Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1899-09-22

.SSoiuhiR tuo elecCon OF cOuucllmen
by aud from the votes OF the electors
from their respective wards. but con
tended that ont OF consideration for
the sacred rights OF suffrage and i'll
the interests OF public policy, the
votes above referred to should be
counted for Mcmillan and sustained
the Realtors demurrer.
Tie allegation i'll Respondents an,
swer setting ont that the election in
Storey county was illegal on account
al the name oi L. G. Lord appearing
upon the ballots after he had sem III
his resignation, was demurred TO by
Realtors attorneys. The court sus-
tanned TIE demurrer and held that
the election was valid un the ground
that no proclamation or writ OF cleo.
ton Us required by the statute. WIS
necessary III this particular cas- as no
sessionof the Legislature WIS TO take
lace between the the date OF the DC
currence Of said vacancy and the next
general election.
Tho registration i'll Reno was de.
clared. in the opinion OF the court. to
have been legal. There is no proyis.
ion in the statutes referring to the i'll
mes OF the reyistsa ton officer where.
by such an emergency may be met.
Tie CONT held that the registration
book was prirpa facic evidence that
the names that appeared thereon
were legally registered. AS the iu-
speciors of election were only minis
terial officers they had 40 authority
to go behind the record to i~udicially
enquire into the legality OF such reg
istratiou unless II particular vote Was
challenged ut the polls.
Both the Rclator and Respondent
alleged illegal votes on the part of
o resident voters. The court in
disPosinG Of this issue raised. says:
mo evidence has been produced to
sustain such allegations.
The court next took up the vital
question OF the errors of the inspect
ors III counting certain ballots con,
tanning identifying or distinguishing
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
ovevruled by the court, it being the
hat they were Lot tampcred
with and that the result OF the cleo.
ton could not thereby have been az
In summing up. the opinion
declares that COILS ballots were cast for
both parties to winch no objections
made. Or these the RelatOr re-
1910 and the Respondent 5000
OF the ballots objected to on the
ground OF identifying and distinguish.
marks the court rejected rs Sad
ballots to which McMillan's at
objected. One hundred and
nineteen Mcmillan ballots were re-
10y the court upon objections
10y Respondent. The court
hen makes the following estimate:
As there were 1910 ballots origin.
ally returned and counted for Sadler
and as the Court rejected 49, Of them
Sadlcr's legal vote is now estimated
1T 3i35.
Mcmillan having originally recciv-
ii NiS votes and rs 10 OF these were
rejected, his total legal vote the
Court declares to be 3l2a. leaving a
net gain for the ReIator of o votes
a net gain for the Respondent Of
i votes.
4; this point the Court discusses
he different markings upon the bal.
setting ont in detail those identi-
wing and distinguishing marks which
n its opinion would or would not III.
'alidatc the ballot.
In the consideration OF the red line
ballots from Storey county the Court
declares that a new question has
Deon raiscd. Tho Court ID OF the
opinion that ~ OF the eO.called red !
inc ballots cast for Mcmillan are in.
on account OF the mark which
distinguishes them: and for the fur
her reason that rs there were 200
good and unmarked ballots returned
10 the ~canYassing board after the
was over there was no nccgs-
sjty 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
tho name OF Il candidate upon an al.
ready prepared ballot when the can
didate has been substituted for tho
name Of a nominee who has resigned.
In the present Instance the Cour, was
OF the opinion u,at under tho law
providing for Il new election after
proper nilidayits had been made the
difficulty in reference to Maguirp's
name appearing upon the ballot after
ho had resigned could easily have
been avoided. The red lines upon
Of tbs ballots and not upon all
Of them destroyed tho uniformity Of
the ballot and for this rcason yiolutcd
both the spirit and the letter Of the
law.
After some words Of congratulat.
DRY comment upon the fact TINT not
the slightest iDtima,ion Of bribery or
fraud had been made by any OF The
counsel tor either sii', the opinion