The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1923-01-11
ELECTION CONTEST
IS MORE INVOLVED
Question Now Arises, Who Is to Re-
ceive Pay As District Attorney
While Holder of Office
Is Still in Doubt

Day by day in every way the
question of who's who in the cleo
ton contest to decide who shall be
Humboldt county's district attorney
during the next four years, District
Attorney L. G. Wilson or H. War
ren, who both claim to have been
legally and morally elected to the
place, is becoming more and more
involved, and if many more phases
of the situation are brought out the
lawyers themselves will be unable to
straighten oue the tangle, or list de-
velopments in their proper sequence,
but We'll take a flier at the latter.
First Wilson was declared elected
by the county commissioners, then
Warren brought a contest suit and
was declared the winner by Judge
Taber. Wilson appealed to the su-
preme court and was by that body
declared to be legally elected dis
trict attorney. Then Warren filed a
petition in the supreme court ask
ing for a rehearing of Wilson's ap-
peal, which rehearing was denied;
Warren filed an appeal in the su-
preme court declaring that Judge
Taber erred when he declared War
rem to be elected, which appeal has
not been acted upon, and later War
ren filed a motion to vacate the de-
cision of the supreme court which
declared Wilson the winner, which is
also pending.
1t is said that Warren has a very
good chance of getting before the
supreme court on one or the other
of his contentious, but whether he
will be permitted to present his case
on its merits, which he claims he
has not had proper opportunity to
do and which the supreme court
declares he has, will be a matter for
the supreme court to decide. J. W.
Dignan, Warren's law partner, de-
clares that, regardless of the out
come of the issues before the su-
preme court, they have by no means
exhausted their bag of tricks and
the case will be fought to the bitter
end, with hint that the people may
be appealed to if Warren does not
get what he believes to be justice
The determining of who shall be
district attorney of Humboldt county
apparently lies, to great extent,
upon the question of whether pen
cil-marked ballots may be counted
in primary elections.
But now the question develops an
other phase, which has to do with
the monthly stipend of the district
attorney. Due to the involved con-
dition of the suit, who is to be paid
the monthly salary pending final de-
cision of the matter-Wilson, War
rem or nobody? Courts have re-
peatedly held, it is said, that if a
man is legally elected and kept out
of the office by litigation he is en-
titled to full compensation for the
full term of office to which he was
elected. This means that if War
, rem should finally be declared the
winner, say next year some time, he
would have a valid claim against
the county for the full amount of
the district attorneys salary from
January l, 1928, until paid, pro-
viding that time did not extend be-
yond the four-year. period for which
he was elected, if he was elected.
If Wilson is paid the act can prob
ably be held illegal if Warren is de-
clared elected, for in such an event
Wilson would not be a lawful off
Ger of the county.
If Wilson is paid and Warren de-
clared elected, who is responsible
for the illegal payment of salary to
Wilson? 1t is said that the matter
is up to County Recorder Frank
German, an innocent bystander
upon who mthe duty devolves to draw
warrants for payement of county
officers salaries. If he pays Will
son, and Wilson is declared elected,
is Germain responsible for the IL
legal payments, and if he is can he
and his bondsmen be sued for the
sum so paid?