The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1889-12-13

The dispatches IN the 0rcgonian from
Montana, I've say 'dlspasches" for there
is nothing In their manner Of compost
ton to show whether they are associated
Or special, y continue to run on a purely
partiuan basis, prepared to support aad dc.
fend anything done BY the republicans Of
that state In their effort 10 steal a lsglsla-
ture and two United States Senators.
That paper says It's dispatches are It's own
specials" but Il matters not which they
may be, they are utterly unreliable, The
whole muddle "a briefly stated. Al the
late election in that sla,e, on the face Of
the returns the Senate was tie, and the
democrats had majority Of six or seven
In the lower house. The canvasslng board
OF Silver Bow county, majority Of whom
were republicans, saw that throwing out
precine. a, Zone that cast very large ma
iorisy for the democrala,) weuld give the
republicans majority In the lower houss
and thus enable them 10 elect two United
States Senators. This tho republican
member Of The board proceeded to do
without any authority OF law, whatever.
The courts of every state In the Union
have decided, time and again, that can.
vAssing b cards act mlnlsterially and not
iudlcially. A county canvasslng board can
not act itself up as having power to deter
mine whether one or more votes east At any
precinct waA or was not, legal vote.
Their duty isto count the vote as returned
TO them BY the precinct polling oaicsrs.
The judges OF election, In the first instance,
determine who are, and who are not, legal
voters. II. after election, Il be alleged
that illegal votes have been cast, the
candidates for the legislature defeated by
such illegal votes, may kle a eontest be-
fore the legislature which body alone is
the exclusive judge OF the election, quail
l6eatisn, and returns Of It's own members.
But this Silver Bow county returning
board followed In the footsteps of the i'm
famous returning boards OF Louisiana aud
Florida Of 1876 and assumed &c determine
iudicially that all the votes cast In one
precinct were illegal, and this they did
without taking any evidence in the mat
ter at all. The county clerk, by an order
of the circuit court, was restrained from
Issuing certificates to these republican
candidates thus fraudulently returned as
elected, until the court could judiclnlly |
determine whethsr poll "a should be
counted or not. The court, after judicial |
investigation, held that the vote Of poll
"a should be canvassed and counted which |
the county eanvassing board proceeded to |
DO, whereupon the county clerk issued GER
tl6cates Of election to the democratic can
didntes The state canvassing board met
AZ this junctnre and issued certificates of |
election 10 the republican candidates. But
this proceeding was without authority of
law as will fully appear by stating the
facts of the creation of this board. Under
the territorial law county clerks were a.
lone, authorized to issue certificates OF e.
lection 10 members of the legislature.
The new state constitution creates state
returning board to issue certificates TO
members of the Legislature elected under
the authority Of that instrument. BUT
Il must be borne In mind that the late e.
lection in Montana was held under terri
torial authority and hence only county |
clerks could issue legal certificates OF G.
lection to members of the legislature.
The state returning board had no legal ex-
isience al the time thsse members Of the legis-
iature were elected. Hence their certificates
were invalid npon their very face. Some eIiti-
eism has been made against Governor TOole
because be refused to recognize these eerlih-
Gates as valid when the legislature was to meet.
But those who thus eriticise him are no: in an
attitude TO object to the exercise Of an extaor-
dinary power, II such !, be, for by their ap-
proval Of the illegal course Of the Silver Bow
county returning board, they are wholly es-
topped from Objectingto the Governors course
which, to say the least, is the exercise Of ex-
iraordinay power to preveh the eonsumma-
ton Of an Infamous crime against the people
Of his own state. II is meet that he hrsi gov
ernor Of Montana should set the wholesome ex-
amrle Of seeing that the laws are faithfully OK
eeuted. and this he could not do without
crushing out tae conspiracy formed by Sanders
and other republican leaders Of evil odOr ia
that territory. Republican leaders now begin
to feel that ihei- game Is blocked. II now
looks ike the legislature would never be able
10 organize but that the session woah expire
by limitation Of law, in which case the COVER
nor would appoint two United States sena-
t,n.