Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1899-09-30

the opinion that they we're not tempered
| with and that the result OF the election
| could not thereby have been affected.
In summing up, the opinion declares that
| G,0lS ballots were cast for both parties
| to which no objections we're made. vi
these the Relator received 1919 and the
Respondent 3,O39. OF the ballots object
| ed 10 on the ground Of identifying and
distinguishing marks the court rejected
| 1876 Sadler ballots to which Mcmillan
attorneys objected. One hundred and
| nineteen Mcmillan ballots were rejected
| by the court upon objections taken by
Respoudeut. The court then makes the
following estimate
As there were $50 ballots originally
returned and counted for Ssdler. and as
the court rejected l35 of them Ssdlers
legal vote is now estimated at 3,435.
Mcmillan having originally received
| 3.54S votes, and as ll9 OF these were
rejected, his total legal vote the court
| declares to be 1929, leaving a net gain
for the Relator Of 9 votes and a net gain
for the Respondent Of IL votes.
At this point the court discusses the
different markings upon the ballots set
ting out in detail those identifying and
distinguishing marks which in it's opin.
ION would or would not invalidste the
ballot.
10 the consideration Of the red line
ballots from Storey county the court de-
clsres that q new question has been
raised. The court is Of the opinion that
50 Of the so-called red line ballots cast
for Mcmillan are invalid on account OF
the mark which distinguishes them /; and
for the further reason that as there were
200 good and unmarked ballots returned
to the canvsssing board after the cleo
ton was over there was no necessity for
the distribution, in Gold Hill precinct of
the ballots so marked. The court holds
that the law only authorizes the writing
or printing Of the name of q candidate
upon an already prepared ballot when
the candidate has been substituted for
the name OF a nominee who has resigned.
In the present instance the court was Of
the opinion that under the law providing
for a new election after proper af6davits
had been made the difficulty in reference
TO Msguire's name appearing upon the
ballot after he had resigned could easily
have been avoided. The red lines upon
some Of the ballots and not upon all Of
them destroyed the uniformity Of the
ballot and for this reason violated both
the spirit and the letter OF the law.
After some words OF congratulatory
comment upon the fact that not the
slightest intimstion Of bribery or fraud
had been made by any Of the counsel for
either side. the opinion concludes as fol-
lows
1.-THE court finds from the evidence
that Reinhold Ssdler, the Respondent.
received at said election for the office Of
Governor OF the State of Nevada, 3.446
legal votes and no more /; that William
Mcmillan, the Relstor, received at said
election for the said Office 1888 votes
and no more, and as conclusions OF law
the court finds that said Reinhold Sadler
was duly elected to said Office for the
term OF four years from the first Monday
in January. A. D. 1899, and is now enti-
tied thereto and that he is entitled to q
Judgment to that effect and judgment
against said William Mcmillan, the Res
rondent, for his costs expended in this
proceeding. Judgment is ordered TO be
entered accordingly"