The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1922-10-14
MOTION FOR NEW
TRIAL IS REFUSED
Judge Taber Stands Pat and Re-
fuses Granting Order for New
Hearing In District Court
of Contest Case

Judge E. ]. L. Taber, the district
judge of Elko, who served as
special judge, at the request of
Judge ]. A. Callahan, in the trial
of the contest cases filed by H.
Warren and Mrs. Georgia Ruther-
ford, protesting the nominations of
District Attorney Wilson and Coun-
ty Treasurer Mrs. Cora Hoenstine,
by the Democratic voters of the
county, at the last and recent
primary, is in town today, having
come down from Elko yesterday
for the express purpose of render
ing findings in the cases and to
listen to arguments of counsel for
District Attorney Wilson advocat-
ing that an order be issued granting
that new trial be given in the
cause of the contest filed to defeat
the nomination of District Attorney
Wilson.
The special judge gave the closest
of attention to the pleadings of
counsel, but refused to grant an
order for a new trial and the only
recourse now left to counsel for
District Attorney Wilson is to take
an appeal to the supreme court of
the state and steps in that direction
ora paxu ha;p. @oIan
Counsel representing the district
attorney are quite confident that
the decision of Judge Taber will
not be upheld by the members of
the supreme court and they cite
other cases of a similar nature to
lend confirmation to their opinions.
In Lyon county, for instance, a
trial has just closed, in which a
candidate for nomination for justice
of the peace at the last primary
contested the nomination of his
successful opponent and submitted
to the court his evidence. Along with
other evidence submitted to the
court, requiring a special ruling by
the judge, number of ballots,
marked by the voters with a lead
pencil to indicate choice of candi-
dates, were introduced, and the
district judge of Lyon county held
that such ballots were void and
could not be counted for or against
any candidate.
Judge Taber, in ruling upon such
ballots, in both of the contest cases
filed by Democratic candidates in
this county, held that the penciled
ballots clearly expressed the will
of the voters and that the latter
should not be disfranchised merely
because the court could, if he SO
saw fit, rule that such ballots were
not legal because they had not been
marked with a rubber stamp, pro-
vided by the state, instead of with
lead pencil, which the voter had
gratuitously and of his own volition
used to indicate his personal choice.
Judge Taber took the position that
technicalities should not defeat the
will of the voter.
Meanwhile, the time approaches
for the printing of the ballots and
County Clerk Davey is "all at sea-"
as to whose name should go on the
general election ballots. With a
view to ascertaining whose name
should be transmitted to the state
printer, as the Democratic nominee
for district attorney of Humboldt
county, Clerk Davey entered into
communication with the states at
torney Generals office, and from
Deputy Attorney General Richards
he received the opinion that the
name of the man whom the district
judge ruled was the nominee should
go on the ballot. The deputy at
tonrey generals opinion points out
that district judge has greater
power than a board of county COM
missioners and he says: "a certif-
cate of nomination authorized by a
district court prevails over one is
sued by a board of county COM
nissioners."
The court order prevails "unless
ONE other order be issued or ac-
Ion taken," Richards holds; and
his doesn't get Clerk Davey en-
.irely out of the woods, because
counsel for District Attorney Will
'on are going to appeal the case
to the supreme court, and that most
certainly, will be "other action
taken." -