Daily independent. [volume] (Elko, Nev.) 188?-1915, 1899-06-06
THE GOvERNORsHIP CASE.
Counting OF Ballots Occupies the first
Day. Many Objections offered


The Carson News gives the follow
ing account Of the proceedings IN the
Goveruorship contest case, before the
Supreme court ut Carson Yesterday:
This morning at 10 o'clock before
the Supreme court the Governors
contest was called.
Now that it has been call, d and is
be tried on its merits, interest as
" the result is at fever heat. There
was much hustle ana confusion be-
fore any to imony was offered in
finding available seating room for
witnesses, reporters aud attorneys.
The taking of testimony before the
Supreme court Of this State is rather
a novel and unusual thing and it was
with some difficulty that suitable ar
rangements were finally made
In all there were nIne attorneys
actually present and repre- sented in
the case. Tio.e for McMillan's in
terests are Attorneys Coffin, Cheney,
Vanderleith. Plat, and Smith of
Reno,who was entered as coun sal this
morning. Attorneys Woodburn,
Wren, Judge and Sadler represent
the respondent in the case.
Mr.. j. A. OhlandAr Of B ,Imont was
the first witness called to testify in
behalf Of the relator. McMi Ian MIR.
OhIander is the county clerk of Nye
county and brought with him whole
TRUNK full Of ballots ca iefully se lied
and IN proper condition for the ex
animation BY the CO. rt.
1t Is evident that Ghere will he
spirit ID contest over much Of the
testimony. The question propound-
ed by Attorney Collin 20 Mr.. Ohland-
er. 3Have you brought with you any
OF the ballots that were cast at the
last electIon?" met with an objecnon
from the Other side. Attorney Wren
contended that this is quo warrsnto
proceeding and not strictly SOCIAL.
ed contested election case. that, un-
der section d Of the election law the
ballots could not be counted. There
was much controversy upon the point
by respective counsel, McMillau's at
torneysi holding That this proceed ,nR
in the natul Of a quo warranto was
nothing more or less than contested
election case and that the court had
go held III former ruling.
The court decided that all the evi.
dence ouid be admitted under tie
Objec ION and that the court would
subsequently, rule upon the admisi :
bIlity " all the testimony.
Sadler's attorneys alao lnterposed
the objection that the ballots had not
been in the hands of the proper Off
GERS ON the ground that the pre- se mt
county clerk was n candidate for re-.
cleo ION. .....
Upon this objection the court hand.
ed down the same rul,sg.
1t was stipulated in open court that
the ballots OF the several precincts
be examined by respective counsel;
that ill those objected TO be marked
RS exhibits IN the case and that these
objected ballots be finally submitted
to tile court for its consideration.
After tbese preliminary arrange
ments the glow and tedious em pIoy-
ment of counting the ballots was be-
gun.
The principal Objec ions to the bal.
lois introdu3e d as te 'tilnony, viii be
i'll the main. based upon identifying
and distinguishing mar6s which lay
happen to show upon them. The
Australian ballot law provides that
nothing shall be placed upon the bal
lot but cross opposite the name OF
the candidate voted for. Tho ballots