Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-09-21
SADLCR WINS.
The Supreme Court so De-
cides

~Governorship between VIM. Mcmillan
and ReinhOld Sadler. The original
majority of Governor Sadler amounted
to -, but through the decision OF the
Court he makes a gain of Al votes.
The first question handled is the va
lidi.y of the respondents original
objection to the Courts jurisdiction.
The objection to the jurisdiction was
overruled although the Court enter
tanned some doubts as to its propriety.
80 nave dismissed the action the
Court says, would have left the Re-
lator without an adequate remedy, al
though by his complaint he showed he
had i right to said office"
The question Of the ~ppaIn.nen of
clerks and inspectors in Hntnbo.dt and
Lander counties the Court held HAT the
statute governing Sch cases was only
directory, Il Noncompliance with which
WAS not sufficient to reject the vote of the
county or precinct.
The charge of misconduct in Lander
county was overruled from the feet that
respondent did not participate i'll such
ACTS nor were they done with his knewl-
edge. therefor such misconduct did not
inNa!idate the vote cast.
The soldier vote was not counted from
the fact that there were no provisions On
the Statutes for such act and declared
such election void of legal effect.
Regarding the vote in Washoe county
the Court contended thai the Statute was
plain in regard to- the election Of Cnun-
clllnen by the votes of electors of their
respective wards, and therefore the vote
t should be ounted for Mcmillan.
The allegation i'll respondents answer
setting cut that the election in Storey
county was illegal on account OF the
name of +. {. Lord appearing upon the
ballots after he had sent in his resignation
was demurred 10 by respondents attor-
+ neys. The Court sustained the demurrer
and held the election valid on the ground
that no proclamation or writ Of election
as required by the Statute. was necessary
i'll his particular case As no session OF the
Legislature was to take place between
the date Of the occurrence of said va
e cancy and the next general elecsion.
The registration OF Reno precinct was
held to be legal.
Both the relator and the respondent
" alleged illegal Votes on the part of non
, resident voters. The Court, in disposing
of this Issue raised, savs"no evidence has
been produced to sustain such ailega-
4 tons"
The question of ballots not being in
J. proper hands during transmission to
scene of contest was Overvuled by the
ICN,rf - ho;ncr Tho o~;-;,, that th,y I,,I
not been tempered with.
u In the consideration Of the red-line
ballots from Storey county the Court
declares that a new question has been
raised. The Court is of the opinion
that 55 OF the sO-called red line ballots
+ east for Mcmillan are invalid on &C
count of the mark which distiuguishe.
L them: and for the further reason that
! as there We're POO good and unmarked
ballots returned to the c"anvaesing
n board after the election was over there
was no necessity for the distribution il
IN Gold Hill precinct of the ballots st
in marked, The Court holds hat the
le law only authorizes the writing Of
printing of the name of a candidate
upon an already prepared ballot wher
the candidate has been substituted for
the name Of a nominee who has re
of signed. In the present instance the
N Court was OF the opinion that undel
IN the law providing for a new election
&C after proper atfidavits had been made
al the difficulty in reference to Mcguire:
Il name appearing upon the ballot after
nt he had resigned could easily have beer
.fs avoided. The red lines upon some o
the ballots aud not upon all of then
destroyed the uniformity of the bailo'
L. and for this reason violated both the
n spirit and the letter of the law.
Nc The Court fnds from the evidenc,
that Reinhold Sadler, the Respondent
# received at said election for the otfic,
" Of Governor Of the State of Nevada
BAG legal votes and no mOre: that VIM
Mcmillan. the Relator, received at sale
ID election for The laid Office 1888 vote,
K and no more. ana - conclusions of law
.s the Court fluids that said Reinholt
cd Sadler was Gully elected to said offic,
for the term of four years from tn,
za first Monday in January, A. d. 1S9;
and is now entitled thereto and that b
is entitled to a judgment to that eff
feet and Judgment against said VIM
Mcmillan for his costs expended in thi
proceeding. Judgment is ordered t,
be entered acc0rdingly."