasure and one with q Cross made out OF
the square, while all the other CROSSES were
properly made within the square.
Respondents counsel then offered, on
their part. the remainder Of Lyon county
| Relator objected on the ground that 1t was
| ont Of order. Realtors counsel then sub
| mitted that all the identifying or dis
tinguishing marks objected TO by counseli
on both sides must be grouped under
| eight heads, as follows:
First-Where three or more distincI
| lines which are more than plain attempts
| to retrace or make more distinct q part o
a cross have been made in the square
which makes star. spider or other irregu
lar figure not resembling a cross.
Second-Where the cross has been mad
outside Of the square or not opposite III
name OF the candidate.
Third-Where there has been q partis
or attempted erasure or cancellation OF
GROSS.
Fourth-Where single dots, lines O
dashes appear upon the ballots.
Fifth-Where all Of the crosses are on
Of the squares aud after the name.
Sixth-Where part of the CROSSES ar
after the names, the rest being in tn
proper squares.
Seventh-Where writing is found on th
ballot.
Eighth-Where crosses have been mad
opposite to too many candidates for 81
Office other than Governor.
The first, second, third and seventh
heads have already been held by thi
Court clearly illegal and void. There !
much question as to the fifth head, Judg
Cheney, while District Judge held sucl
ballots valid. Ballots under head fou
are void il the dots, lines or dashes wer
made as distinguishing marks, but whel
Inadvertently made, are held to be legal
The sixth head again occasions muol
doubt. for il is q class Of markings tina
can be used to identify or distinguish.
The same may be said Of the eighth head
The Court will be compelled TO pass upol
groups five, six and eight, and place them
selves on record.
Many ballots have been objected TO OF
these grounds. They are now features
and care and discretion must be use'
upon them. In fact, the individual ballo
itself must speak for the voter before th
Court. The intent Of the voter must b
considered.
The attorneys for both sides then b,
argument distinguish these groups AM
the markings under them, and asked for
careful inspection under the law Of tn
ballots and their markings before reject
ing . ballot and depriving . voter Of hi
guaranteed constitutional right.
Court adjourned until next Monday.