Daily independent. [volume] (Elko, Nev.) 188?-1915, 1899-09-21

upon the ballots after he had sent in
his resignation, was demurred to by
Relator's attorneys. The court sus-
tanned the demurrer and held that
the election was valid ON the ground
that no proclamation or writ of cleo
ton as required by the statute, was
necessary in this particular case as no
sessionof the legislature was to take
lace between the the date of the &C.
currence Of said vacancy and the next
general election.
The registration in Reno was de.
clared, in the opinion of the court, to
have been legal. There is no provis-
ion in the statutes referring to the ILL
ness OF the registra ton officer where.
by such an emergency may be met.
The court held that the registration
book was prima facie evidence that
the names that appeared thereon
were legally registered. AS the in
spectors of election were only minis
terial officers they had no authority
to go behind the record to judicialIy
enquire into the legality of such reg
istration unless parti cular vote was
challenged at the polls.
Both the Relator and Respondent
alleged illegal votes on the part of
non resident voters. The court in
disposing of this issue raised, says:
"No evidence has been produced to
sustain such allegations"
The court next took up the vital
question Of the errors of the inspect
ors in counting certain ballots con.
tanning identifying or disting uishing
marks. All objection made by both
parties to the introduction of certain
ballots in evidence upon the ground
that they had not been in the proper
custody Of the proper officer, were
overruled by the court, it being the
opinion that they were cot tempered
with and that the result of the elec-
tion could not thereby have been af-
fected. In summing up. the opinion
declares that 6O18 ballots were cast for
both parties to which no objections
we're made. Or these the Relator re-
ceived 2979 and the Respondent 3O39
or the ballots objected to on the
ground Of identifying and distinguish.
ing marks the court rejected 1876 Sad
Ter ballots to which McMillan's at
torneys objected. One hundred and
nineteen Mcmillan ballots were re-
jected by the court upon objections
taken by Respondent. The court
then makes the following estimate:
AS there we're 1910 ballots origin,
ally returned and counted for Sadler
and as the Court rejected 135 OF them
Sadler's legal vote is now estimated
at 3435.
Mcmillan having originally receiv-
ed 3548 votes and as 119 Of these we're
rejected, his total legal vote the
Court declares to be 1929, leaving a
net gain for the Relator Of 8 votes
and net gain for the Respondent of
IL votes.
At this point the Court discusses
the different markings upon the bal.
lots setting out in detail those identi-
flying and distinguishing marks which
in its opinion would or would not in
validate the ballot.
In the consideration OF the red line
ballots from Storey county the Court
declares that new question has
been reised. The Court is of the
opinion that So of the o.called red
line ballots cast for Mcmillan are in.
valid on account of the mark which
distinguishes them; and for the fur
Their reason that as there were 200
good and unmarked ballots returned
to the canvassing board after the
election was over there was no neces-
city for the distribution in Gold Hill
precinct Of the ballots 80 marked.
The Court holds that the law only