Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-01-20

Plaintiff and Petitioner.
The Board Of County Commissioners
Of Washoe county, G. r. AoIcombe,
T. x. Hymers and George Il. Fra
Defendants and Respondents.
This is an original proceeding In
this Court for q peremptOry writ OF
mandate to the defendants and re-
spOndents above named that they pro-
coed forthwith to recount the ballots
cast in WashOe county on the 4th OF
November last for the Office Of Assem-
blyman so far as said ballots con-
Germ said petitioner. Mr.. John w.
Wright and Mr.. J. S. Soucherau.
The facts as they appear by the
record may be briefly stated as fol-
lows:
An election was held on the 4th OF
November, 1902. in WashOe county.
at which the said Wright and the
said Soucherau were candidates for
the Office of Assemblyman from Was
hoe in the Legislature that will con-
vene at Carson on the 10Th of this
month. On the 18th of November
last, the said defendants and re-
spondents met as Board of Commits
sioners and canvassed the vote of said
county: declared that the said Souch-
erau was duly elected to hold Office
by a majority of three votes, and or
dered the Clerk of the said Board
to make out a certificate of election
and hand the same to him on his de-
mand therefore, On the 18th of last
November, Mr.. Souherau demanded
and received said certificate. On the
18th of last November, Mr.. Wright
filed with the Clerk of the said Board
his demand and affidavit for recount
of the votes cast for himself and also
those cast for Mr. SOucherau.
On the LIST day of December last,
the said Board met, took up the mat
ter of Mr. Wright's demand for a
recount and laid it over until the 5th
day of Decembcr last.
On the I'd Jay Ct December last,
Mr.. Wright fled With the Clerk OF
the said Board another demand and
affidavit for recount OF said votes
On the 5th day of December last
the said Doard denied the demand
or demands for a recount.
The statutory provisions governing
the matter, in Section 2116, of the
compilation of 1900, as follows: 2116
Section 13. The Board Of County
Commissioners shall also act as 9
Board of Canvassers, and declare ell
ectiOn returns, and cause certificate
of election to be given by their clerk:
to any person who shall be elected
to any legislative, county or TOWNSHIP
Office within their county; provided
that when the election shall be hell
for legislators or county cOmissiOn
ers, the District Judge or Judges shall
canvass and declare the election re
turns for such legislators or COmmis
sioners for which purpose all election
returns shall be sealed and delivere'
according to law to the County Clerk
nrd by him opened in the presenc
Of the District Judge or Judges, VIII
shall declare the result as to the lee
islators or County Commissioner
and the Clerk shall give to such pei
sons elected as legislators or Count
Commissioners, certificate of hi
r"ard of Count
Commissioners shall then canvass tn
returns as to other Offices; and, pr,
vided further, that when said Board {
County Commissioners shall have Cal
vassed the vote for legislators. coul
ty and township Offices, and it sha
appear from said canvass that an
legislator, county or township ofhcel
voted for at such election has receive
. majority Of ten votes, or less,