The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1882-11-15
raw OF ELECTIONS.

| The air b fhllof rumoss about SOME
wondes0al things that are to b done
10 reference TO the canvas of the vote
Of The recent election. 1t y whis-
pered that the Territorial Canvassing
Beard, Of which the candidate on the
bead Of the Republican ticket was .
npember, Win throw ost the votes Of
certain localities, and thereby thwart
TIE win Of The people. A loag line Of
decisions on this point h against any
such usurpation Of authority. II
canvassiug boards can receive and
reject such returns - may suit them,
there h, then, no need q the formal
ity OF an election-the board might ~
we'll determine In advance whom,
they prefer without sutjecting the
people to the bother Of going through
the forms VI an election. The law n
absolute that the duties Of CANVASS
Ing boards are administrative and
not judicial.
Another matter OF some local inter-
est h the run,or that one precinct Of
this county will be thrown olt. II
Lsr.room. prattle and street drivel
amount to anything this might oc-
cur; bat, fortunately, the matter In
the hands Of officials who win be
governed by the law and the deci-
sions In similar cases. The law h
that no irregularities, except where
fraud and collusion are shown, can
vitiatc an election. Ifthb were not
20, few designins men In precincts
they are satisfied will give an adverse
vote, could tlisfranchise the entire
voting population Of such precinct.
There are probably not one-half Of
the returns that come In after IN
election that are altogether regular
and In strict Conformity to law. The
I've men picked up In each precinct
10 constitute an election board can
not h. supposed to he learned In the
law and judicial decisions. They do
the best they CON to ascertain, record
and retusn the win u To people
whose suIIrages they are appointedto
receive. The citizens who como b.
fore them and deposit their bal-
lots In gOotl faith are nat to be
deprived III their voice In public
affairs BY any quibbles or political
sulnterfuges. The right Of suffrage
Is . sovereign right. Nothing but
fraud can vitiat, ~ election, and the
only tribunal 70 determine such
question. with safety to popular
rights and the I'erpctuity Of free in
stitution, IL . judicial tribunal. A
eanvassipg board has no such powers.
The tallots are not even sent up to
them. The only power they seem to
have 'and this IL somewhat question
able, h to order . recount wherr
there is . l'alpable error In the r.
turns, II 1t can Ire done within the
time prescribed hy the statute for the
canvas.
The statutes NJ Montana are ex-
ceeslingly iibesal in matters Of elsc-
tios. They declare that, when the
intention VI the voter can 6e astrr-
tanned, the v.,te shall lie counted by
the election hoard. The law does
not prc.unse that each elector shall
be finished scholar and spell each
name correctly with the full given
name and initials. 1t b stated that
some Of the election bCar,ls In this
county threw out certain votes
y there the name WAS misre:letl, t'sst
where the intention Of the voter was
clear. This was . dangerous as-
sc..'ptiou Of authority, calculated to
make the s.rn,s Of election . farrc.
When elections heroine the sport III
n,anirulatoss, the plaything II UNI
principled adventures, then are the
liberties Of the people 1t an end and
the hope of free institutions peri-hc~