Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1899-06-09
III oovERxonsnIp CASE.
countipr of B.iiot. oeeupIe. tn. nr,t
Day. Many Obj setions onersd

NN NSAA AN ~ IVA z
contest Was called.
NoS that it has been callrd ard is
to be tried on its merits, interest as
to the result Is at fever heat. There
was much hustle ana confusion oe-
fore any tie 'imony was offered in
finding available seating room for
witnesses, reporters aud attorneys,
The taking Of testimony before the
Supreme cnurt nf this State Is rather
u novel and unusual thing and il was
with some difficulty ihnt suitable ar
engagements were finally made.
In al there were nine attorneys
actually present and repre- euted in
the case. Those for MrMilan's in.
terests are Attorneys Coffin. Cheney,
VANDERBILT, Plait, and Smith Of
Ren",w 10 wa entered as oouu eel this
morning. Attorneys WoCdburr,
Wren, Judge and Sadler represent
the respondent il the case.
Mr.. j. \. Ohllndrr OF Belmont was
the first witness called TO testify in
behalf OF the rela:or. Mcmillan Mr..
OhlRuder is the county clerk OF N!e
county and brought with him a whole
trunk full Of ballots carefully sc lied
gad in proper condition for the eI
aminaunu BY the court
1t is evident that there will be a
spirited contest over much OF the
testimony. The question propound-
Ell by Attorney Coffin TO Mr.. Ohland-
or. Have you brought with you any
OF the ballots that were cast at the
last electIU,r:- met with an objection
from the other side. Attorney Wren
cuDtend9d that this Is a quo wurranio
proceeding and not Il strictly social
ell contested election case. that. un-
der section - Of tie election Law the
ballots could not be counted. There
was much controversy upon The point
10y respective counsel, ilcMillau's at
torneys boiling ,ha. this proceeding
in the naiuIe OF 4 quo warranto was
nothing more or less than a contested
election case and that the court had
SO held i'll former ruling.
The court decided that all the evil
deDce Would be admitted under tie
objection aud that the court would
subsequently, rule upon the adnisi-
bility " all the testimony.
Sadler's attorneys also ~lnterposed
the objection that the ballots had nOr
been in tue hands al the proper oil
GERS on the ground that the present
county clerk was d candidate for re
el, IUu.
Upon this objection the court hand
ed down the same ruling.
Ii was stipulated in open court that
the ballots Of the several precincts
be examined by respective counsel;
that all those objected TO be marked
as exhibits Ill the case and that these
objected ballots be finally submitted
to the court for its confederation.
Atter these preliminary arrange.
mrnts the slow and tedious employ
ment OF counting the ballots was be-
gun.
The ~priFcipal objections to the bal.
lots iutrodu :ed a. testimony, viii he
iii the main. based upon identifying
and distinguishing marXs which Lay
happen to show upon them. The
1 4 ttat ral,nn ballet tu,- ,,,..la. Al,
nothing shall be placed upon the bal
lot but Il rross opposite the name OF
the candidate voted for. Tie ballots
submitted this mornmg indicate that
the citizens OF this State have not We,
learned TO observe this simple re
| quirement Of the new law. Upon
many at the ballots rasure5 are
found. iuterliueations are made aud
MARKS that fail to represent in any
particular the plain. Ordinary c,uss.
IL ia for these distinguishing marks
and errors that the attorneys in the
case are carefully watch ng for MS tue
ballots are unfolded before Tn, IN. As
the testimony being submitted at
present is in behalf OF Mcmillan, the
objections Of his attorneys are more
numerous than those Of the respon-
dent.
nnring the course Of the eIamina-
ton Oi the ballots it WAS sugge tied
that matters might he expedited
should the court rule upon the valid
ity OF tue ballots introduced by the
the relator some time before the ter.
mination OF the case. After some
consultation the court decided 10 in.
Sestigatc tie ballots nov being intro
duced by the relntor ut the %conclu.
sion Of the REALTORS case.
~ that time il will he n matter Of
common knowledge just how far Nc
Nillau's efforts toward beng elected
Governor 81 this State shall avail.
AZ noon the court took a recess
nntil 1870 p. IN. Upon ~orconyeping
Mr. Ohltnder wBs again call d up ~
the stand To testify IN behalf oi the
relai"r. lie produced Tor inspection
all the remaining ballots TOR those
precincts in Nye county which had
not been examined during the morn.
ing session.
At2 O'clock the ballots in Nyc
county had all been counted.
UP To that time McMiiiaD's sttof.
neys had objected 10 tore live ballots