Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1889-05-08

abliDg act provides that this elec-
tion for delegates shall be conducted
and returns made, tue result ascer-
ta!ned, and the certificates TO persons
elected Issued, in the same manner az
is prescribed by the laws of said terri.
tories regulating elections therein for
delegates to congress; and the number
Of votes cast for delegates In each pre-
cinct shall also be returned"
There would seem to be no question
but this election should be carried on
under the provisions Of the general
election law Of the Territory. (Chap. SO
Fifth Div. c. l., lsS7), as provided
therein for the election OF delegate tn
Congress. This procedure, so far as the
delegate election Is concerned, up to the
close of the polls, is so clearly set forth
in the Statue that comment or direc-
tion would seem to be superfluous; after
the polls are closed, the votes should
be counted and the poll BOOKS prepared
and forwarded by the Judge Of election
In each voting precinct, as provided In
sections l02S and 1881 OF said chapter.
These poll books from the several
precincts are, under the statute. the pre-
cinct returns, and the returns Of each
precinct, irrespective of the delegate
district to which said precinct has been
apportioned, must be sent to the clerk
of the board Of county commissioners
OF the county in which said precinct is
situated.
"After the 18th day after the close Of
any election. or sooner II returns of all
precincts In the county shall be re-
ceived, the chairman Of the board
of county commissioners, or In bis
absence. any other member Of the
board shall, taking to his assistance
the probate judge or justice Of the
peace, and one other officer of the
county, or any county officer, proceed
to open the returns and make abstracts
of the votes" Section l033.
This abstract In each county should
show the number OF votes cast for
each candidate In each precinct sepsr-
ately, and also the number of votes
cast for each delegate In each precinct.
This must be done by precincts so that
the canvdssing board may be able to
determine the elected delegates In each
delegate district.
After this abe tract is made II becomes
the duty of the clerk Of the board OF
county commissioners tn Immediately
make a copy of the same and forward
10 by registered letter to the territorial
auditor at the seat OF government
(Section lO34) and II shall be the duty
Of the U. 8. marshal and the treasurer
Of the territory, to proceed within
thirty days after the election, and
sooner II the abstracts or returns from
oil the counties are received, to oan-
vass the votes. and after this canvass
ing board, acting under section 1924,
shall have determined the names Of
the delegates elected. the governor and
secretary Of the territory. in accord
ance with the provisions Of this sam'
section, are authorized aud directed u
issue the certificates of election.
II therefore appears that neither th'
Judges of election In the several pre-
cincts, nor the county commissioners
or county board, have anything to d.
with determining or declaring wha
delegates have been elected, but thei
duty is purely to -make returns, sn'
the duty Of determining and declarin'
what delegates have been elected Is b,
this statute plairly imposed upon thu
canvassing board st the seat Of gov
ernment, as above indicated. Thi'
: method seems to me TO be very plair
} and simple, and confusion should no
arise.
The fact that the delegate distric,
is made up OF voting precincts located
In different counties makes no differ
ence in the method Of canvassing thu
votes, and II the requirements OF tn
: enabling ast. relative to the returns o
the votes from each district, are com
plied with, this oanvassing board vii
. iind no difficulty in making the can
: ysss and 10 determining what dele
gates are elected In each delegate di,
tricts, because list Of the precincts
on file with the secretary Of the terri
! tory, and subject 10 their investigs
ton, and the abstracts returned |
them will contain statement Of a
votes cast for each delegate, In enc
separate voting precinot.
4. "Are all laws regarding the col
duct of elections which were In for,
at the November election, 'ss In for,
now, and do they apply In every =
speJt to this election, and are the
any other or later laws which also .
. plys"
Z 1t my opinion that all laws rsgar'
Q ing the conduct Of elections Whit
n were in force at the November el-
2 tLon, ,ss, are In force now end th