Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-10-11

&uIhCTltV IN Jaw and is in fraud of
the rights OF your petitioners and Of
re rights of the said Silver Party
Of the State CT Nevada. and is false
and misleading and will deceive the
electors in voting for the said named
parties under the belief that tf1ey
represent the Silver Party OF the STATE
Of Nevada. That in so certifying to
the various County Clerks as ho~ein-
before Il entiCned the said w G
Douglass exceeded his authority and
power as such Secretary Of State I'm.
der the laws Of the State Of Neva,la.
and that unless prohibited bv this
court by its Writ cf Prohibition, the
said named County Clerks will pro-
coed to a,a1 Will print the said named
parties On the ballots to be voted by
the electors Of this StatSas nominees
OF the Silver Party of the State CT
NeTa a and THAT the said various
County Clerks in printing or attempt
,ls TO print the names Of the sall
Eo.Ged parties herein mentioned as the
i luinees Of the Silver Party and
Stalwart Silver Party Will exceed the
adtncr,ty conferred upon them by law
and Will place names upon the baliots
Il persons not nominated by conven-
tlun representing a poIlticLl party
VI any party except the personal nom
inees f the individuals dissenting from
the regular Silver Convention held at
E. IN m@cca On the 22d and 23rd days
Of August, 1904, and presided over by
Sam p. Davis. And that IN so printing
or attempting 10 print the said names
upon the said ballots your petitioners
herein will be oppressed and acgrievei
and will suffer great and irrcparable
loss injury ana damage by reason f
the electors Of the State Of Nl.1.ia
voting for the said ]. NJ Mccormack.
J. B. Mccullough and H P Beck and
D.e said Eeinhold Sadler under the oe-
lief that they and each OF them were
terminated by and represent tne Sill
YER Party and its principles
That your petitioners have no pan
speedy CT adequate remedy in the
ordinary coursc Of law and they make
ana file this their petition and appf-
cation for the purpose Of procuring
out Of this court to the said W. c.
Douglass, w. H. Brown, H. c. Jepsen,
a. G. Dawley, J. II. Miller. J. T. Dunn,
T. c. Malloy, ]. A. Nesbitt, D. ".
Me.arI,ey, VIM. Enger, H. B. Van
EItten, J. \. COnbOie. ". A. Fogg. D.
5. Dickers0n and j. H Hoesh, and t.
each i them. 10 prohibit and restrain
them and each Of them from printing
or causing to be printed on the ballots
to be used by the electors Of the
State OF Nevada at the general election
10 be held III said State of Nevada
in November. 1901. the names of J.
NJ Mccormack, J. B. Mccullough, IL.
p. Beck and the said Reinhold Sadle:.
as the nominees OF the silver Party
and to quash and annul the action
of the said Secretary OF State in CO.
tifying the names Of J. NJ. Mccormack,
J. B. Mccullough. II. p. Beck and
ReinhOld Sadler to the said County
Clerks TO be the nominees of the said
Silver Party Of the State Of Nevada.
That copy Of all the papers refer
red to in this petition and application
are hereto attached and made a part
hereof and marked Exhibit A"
WHEREFORE, !Tur petitioners
pray for the issuance Ct a Peremptory
Writ of Prohibition restraining the
persons herein complained of from
using the name OF the Silver Party Oh
causing the names Of j. NJ. McCor
mack, j. B. Mccullough, and Fl. P
Peck and ReinhoId Sadler to appear
} on the ballots used by the voters Of
the State of Nevada at the gene"a
election to be held On the Sth day o
NOV eLLbGr, 1904. as the Silver r1:'N
, nominees, or otherwise. or At AL Il:
5 representing the said Silver Parry
| or in using the names of the Silve
' Party; and to quash and annul the az
, ton of the Secretary Of State of III
, State of Nevada in certifying the nam
: es of ]. M. Mccormack. ]. B. Nc
Cullough, and H. p. Beck to be tn
= Silver Party nominees for Presidential
j electors, and the said Reinhold Sadie
Y to be the Silver Party nominee TO
= Congress to the various County Clerk
g uI the State of Nevada as hereintotGr
d named and for such other and turtle
j. relief as they may be entitled to, an
I, your petitioners will ever pray.
a BENZ. CURLER
=, JAMES T. BOYD
;. Attorneys for Petitioner