The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1922-11-21
SUPREME COURT
TELLS Us ABOUT IT
just Why Wilson Was Counted In
and Warren Counted Out is
Plainly Told by the Su-
preme Court In Review

A written opinion in the Hum
boldt county district attorney elec-
tion case, in which an oral opinion
had previously been given, was
handed down by the state supreme
court today and a contention by
L. G. Wilson, appellant, that PEN
cil-marked ballots should be re-
jected was sustained, says the Car
son City Appeal.
Wilson was declared by the court
to be nominated over H. Warren
and since both were Democrats and
there was no Republican candidates,
Wilson was elected.
A history of the legislation which
led to the present election law re-
garding marking of ballots is given
in the opinion and the following
comment is made on the case at
hand:
"But respondent contends that
the entire spirit of the primary and
general election laws, as expressed
in diff sections of the statues
to which out attention is directed,
is that the intention of the voter
must control when that intention
can be ascertained. In a general
way, this is undoubtedly true; but
as all statutes on this subject are
in pari materia, and must be read
together, we must harmonize those
provisions of the law with the pro-
visions requiring the uniform stamp
ing of the ballots by the voters, at
the same time upholding the pro-
visions requiring the voter TO indi-
cate his choice by stamping a cross
opposite the name fthe party for
whom he wishes to vote"
Since the reection of pencil
marked ballots would give Wilson a
majority, the court deemed it nee
essary to pass upon his other con-
tentions that ballots bearing their
stubs and other identifying marks
should not be counted.
/
inches and l was quite bit taller
than Bonofacio." The witness said
that the last time he saw his
brother, alive, was on September
Is, and the next time that he saw
him was when he got out of car
at Alkali canyon and saw the dead
body of Bonofacio lying alongside
the house of Mr.. Stanley. He and
fellow named Jones put the body
in car to bring it to Winnemucca
and before he left the Stanley home
DR.. Kennedy turned over to him a
.30-.30 rifle, carbine, an automatic
pistol and a hat. At the time the
.25-calibre automatic pistol was
given to him it had five shells in
the magazine, but when he turned
it, along with the other articles,
over to Sheriff Brady, who he met
about four or five miles from Sum-
NIT Lake, it only had three shells
in it, as he had fired the automatic
twice, along the road, when the car
got stuck in the mud, to attract the
attention of some Indians off a
ways. The carbine, he said, be-
longed to him and his partner, Tom
Etulain, as they furnished car
bine or rifle to all of their herders.
He stated that Bonofacio was born
in Spain and had been in this coun-
try about two years, and had been
herding sheep for him from the time
of arrival until killed; and did not
speak the English language.
The cross-examination conducted
by Attorney Wylie, Of counsel for
the defense, elected that Joe Yra-
gui was born at Eugue, Spain, and
is of Basque nationality, that he
left Spain in 1910 and came to
Humboldt county, October 15,1915
coming here from White Pine coun-
ty, where he had been engaged in
the sheep business. Asked if he
was a citizen of this country he
said that he had declared his in
tentions and had made application
for his last papers, but had beer
| refused (At the adiournment ri