Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-09-27

ballots cast as aforesaid should be re-
iected in the count for Rolator by reason
of being so cast or because of a cross
being made thereon opposite the name of
J. A. Conb0ie.
Registration. 1t is alleged by the an
>wer that in the City and Township of
Reno there We're more than three hun
dred names of persons illegally placed
on the register Of voters, by parties other
thar the Registry Agent, and that more
than two hundred of these persons thus
illegally registered cast their ballots for
the Relator and that said ballots were
canvassed and counted for him. 1t is
coutended by counsel for Respondent, as
we understand, that the votes of these
persons should be excluded from the
count i'll this case, or if that be impracti-
bic that the election held in Reno be de-
clared void so far as the G~Overnorship is
is concerned. 1t is not alleged nor was it
attempted to he shown that said three
hundred persons or any Of them, were
not duly qualified electors by reason of
the want of any of the electoral q%ualif-
cations prescribed by the Constitution.
The evidence as to said registration is
that the Registry Agent, by reason of
being sick for ten or twelve days Imme-
diately preceding the statutory time for
! closing the registration was unable to at
tend to the registration of the voters, and
he requested w. d. McNeilly, the Con-
stable who had his office in the room
with the Registry Agent, to take the
nalnesof persons applying for registration
in his absence and enter them on the Off
cial register. subsequently the Registry
Agent certified the names of all of these
persons to the Inspectors of Election in
the several wards of Reno, with the
names of the persons he had registered
himself. Most of these persons, if not
all, voted at said election. McNeilIy tes-
titled that he registered No one about
whose right to registration he had any
doubt; that he consulted the District At
torney and the Chairman of the Board of
County commissioners and that they ad-
Vised him 10 go ahead aud register the
voters. Although there is no evidence
tending to show bad faith on the part of
any ne and We are of the opinion that
all connected with said registration acted
]" good taIth, yet such registration was
without authority OF law. The proVIs-
IONS OF the Registration Law for ascer-
tanning whether the applicant for regis
trauou Is legally entitled thereto should
he strictly followed. This was not done
in the registration in question. Besides
no one is legally authorized to register
voters except justices Of the Peace and
and other persons duly appointed and
qualified as provided by statute for hat
purpose. While the statute provides for
tlling q vacancy OccasiOned by death OF
resignation of the Registry Agent, there
is no provision for the registration OF
voters III case of any other disability OF
the Agent. By Section II of the Regis
try Law. the fact that the name Of the
person offering to vote Appeals in tho
check list and copy of the official Regis
ter furnished the inspectors by the regu-
lar Registry Agent, is prima tacie evi-
dence of such PERSONS right to vote. The
Tnsparrors hava no rioht to raf1sa "a 70.
ceiye his vote, czcept uuou his failure Il
nrove his identify =. the ner,on who WA.
reristnrad in ,h,t name when roaIlirrl +,
do 50 md the nrovilon Of said ~.ctior
"Tbav mr.. only ministerial officers +,
, sIrb q case and have ~, di.rretion Inn
ta ohav tho Isw and racoiva tho vote,
+. lCoo1nv,s const Linn t1-. WooIcot IS
UoIcomb o. Mich 80
Undc the above facts and ,irrum
. stances we are of the opinion that tn.