Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1899-05-06
OvERRULEs ITSELF.
From the Carson News Of April 40 ]

news requesting a decision upon their
demurrer argued few weeks ego. The
opinion was read by Justice Massey and
substantially declares the votes Of Reno,
Eureka and Storey counties to be legal
and valid.
II WAS the opinion of majority OF the
Court that the election OF Cooncilmen
for the city OF Reno was not held in strict
compliance with the statute that the
respective Councilmen should have been
elected in the wards they were aspiring
TO represent. Yet, in the absence OF
fraud and in fitting respect for the invio'
liable rights Of suffrage guaranteed by
the Constitution, the Court was of the
opinion that the voters OF Reno should
not be disfrsnchised by the mutual mis-
takes Of officers aud electors. 10 or
der TO maintain this position consist
emily, it was found necessary to overrule
the decision Of the case Of Sweeney VS..
HUI, rendered two years ago. In that
case il was held that ballots containing
the names of candidates for township
officers other than those for the precinct
in which the election was conducted,
showed upon their face distinguishing
and intentifying marks rendering them
illegal and void.
The position Of the Court in the case
at bar may be best explained by the fol-
lowing extract concluding the opinion
rendered
owe ccme now to the most serious
and important questions involving the
application Of the rule laid down in Swee
ney VS.. HUI to the facts alleged in res
pondent's answer. We fully realize the
Importance and effect OF the rule, and
the strength and reason upon which i. is
based under the Australian Ballot Law
as applying to individual electors and
individual ballots. yet . case has arisen
under the construction Of that act which
could never have heen contemplated by
the Legislature 10 it's passage. and under
the strict construction OF which would
operate to disfranchise q large per cent
OF the voters Of the State living in the
county and by the same strictuess OF
construction would. upon 3 more careful
examination OF the act, exclude the bal
lots Of any precinct or countywhich might
through the fault OF the officers have
printed thereon names Of officers for
whom the eleetor had no right to vote in
such precinct or county. The right Of q
single elector may be and 10 just as sac
red as the rights Of many under our Con
sti.ution. yet where . construction OF
the law Ia likely to disfranchise Q large
number OF the electors in case arising
through the mixed fault Of the officers
and voters in preparing aud casting bal
lots in q precinct or county, in which
reason almost conolusively suggests that
there was neither fraud nor corruption on
the part OF either. there being no show
ing by averment or otherwise outside the
ballots of such fraud or corruption and
which never could have been contem-
plated by the Legislature in the passage
OF the act, the language Of which must
be construed by the Court in order to
give it just and reasonable effect and
harmonize IL with constitutional rights
and the much desired purity Of election
intended by it's passage. and where il is
apparent that any modification Of the
construction OF such act, heretofore given.
cannot be made in the interests Of many
J under the above showing without injury
to the individual or his rights. then JUS
tice demands that the rule and construc-
tion be abrogated in the interests Of all,
and the settlement of the matter be left
to the legislative department to provide
in express and certain terms, having re-
gard for the constitution, plain and sim
pie rules that shall govern in all such
cases.
:" For these reasons a majority OF the
Court deem it proper to override that
portion OF the decision in Sweeney VS..
AJut HPphNebio VI ioOte nhOWh Oy
the part OF the answer under considers-
toh and sustain the Realtors demurrer
thereto. This conclusion has been reached
after deliberate and careful consideration
and discussion. and not without some
doubt, and based in part upon the rule
that the public interest in matters Of this
kind will be best subserved by giving law
of doubtful meaning the construction
that will result in the least wrong and
injustice"
The trial of the case has been set for
June 9th. the foregoing decision having
been rendered by the Court in . prslim-
mary matter.