The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1923-02-22
WARREN LOSES IN
ANOTHER LAW STEP
Supreme Court Decides Aginst Him
in Motion to Vacate Former
Decision; Matter Still is
Before Court, However

The decision of the Nevada su-
preme court in the matter of the
petition of II. Warren for the su-
preme court to vacate former de-
cision declaring l.. G. Wilson the
duly elected district attorney of
Humboldt county, was received this
morning by J. w. Dignan, Warren's
partner in this city, and denies
Warren's motion. Mr.. Warren is
now in San Francisco recovering
from the effects of minor surgical
operation, but his partner, Mr..
Dignan, commented upon the deci-
sion this morning in the followin
language:
The supreme court has made
final disposition of the appeal of
Wilson in the Wilson cleo
tion contest. Warren has cross
appeal pending which is yet to be
disposed of by the court.
Three written opinions appear
in the records in this cause. There
is also one oral opinion, making
four opinions in all, which should
quite effectually dispose of all of
the question of law and all ques-
tions of fact in most any cause.
But counsel for Warren still have
some doubts, which do not arise
entirely in our minds, or by reason
of biased Inauguration. We read
these opinions separately, then to-
gether. We are then little puz-
zled. In the original written opin-
ion, on the merits, the court says:
I'VE are now brought to a con-
sideration of the evidence, and may
with propriety say that prior to the
argument upon the merits a motion
was made by respondent for an
order for a diminution of the re-
cord in the case so as to bring to
our attention certain ballots claimed
to have been introduced in evidence
upon the trial, but which are not
referred to in the bill of exceptions
settled by the trial court and certi-
fled up pursuant to said bill of ex-
ceptions. The court declined tc
make an order, and declines to con-
slider these ballots, for the reason
that the rule relative to the making
of an order for a diminution of the
record contemplates a bringing up
of a part of the record as made in
the lower court, which through
oversight has not been brought up.
1t does not contemplate the bring
ing up of evidence not embodied in
a bill of exceptions. While it is to
be regretted that portion of the
evidence is not before us, that is
a matter over which we have no
control"
In the final opinion denying the
motion to vacate the judgment, the
court says:
"The facts in the instant case
are not in question. The entire
evidence consists of ballots cast
at the primary election, which are
before us, hence there can be no
dispute as to the evidence"
In the original written opinion
the supreme court says, that it Is
compelled to, and does, dispose of
the issues in the cause without an
opportunity to consider all the evil
dence. In the written opinion on
the motion to vacate the judgment,
the same court says; all the evi-
dence was before US when we de-
termined this cause, upon its merits
We are just reminded of little
pleasantly once INDUCED by the
Honorable President Justice Frank
Kerrigan of the Appellate Court
of the State of California, on an
occasion when opposing counsel in
that court argued strenuously in
support of contrary poslcinns. His
Honor said: "Gentlemen: You
remind me of little story of the
man who met strange dog on the
street. AS the dog approached he
displayed his teeth in the most
savage manner, as he advanced to
a position very close to the man, he
.wagged his tail in the most friendly
manner. The man stopped, puzzled
and said to himself; which end shall
/ believe? No answer came"