Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-11-02

N THE GREAT CONSPIRACY.
The great conspiracy 70 defeat the win
Of the people o. Montana As oppressed
throu6b the ballot box On Oct, 1885. i
stir It this writing occupying The atten-
, tion Of the district court In this city. ALI
of yesterday was consumed by argument
Of counsel on the issue rs finally Joined,
and 1t was resumed at the night session
which has not adjourned at this writing.
II is improbable that q decision win be-
reached tonight, but whenever it shall
come, 1t would seem from the mass Of
decisions cited to the court by Demo-
cratic counsel that It must be In favor
Of the people and against the conspira-
tors. The writ of mandate as 1t now
stands, technically concerns only the
rights Of j.. Mediation, the Democratic
candidate for district judge. but in q
broad sense 1t concerns all Of the
people OF Montana irrespective Of
party. The decision involves a principle
which will either secure to the humbiest
citizen, whether Democrat OF Republic
cam the right to vote as his conscience
shall dictate and to have that vote
counted, or 1t will rob him OF this sacred
right and make him the political slave
of a ~despotism against which patriotism
will rebel and the tendencyof which will
be to invite anarchy and revolution. It|
is a great principle fraught with public
safety. for without a free vote and a fair
count, popular elections are q farce and
the fabric Of seif-government must be-
dissolved and its priceless blessings live
only in history. These dangers were all
fOreseen by the law and to which may
be attributed tie great mass of law
which has been enacted to avert them,
and to secure to the citizen the sub
stantial fruits of his citizenship. If q
board of ~caayassers has the right to
disfranchise one citizen, it has
the right to disfranchise a thous-
and; il 1t has the right to-
disfranchise Democrats 1t has the right
to disfranchise Republicans, and where
would the doctrine end? According to
the authorities cited by Democratic coun-
sci yesterday such a board has no indic-
ial powers; 1t has no power whatever ex
cept to declare such results as are ap-
parent upon the face Of election returns
According to the laws OF Montana as de-
clared by Justice Wade, and by Judge
Knowles when on the bench, according
to McCreary, the ablest authority of
which courts take c~ognizance, a board OF
canvassers cannot refuse to count the
vote Of an election precinct because Of
Irregularities on the part Of election Of
ficers, but they must in any and every
event count the votes il the returns show
the number Of votes cast and for whom
cast. The organic law Of Montana vests
the judicial powers In certain courts {
specifically named and hence in !
The absence Of any other legal light ,
ID the subject this would preclude I
power In q board of -canvassers or in any {
,ther agency. The wisdom of experience d
the common sense of any man !
'hould teach him that Judicial powers 4
IhOuld not be conferred upon every Tom, /
Dick and Harry, or even upon a William, /,
nut that such powers should be delegated q
nd restricted to such learned, exper- :
enced and well-equipped agents as of g
7hich the experience and wisdom of ages Y
ave approved. Nor should the imma- ii
srial Irregularities Of petty election {
be allowed to disfranchise a iu
.ngle voter even in and by a duly con-
court Of law; and this position
fully supported by the law as presented Al
,sterday. The law never intended that do
70 very provisions which it made to :
sist in securing a free vote and a fair -
unit should be used by the attorneys Of
band of conspirators, headed by a con- WI
ct, to defeat the very and only object r;a
such provisions, as would re- fell
1t should the Tunnel precinct .ai
to be rejected because of such irregu- tal
He
rites as those alleged by Republican an
unset. 1t is avery convenient way to x;
ercome a Democratic majority and on rid
ne other occasion 1t might be made a wa
~ convenient way to overcome a Re- r
blican majority, but 1t is wrong in NOT
.nciple and practice, an outrage upon the
J intelligence and the rights of the hin
'ple and will never be accepted by the Wit
pile Of Montana at the instance Of any viii
'ty. II such were the law, it would Doe
y require a little discretion in the you
'ction of a judge or clerk to put the cit;
itiGal destiny Of Montana in tho handel Tril