The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1923-02-01
CLAIMS SALARY
OF DISTRICT ATTORNEY
CONTINUED from Page One)

district attorney, for the reason
that Wilson holds a certificate of
election, and that it is his belief
that if events prove that Wilson
has illegally received pay for SER
vices as district attorney then any
action for recovery of such money
by the county would have to be
directed against Wilson alone. 1t
was Germans opinion that neither
he nor his bondsmen could be held
responsible, because of the fact
that Wilson holds the certificate of
election. He did say, however, that
it was his belief that the election
contest would be settled before a
salary check became due, and that
if it wasn't the payment could be
held up for a short time pending the
final settlement of the case.
The election contest is now be-
fore the supreme court on two mo-
tions by Warren, one to vacate the
former decision of the supreme
court that Wilson was elected, and
the other on an appeal from the dis
trict court decis ion stating that
Warren was legally elected. The
whole matter seems to hinge on the
question of whether or not pencil
marked ballots nay be counted in
a primary election, Warren pointing
to the fact that the law says that
all ballots must be counted when
the intent of the voter is clear"
His opponents rely upon the general
election statute wherein it is de-
clared that only ballots marked by
a stamp provided shall be counted.
District Judge Taber held that the
to the different elections, and that
in primary election pencil-marked
ballots may be counted. The SUI
preme court took the opposite view,
declaring that the general election
law covers primary elections, in
spite of the clause that ballots
shall be counted when the intent
of the voter is clear" 1t was upon
this decision of the supreme court
that the certificate of election given
to Wilson by the county commits
sioners, declaring him to have been
elected, was decided to be valid
and he is now acting in the capacity
of district attorney.
AS the matter now stands Will
son and his attorneys, j. A. Lang
with and Campbell & Robins, have
until February to submit a brief
to the supreme court in reply to
Warren's motion to vacate the de-
cision of the supreme court de-
claring Wilson to be elected. War
rem is represented by Warren &
Dignan and McCarran & Mash
burn of Reno. After February S,
Warren has until February 10 to
file reply brief, and then the su-
preme court must pass upon the,
motion to vacate the decision within
80 days. Thereafter Warren still
has his appeal from the decision of
the district court to fall back upon
as means of re-opening the case
in the supreme court, in case he is
unsuccessful on his motion to va
cate, he claiming that ne has not
had proper opportunity to present
his case to the supreme court, which
court, likewise, claims that his OPP
portunity was adequate.
Warren claims that an injustice
has been done and a miscarriage of
law has been accomplished, and that
he will fight the case for the bal
ance of his life, if necessary, in
order to secure justice that he be-
lieves is due to him.
His communication to Recorder
Frank German yesterday is as
follows:
ITO Frank German, County
Auditor:
"You will please take notice that,
the undersigned, H. Warren, claims
that he was duly elected District At
torney of the County of Humboldt,
State of Nevada, at the General
State and County Election held in
November 1922, and that the under
signed is now legally entitled to the
possession of said office and legally
entitled to receive the salary due
and owing to the holder of said
office, commencing with the LIST day
of January, 1923. That the under
signed hereby claims the right to
receive said salary and will enforce
payment of the same against said
Humboldt County as soon as the
right to the present possession of
said office is finally determined.
dated this 31st day of Janu-
airy, 1928.
"H. WARREN"
In an interview Mr.. Warren said