Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-08-10

For cases OF this character, no other
remedy could be adequate and reason
and justice dictate the restraining ct
snch a TRIAL by writ of prohibition
(Bruner vs. Superior Court, 90 Cal. 267:
People VS. Spears, Utah, 1861
Are the sections of the ACT re-
lating to elections. under which the
proceeding was instituted, uncons-i-
tutional?
1t is urged by counsel for petitioners
that they are in several particulars.
and the following specifications are
made wherein the organic act of the
state is declared to be violated: The
subject of the sections in question
is not mentioned in the title Of the
Act, has no proper connection with
the subject that is mentioned. select
ions,' but, upon the contrary, is foc-
eign thereto. in violation of Art "
Sec. II. That the proceeding, in re-
atty, being prosecution criminal in
its nature, can only be prosecuted n
the name of and by the authority Of
the State and the authorization of a
prosecution in the name of an indi-
vidual is violative of Article VI, Sec.
10. That the authorizing of such
proceeding otherwise than upon pre-
sentiment or Indictment of grand
jury is violative of Article l, Sec. s.
That the provisions requiring a sum-
mary proceeding. deprives the accused
of the right of trial by jury in violation
of Article ]. Sec. 8.
/ All of the constitutional questions
I specified have been very ably present
/ ed by counsel, but l shall only discuss
the first mentioned for / deem it clear
~ decisive of the case, making it I'M
necessary to pass upon the other in
Eteresting questions submitted The
purpose of Section II Of Article w OF
the State Constitution, which provides
that Each law enacted by the legis-
lature shall embrace but one subjec+,
and matter properly connected there
with. which subject shall be briefly
expressed in the title" etc. has been
SO frequently considered by this Courv
and SO we'll settled that it would ac-
c0mplish no useful purpose to enter
upon a further discussion of matter
so thoroughly covered by former opi1
ions As was said in the case of State
VS. Stone "a Nevada 316, "that com
p1iance with this provision of the con
stitution is essential to the validity OF
every law enacted by the legislature,
has been so often decided by this
court that it is not worth while to cite
the cases.
The subject of the Act in question
is elections" Its purpose and object
lis the orderly electing Of public offici
ais by the qualified voters of the State
THE trial of. an officer after he has
been so elected, for malfeasance in
office, his removal, and the appoint
ment of his successor, because of such
removal, has no proper connection
whatever with the subject of elections
But counsel for respondent says:
i"Sections SO and 60 are no more in
congruous' to the title of the Act thar
sections 80 to 81, inclusive and they
have been the settled law of this state
for many years" Sections 50 to 81
inclusive, relate to contests for mem
Tiers of the Legislature A compari
son OF sections SO to 81. inclusive, will
sections 81 to 81, inclusive, of the Ac
lin question, only serves to show more
CLEARLY the distinction between wha
matters have proper connection will
the general subject of the Act, an
what have not. 1t is manifest tina
the purpose of an election contest i
to determine who has been legal,
;elected in case of controversy. Suci
, contest necessarily relates to the cleo
ion. It's ultimate object is to deter
mine which OF the cuntesting partie
has been duly elected. While it ma,
result in determination that the perso
holding Office has not been electe'
thereto, and should ne ousted there
from anG that the contestent, or pei
son for whom the contest is 1nstltt
/. ted. invested with the office. sucl
louster UPON the one hand and 1nves'
IRE upon the other is based primarli
upon the true result Of the election
Probably in Tire great majority Q
p eases the malfeasance in office. llk
the malfeasancCe charged against pet
ltioners. has not even the remotes
relationship TO the election of tn
officer. If the Office is an electiv
one. the election at which the Aoffice
became entitled to hold the Office.
thing of the past before the ma
feasance is commitred. An officer al
pointed to fill a vacancy existing i