The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1914-06-27
ASKS ruling OF
SUPREME COURT

In order to secure an early decis
ion il the matter George A. Bart
lett Yesterday fled complaint will
the Supreme Court asking that tribun
al to issue an order against Georg,
Brodigan restraining him from al
recting the county clerks of the sew
eral counties Of the state to call 70,
the election of two judges in thei,
election proclamations; he also peti
tons the court to declare invalid tha,
part of the statute which provides fol
the election Of two judges, declaring
it to be ambiguous and not intended.
In his complaint Mr.. Bartlett state.
in part:
That at the twenty sixth session OF
the legislature Of the state of Nevada
there was enacted and approved an
act entitled:
"An Act to create judicial districts
in the state Of Nevada, provide for
the election Of district judges there.
in, and to fix their salaries, and to re-
peal all othert acts in relation there
to-" Approved March %, 1913.
That by the terms of said last nam
ed act the state of Nevada was di-
yided into ten Judicial districts, and
section ! of said act, after providing
for the division of the counties of
the state Of Nevada into ten judicial
districts and assigning them to their
respective districts, provides as fol.
lows:
"For each of said districts except
the second judicial district there
shall be two judges elected
That no provision at all is made
in said section for any number of
judges for said second judicial dis
triet.
That there 10 an ambiguity and a
conflict between said provisions of
section l just quoted and section 3
and section 4 Of said act.
That the ambiguity and conflict is
apparent, and for the purpose of ex-
planning the same your petitioner
further AYERS that the purpose and
intent Of said act Of March %, 1913,
was to provide one district Judge for
each of the ten judicial districts Of
the state of Nevada except the sec
ond, and to provide two judges for
the second juieiaI district of the
state Of Nevada, and this is clearly
shown by an inspection of the en-
crossed bill introduced and submit
ted at the last legislature wherein il
appears that the following words
were by mistake and inadvertance
dropped from said engrossed bin by
the enrolling committee, towit At
ter the word ssbe" in next to the last
line Of section the words "elected
one Judge. For the second judicial
district there shall be.
That it was not the purpose and in
tent Of said act to provide two judges
for each judicial district in the state
of Nevada, but il was and is the in
tent Of said act to provide that in
each district except the second JUDI.
eial district there shall be elected
one Judge, and for the second judicial
district there shall be two judges
elected.
Your petitioner further AYERS that
on or about the 9th day OF June, 1914,
the respondent as said secretary OF
state did cause to be published under
his hand and transmitte to each OF
the county clerks in the state of Ne
vada notice in writing designating
the Offices for which candidates are to
be nominated at the primary election
TO be held on the lst day of Septem-
Der, 1914. That said notice included
inter ALA the following: Two district
judges for each Judicial district OF the
state Of Nevada, including the second
judicial district of the state OF Ne
vada.
That said respondent Brodigan in
tends to and will receive nomina-
tions and issue nomination eertih-
Gates to two district judges In the
first judicial district of the state OF
Nevada, the third judicial district OF
the state Of Nevada, the seventh ln-
dicial district of the state OF Nevada,
the eighth judicial district OF the
state of Nevada, and the tenth Jndi-
eial district Of the state OF Nevada
and if not restrainea by TINS non
roable Court will so do.
Wherefore, Your petitioner prays
for the issuance of peremptory writ
of prohibition against the prespond-
ent restraining him from receiving
nomination papers for two judges OF
the same party for each district IN
the state Of Nevada kept the sec
ond judicial district for the Septem-
her primary election, and restrain
ing him from receiving the nomina'
tion Of more than one eandiate for
district Judge for each party IN any
OF the judicial districts OF the state
OF Nevada except the second Judicia'
district.
The Supreme Court has set tues. res
day next At 2 p. m. as the time 'oi
hearing the application.