Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1899-04-14
MCMILLAN ". sApI.EH.
just what was Decided by the SUI
pTrIne Court.

pT"mr Court.
Wednesdays decision WIS TO have
been on the Mcmillan demurrer I,
Sgdlci's nHswer. What the cour
/ handed d rwn WAS Il memor mdum III
pencil with their rcasuns left ut.
Tie substance II this recorI 81 ii
decision 81 stripped "i it legal phra e
olu.! is rs follows:
The tirst groun | of the demurrer
Obi c:esl tn ) Idlcr's answer for tie
reason hat said answer stated no
case Whatever. TIIS Is grounl nat
lawyers put III all demurIcrs. go ",
are told. aud il WIS over ruled. s.
Sadler won that point. The t
two objections Were, that SRdler, II
the strict legal sense uf the Il rm had
not prUperl, sworn 10 his answer
Tuis point McMIll ms attorneys on
the argu nent that. though 1t WAS not
rs it should he. courts had hell that
Il aas 4 sufficient swearing. IL Is
= I 4lfal II AAlt lAt Aipl ~ - va lG " a
that this prUuLd Is U~yeI-rulCd auu
Sadler wins il. The next ground Is
on OF the only i"D really important
points to he decided III the case and
= known Us the Reno vote. 1t Wa
understood and agreed bv the court
and counsel on both sides that this
question, whether the Reno vote
should be counted or not should he
determined before The final trial and
the bulk u! tile arguments Tor two
day, WAS devoted 10 it. The court
says hat Ibis gro III ia wee ruled
for the present and that it will finally
,ictermuc 1t after hearing the evi.
ieuCe.
The mex; objection is lie other Wit.
al point 10 the case, called the Storey
county vote. This the court says is
Sustain "a and is d victory for McMiL.
Ian's attorneys +.
Then cOTurs Il point raised 10y the
ms @ that 300 votes were i'll .sally
register ii 10y Ju lge Linn (LiDn was
si:k nId hail somebody do the work
for hiuIj Ic MILAN GAINS that the,
were regis er ii IL d IesIl man her.
This the court says - over.ruleI for
the present.
The next objections arc that Sadlcr
should have gwen the ma ines 81 the
y"lers Ill Churchill, Douglass and Ly
nn who he claims we e not cntiIle to
vote un account of nou-rrsrdenry.
IOn citizenship. etc. This the court
says is not necessary gnd the pptnt ID
owe! III ed.
NrXI, Sadler claimed that q large
number o! ballots should bc ;hroxn
out III many and various precincts
because OF the irregularities, such MS
the Judge failing ru sign the return,
fhl NJ I" use aud return check lists,
Officials falling To pust rcslstry no.
tees and notices ~ election, { lure To
add ~ and certify tally sheets. and
numerous other "bjrci ions SGT up IN
two or three Specification These
McMillhu's attorneys hel | did not
prevent ii fair election. and Tie court
sustained Ill objections to these ir-
reGularitics.
Finally Sndler's attorney insisted
thai out III COrt,z ir sccrcy 81 tie
ballot was violate I because the booths
we . not 50 pnceI. sore N d aud
guarded rs The law required. Tho
conrt says III the memoir uIa hat lie
point is no. well taken aud Mem llau's
ground or demurrer - III taurcd.
That Ii what was passrd Ipun and
'over.iuled Tor the present MS nearly
the News cau get ut it. McMhlnu's
arlorucNs yesterday filed a pc,i'iou
requesting a resubuiRsi n Of ,he
"icno' points as they are iumiliarly
known and asking II decision ~ the
law iuVOIved.-Carson News.