Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-10-12

in the matter Of the Writ of Prohibition
asked fer on behalf Of the Silver
Party.
The attorneys ii the case 'fgured
on the time required by law to serve
all the papers and get a return and
trial of the case and the least it
could possibly in time, under the law,
would carry the case up to Nov. 9Th
and then there would be but two days
left footprint and distribute the ballots
While the printing and distributing
could be handled in that time in Storey
Werhoe and Ormsby counties it could
rot be accomplished in the Eastern
and southern counties and it womb
practically disfranchise them When this
phase Of the case was considered the
plaintiffs decided TO withdraw their
application and leave the issue to the
voters Of the State which is the last
and highest tribunal to which an ap-
peal can be made. The people Of Ne
vada love fair play and when the
entire facts are presented as they viii
be before election day to every voter
the force Of public opinion will fail
where it belongs.
The Court met at 2:30 to hear the
further presentation Of the case.
CHIEF JUSTICE BELKNAP: M.
Boyd, how long do you think it vii
take you to serve this writ?
Mr.. Boyd: May it please the Court:
was very much surprised when we
came to consider the matter Of time,
to find that it will take at least ten
days before we could get service W.
On some Of the persons that ought
to be served in this matter. and the
question then presented itself to my
mind whether the interests Of those
electors who have been nominated by
the Silver Convention and are herr
complaining are superior to the rights
of the whole public Of the State of
Nevada and to their rights to exercise
the elective franchise.
There is no question as TO their
rights to this writ in my mind, and
| think that from the aua tEritics
that have been cited to your Honors
and the authorities that you hav5
found yourselves that these persons
are entitled to Writ Of Prohibition
against the Secretary Of State anC
against each Of the County Clerks Of
the State restraining the from using
the names CT the Silver party after
the names Of Beck, Mccormack anC
Mccullough and after the name o
Reinhold Sadler. They are not enti
tied to use that name; they don't rep
resent the Silver Party; they wec;
not nominated by the Silver Part,
Convention or any Convention req
resenting the Silver Party Of Neva0;
and as the petition now on file ale
GEES They were nominated by per
sons dissatisfied with the actions @
the Silver Party Convention at Win
nemucca and the SO called convention
uplu ny tllCIII dto El ColNSu w u ~
one NJ. 5. Bonnified, as Chairman Q
that Convention, and who signed tn
certificates fled by the Secretary c
State in which the said McCOrmac
and Mccullough are claimed to b
the nominees Of the said COnventiO
for Presidential Electors was con
posed of members dissatisfied with tn
action of the regular Silver COnvei
ton of the State of Nevada. M.
BonDifeld, the person signing ri
name in that certificate as Chairma
of the pretended convention was
candidate for the Craftsmanship c
the regular convention and therefor
recognized that the Convention i
which he first sought admission We
the regular Convention of the Silvf
Party Of the State of Nevada. II
with others, becoming dissatisfied wit
Convention, and for reasons be-
known to themselves, sought a. Co
vention of their own, and thesyhe
a Convention of their own, nominatir
certain persons and going so far ;
to put up Presidential electors ar
the persons so nominated by that Co
yenGion were certified o"by the Sc
rotary OF this State to be PRESIDENT
electors. and they are d1iLamnetrical
opposed, to; the. Silver Party, pTincipl
LA arat ,n,tedpeed Nv that Convent,
to support Populist nominees for Pre-
{. ident and. Vice President.
1T 1'0'a { Z. -. = IL il M
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