The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1922-10-21
CONTEST CASE UP
TO SUP RENE COURT
Appeal IL Filed In Supreme Court
By District Attorney Wilson
Who Expects Contest Rul-
ing His Favor

L. G.. Campbell, one of the counsel
Iors engaged in safeguarding the in
.erests Of District Attorney Wilson,
against whom a contest was fled
;ome time ago by H. Warren with
the object in view of setting aside
he ruling of the election board of
:anvassers, who found from the
primary election returns that the
yoters had cast majority vote
or the nomination Of l.. G. Wilson
as district attorney, states that
he supreme court has set next
Monday for an oral hearing and
-eview of the decision of Judge
faber, who recently listened to
testimony and argumants in the case
of Warren VS.. Wilson and rendered
verdict sustaining the plaintiff
n his clainf that he had received a
majority vote and was entitled to
he nomination.
Notice of appeal was filed with
Judge Taber and the appeal to the
supreme court was granted by him
asst Thursday night Attorney
campbell leaving Immediately for
Carson City to appear before the
upreme court.
The bill of exceptions to Judge
Faber's ruling embraces, among
'ther points, objections to the
counting Of ballots that had been
marked with lead pencil in lieu of
he regular ballot stamp that is
EXPRESSLY provided for that purpose.
The attorneys for District At
torney Wilson maintain that ballots
20 marked are invalid and should
lot, under any circumstances, be
considered legal. They point out
that in a contest case that was car
ried to the supreme court, in
1898, the supreme court judges, in
canvas of the ballots which were
made an issue of the contest, found
that the markings, made with lead
pencils in those days, were so con-
fusing that it was difficult to do
even-handed justice and, at that
time they recommended that some
uniform method of marking the
ballots be made part of the
statutory laws of the state; and in
:onformance with the suggestion
the session of the legislature which
was held in 1901 took steps to
'emedy matters for the intelligent
marking of election ballots by the
use of rubber stamping device
md it expressly provided that the
stamp must be used in the marking
of a square in the front of the
names Of the candidates who the
voter favored.
In the event that the supreme
court reverses the decision of Judge
Taber and rules that the lead pen
Gil marked ballots are invalid and
ihould not be counted in determin-
ng who was nominated, and in all
other respects uphold the rulings
If Judge Taber, the contest re-
solves itself into a tie vote. But
the counsel for District Attorney
Wilson hold that in case the sup
RENE court throws out the pencil
marked ballots, then the nomination
will be rightfully District Attorney
Wilson's by reason of the findings
of the election board of canvassers,
who supplemented their findings
with a certificate of nomination,
which will not be invalidated by
he contest, inasmuch as Warren's
claim for contest was predicated
upon the contention that he had
received majority of the votes
cast, and the throwing out of the
pencil marked ballots will abso-
utely controvert the claim, leav-
ing Warren without any evidence to
substaiate his claim that he was
given a major number of the votes
of the taxpayers of the county
who cast their ballots and, as a mat
ter of fact, it is said, without
grounds for gaining entry into
,ourt. Along this line a decision
of the supreme court of Cali
fornia is cited as a precedent, in
which the court held that a contest
case waged upon the theory that
the plaintiff had majority, which
vas disproven, left the plaintiff
without redress, even though it was
shown that he had votes correspond
ing in number to those accredited
to the defendant. 1t is anticipated
that the supreme court will render
decision in the matter without a
moments delay, so that if Judge