Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-02-22

CONTEST
A FULL TEXT OF TIE RULINGS
ON DEMURRER

The following is the full text OF the
decision handed down in the case of
Mcmillan vs.. Sadler 10 relation to the
demurrers ~interposed by Sadler's at
tOrneys.
With reference to the Respondents
Demurrer to, and motion to strike out
certain portions of the complaint, it
may properly be said at this time, that
in a proceeding instituted by a quo
w~arrantO, - or a proceeding in the ma
ture thereof, to contest the right of a
person declared elected to an Office,
whatever may be the rule at common
law As to the proper scope of the judi
cial Investigation, the Courts may be
governed in that respect by the pro-
visions of the statute, if any there be.
relating to the cOntestirg of such
right, and the rules prescribed by stat
ute concerning elections.
Among the grounds alleged by the
Relator for his contest of the right Of
the Respondent to the Office of Gov
ernOr, he alleges that the County Com
m~issioners of Humboldt county, acting
in disregard Of the statute, appointed
all the Inspectors of election in all the
precincts of said county from the same
! political party, tQ-wit; From the Sill
! YER party: also that said Commission
ers acting in disregard of the provis-
ions of the statute, appointed the
clerks of election for all the precincts
in said comfy, except Winnemucca
precinct, from the Silver party: and
that the entire vote of said county
should have been. and now should be
rejected and excluded from the count
and canvass of votes for the office of
Governor.
He also alleges that the Board Of
County Commissioners of Lander
county, disregarding the provisionssof
the law applicable to such case, ap-
pointed all the inspectors and clerks
OF election in the first and second wards
of Austin precinct, and for Reese River
precinct in said county, from the same
political party, the Silver party.
1t is alleged as ground for such con-
test, hat at Paradise precinct in Hum
bOldt county. the inspectors permitted
the electors and bystanders at said
election in said precint, to gather in
crowds, and to solicit votes for various
candidates within one hundred feet of
the polling place, and Immediately at
the polling place. and IN the room
where said election was being held, and
Immediately about the voting booths.
so as to destroy the secrecy Of the bal
lot, and to deprive electors of an OPP
portunity OF preparing and making
their ballots in secret as provided by
law.
Like allegations are made as to Ken
said inspectors and electors at the poll
ing place, by and with their mutual
consent, gave to and received from each
other, Intoxicating, spurious, and malt
liquors and drank atthe said election and
Ut said polling place, until they be-
came intoxicated, and that said inspec-
tor permitted the electors and by
ISLANDERS to commit assaults upon each
other, and to engage in riOtous and
dlSOrderly conduct so as to deter cleo
tors from voting for the persons for
| W h,1, : hoI Yi-hDl -, vote. : l. - I,, ~
said inspectors engaged in partisan con
~trOversies with said electors. and
threatened to commit assaults upOn
some of them in a manner calculated
to deter, and which did deter them
from voting for the persons and candi-
dates for whom they desired to vote.
The said conduct and acts. of said
officers and electors and b~ystanders,
are grounds alleged why the vote of
said several precincts should have been
and now should be, rejected and ex-
Office Of Governor.
Allegations substantially the same as
the above. relative to the conduct Of
the inspectors and electors of Paradise
and Kennedy precincts. are made con
ce.ning the conduct Of the inspectors
and electors o. White River precinct in
Nye county, wherefore it is alleged
that the entire vote of said precinct
should have been, and now should be,
rejected and excluded from the count
of votes for said Office of Governor.
To all of the foregoing allegations of
the complaint, said demurrer and no
ton to strike out, are directed.
If any of said officers or electors or
bystanders, by the commission of any
of said acts, interfered with the officers
holding such election, or with voters
lawfully exercising their rights of vot-
ing at such election, or the canvass of
the votes to be fairly and lawfully con
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