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

such case upon the application Of the
defeated candidate for such Office, set
ting forth. under oath, that he has rea-
son to believe and does believe that a
or mistakes have occurred on
the part of the inspector of any el-
ection in any election precinct or pre-
cinct in said county sufficient to
change the result Of such election SO
far as said office is concerned, It
shall, then the duty of said Board
of County Commissioners to immedi-
ately proceed to recount the ballots
for said Office of any or all the pre-
cincts in said county wherein any mis-
take or mistakes are alleged to have
occurred and shall continue such
count from day to day, Sundays ex-
cepted), until the votes of all the ell
ection precincts wherein any such
mistake of mistakes are alleged to
haveoccurreds shall have been counted.
and when said count is completed
the certificate Of election to the party
entitled thereto, as determined by,
their said count, but they shall in no
case be allowed to throw out any bal
lot upon any alleged legal defect, if
from the face of such ballot it can,
upon inspection. be ascertained for
whom the elector intended to cast
his ballot; and provided further, that
nothing herein contained shall pre-
vent either party to said proceeding
to contest the right to said Office in
the courts. in the manner now pre-
scribed by law. AS amended Stats.
1877, SO, 1879, 118.
On a proper Interpretation of GER
tain parts of this section, the rights
Of the parties to this proceeding de-
pend.
Some obscurity and perhaps contra.
diction in the terms in which the sta.
tute is expressed exists.
In the first part of this section II
is said provided. that when the cleo
ton shall be for legislators """s""s'
- the District Judge or Judges shall
canvass and declare the election re
turns for such legislators """"""""~-
- This far it would seem that the
County Commissioners are given nc
authority to canvass or declare the
election returns for legislators, thai
duty being by the law cast on the Dis
trict Judge or Judges.
| Further on, however in this section
the language Of the statute assumed
that the Board of County Commission
ers have the power to canvass and de
clare election returns for legislators
the language is as follows: land pro
vided further, that when said Boart
of County Commissioners shall hav,
canvassed the vote for legislators I"
49," and it shall appear from sucl
canvass that any legislator '*s'"''
voted for at such election has recei
we'd a majority of ten votes or less
in such case, upon the application O
the defeated candidate for such OF
fee """'*"' it shall then be tn
duty of the said Board of County Com
missioners to Immediately proceed t
*s**s**""s". All parties in this prt
ceeding have assumed, as the statut
itself assumes that the Board q
County Commissioners had the RICH
to make the canvass and returns, tina
it. in fact, did make AS the rights {
all concerned in this proceeding d.
, pend upon the correctness of said al
sumption, we shall pro hoe vice max
the same assumption and proceeded t
consider the contention of couns,
herein.
: II we correctly understand couns,
for respondent it is admitted by hi
) that the petitioner once had a rigl
to recount the ballots, the MAORI,
2 against him being only three, b,
= that through delay in asserting
I the right was lost. The contention
+ a. that after the Board had on Il
l. 18th of November, 1902, met, ca
I vassed and declared the votes Al
Y made it's order on its clerk to ISIS,
8 certificate to Mr.. Soucherau al
adjourned. then the members there,
n Continued en- Srd page.