The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-06-20
BOTKIN VS.. MAGINNIs.

We are In receipt Of the printed brief pre-
ssuted TO Congress by Alex. G. Botkin In his
contested case against Martin Maginnis for
seat q Delegate from Montana In the pres
ent Congress, and although somewhat late
In the day, with no prospect whatever that
the House will act favorably upon 1t, We
present here, % . matter Of record, some Of
the points made.
Aftsr citing sec. $40, chap. 81, Of the Laws
Of Montana, requiring county commissioners
10 establish precincts ut the regular session
next preceding . general election, 1t Is shown
that at special session in Custer county
precincts were established at Government
Saw Mil, Wooley's Ranch, Mssselshell,
Birney Postofice and Milton Postofiice; also
at special session In Missoula county pre-
cincts were established at O'Keefs's, Thomp.
son and Thompson River. These precincts
had no legal existence.
In Miles City 1,2l4 votes were returned.
Mr.. Whitney and Mr.. Van Vlisrden, for six
years preceding residents Of Miles, testified
the entire population at the time of election
did not exceed 1000, men, women aud chill
dren; Mr.. Bryan, chairman Of the Board Of
County Commissioners, said less than 800;
Mr.. Burchard, Postmaster, said 1900. Mr..
Bullsrd, County Commissioner, thought the
number Of qualified voters could not exceed
300. The school vote in Aug, 1882, "unu-
sually large" was 462; In April, 1888, when
rs women voted, and every effort was made
TO get out full vote, 1t was 500. Soldiers,
from Fort Keosh, In defiance Of law, voted
In considerable numbers. Sheriff Irvine
could recognize only four or FIVE names as
residents Of Miles City or Custer county, In
spoil box No. 2" containing 420 names; aud
other prominent witnesses could recognize
only from five TO fifty. Mr.. Stillwell testi-
fed that on the night preceding election he
saw 400 fictitious names written In the book
subsequently, returned at spoil Book No. g"
and that 400 tickets with the name of Martin
Aaglnnis for Delegate to Congress were con-
cealed In said book, and on election day
those ballots were emptied into the ballot
box, counted, canvasssd and returned.
At "WooleyI Ranch, Mussslshsll," 113
votes were returned and cAnvassed, although
no votes were cast there, and the returns
were wholly manufactured. 1t was testified
BY the best citizens there was no such town,
village or settlement In Custer county. The
Same was true of the precinct known as Lit
tie Porcupine.
At Glendive $40 votes were returned, and
the election there is pronounced "a farce
and . fraud in about equal proportions"
In Missoula county 1t 10 In evidence that
very few Of the voters In the three precincts
named were In Montana for the required
time preceding the election, having come up
with the railroad work from Idaho and
Washington. There were 951 votes cast at
Thompson, Thompson River, and Horse
Plains-nearly all for Maginnis-very few
Of which were cast by qualified voters. The
contestant summarizes his case as follows:
"The following list of precincts that, 1t is
submitted. should be excluded from the
count, includes only those that had no legal
existence, having been established In direct
violation Of law, and those that are clearly
shown by the testimony TO be so tainted with
fraud that II Is impossible TO separate the
legal votes from the illegal: