The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1922-10-07
JUDGE DECIDES To
I SEAT AND UNsEAT
District Attorney Loses His Place
and County Treasurer Is Held
To Have Been Legally
Nominated By Party

Judge Taber sitting as a special
Judge, at the request of Judge J.
A. Callahan, in the trial of the
contest suits filed by Attorney Harry
Warren and Mrs. Georgia Ruther-
ford, protesting that the nominations
of District Attorney l.. G. Wilson
and County Treasurer Mrs. Cora
Hoenstine, Democratic candidates
who were opposed by Mr.. Warren
and Mrs. Rutherford, had been
granted the announced successful
candidates as the result of mis-
takes and mal-conduct by election
officials and the board of can
vassers, handed down his decision
yesterday afternoon, after counsel
involved in the trial of the cases
had consumed the forenoon in pre-
senting arguments to the court.
That Judge Taber was absolutely
impartial in his findings is made
patent by his disposition of the
matter, his decision unseating Dis
trict Attorney Wilson and confirm
ing the nomination of Mrs. Hoen-
stine. That gallantry had naught to
do with the judges refusal to oust
Mrs. Hoenstine is certainty, as his
ruling in her favor was tantamount
to denial of seat to Mrs. Ruther-
ford-a thing that gallantry for
bids gentleman TO be guilty of
doing.
Judge Taber's careful canvass of
the votes, coupled with the claims
set fourth by counsel for contestants
and contestees, and the testimony
of the witnesses on the stand, re-
suited in his determining that At
torney Harry Warren had received a
total of 361 votes, while District
Attorney Wilson had fallen two
short of the number given to War
rem, hence, he was not justly en-
titled to the nomination, which
had, by count of the ballots, ac-
tually been voted to Warren by the
Democrats Of the county. In the
case of Rutherford VS.. Hoenstine
the count, after all irregularities
had been cast out, showed a tally
of 364 votes for Mrs. Hoenstine.
the present incumbent, while only
357 had been cast for her on
ponent, Mrs. Rutherford, and the
judge held that Mrs. Hoenstine was
the legally nominated Democratic
candidate, which means, as Mrs.
Hoenstine has no opponent in the
general election, that she will serve
in the office of county treasurer
for the ensuing four years, unless
an appeal is taken and the supreme
court should reverse the verdict of
Judge Taber, which is a possibility.
District Attorney Wilson and his
counsel feel quite sure that the
supreme court, when appealed to.
will take a different view regarding
some of the points Of law to that
of Judge Tabef and either remand
the case for another trial or reverse
the verdict and thus sustain the
nomination of Mr.. Wilson.
An event out of the ordinary
court procedure took place yester
day morning with the introduction
OF testimony after counsel had al
most completed all the arguments
in the case. Attorney Hawkins,
who was associated with Attorney
Warren in the case, called the
courts attention to the fact that
w. w. Wells, who officiated as in
spector at the Jungo precinct, was
in the court room and it was quite
possible that Mr.. Wells, if placed on
the witness stand, could impart in
formation relative to the manner
in which the election was conducted