Lincoln County record. [volume] (Pioche, Nev.) 1900-1905, 1900-08-17
LEGISLATURE APPOINTMENT.
Curtallment of Storey couniy's Repre-
sentation to be Contested.

Curtallment of Storey couniy's Repre-
sentation to be Contested
The County Commissioners me
this afternoon pursuant to adjourn
ment yesterday to complete the pre-
parations of proclamation for the
general election next November.
The proclamation prepared by the
commissioners with the Act of the
Legislature of 1899 reapportioning
the representation from this county
allowing it only one senator and
four ussemblymen. AS soon as the
proclamation is issued District Attor-
ney Winnia will apply to the State
Supreme court for a writ of man.
damus in compelling the commits
sioners to alter their proclamation to
comply with the old appointment
made on the basis of the national
census of 1890, which allows Storey
county two senators and six as
semblymen.
The ground upon which the writ
ofmandamus is applied for is that
the Act of the Legislature of 1899 is
unconstitutional of and there
forevoid as the constitution of
Nevada specifically provides that
the apportionment of SEN
ators and assemblymen from
the various counties of the
State must be based upon the popu-
lation of such counties at the date of
the last national census preceding
such appointment. AS the appor-
tionment made by the legislature of
1898, for the representation from
Storey county was based upon an
estimate of the population made
from the vote of the county cast for
Governor, at the State election in
1898, the ground that such appor-
tionment is unconstitutional is in
contestible and is safe to forecast that
the State Supreme Court Justices
will so decide.
On the same ground the increase
in the representation from other
counties in the State, based upon the
arbitrary assumption of unconstitu-
tional power by the last Legislature
in making the Appointment on an |
estimate of the population based
upon the vote for Governor at the
last State election, shall be declared
void by the same tribunal. Virginia
Chronicle.
Elko, Lincoln and Washoe coun-
lies fell heir to Storey county's loss.
Washoe bagged the senator and
Elko and Lincoln walked off with
IN assemblyman each. Whether
his was done in accordance with the
the Independent sayeth
not, as it does not wish to set its
opinions above that of the assembled
wisdom Of the State constitution and
t is not for us to say that they vio-
ated their oaths. The people of
storey county, smarting under the
oss of three places for her statemen
0 fill at So per day and mileage
ropose to test the matter in the
supreme court and get back the
'laees a Silver party Legislature
'tole from her. If they succeed,
Ilko county will have to knock
long with three members of the as
emily until 1908. Washoe and
lincoln will also be compelled to
,ide their time.
But seriously Elko, Washoe, and
lincoln counties by their increased
population and wealth are entitled
o greater representation than they
low have in the legislature, but
Vhether they can get it in 1901 is
uestion for the courts to decide.
the matter is of sufficient import
nee to these counties to justify the
of county funds, un- 8
ted effort should be made to sustain |
he law Of 1899. Important legisla-
ion will come before the next legis-
ature and Elko county might need
or increased representation. In :
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