The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-11-01

mere UcutRut lbAtt hlHe staEt va
bow county were. received I'm Helena and
"a receipt given for them. This is consid-
erred equivalent to AN official acceptance
of the returns,
Butte, Oct. 3i.-Thcre was "a buzz of
excitement i'm the court room this MORN
ing as the time approached for the decis-
ion in the McHatton ease. Court opened
promptly at 9:aO o'clock, and business
was commenced 10y Mr.. Campbell asking
that the case of Courtney and the legisla-
tive candidates he taken up to-day after
the courts decision upon tho McHatton
mandamtis case.
Judge Dcwolfc i'm preparing tai read his
lengthy decision explained that owing to
the very short time which had been al
lowed to prepare this opinion upon this
very important case il would necessarily
M somewhat imperfect i'm diction and i'm
literary form il might require. some slight
alterations. He then proceeded to
livery the court room was densely pack
cd with expectant listeners. Silence WAS
painful during the learned Judges re-
marks until he came tn the point where he
read the famous opinion OF j Judge Knowles
upon the duties of ~canvassing boards.
The rid~iculousness of Judge Knowles po-
sition i'm pleading AN republican counsel
dered when he WAS Judge. was very appar-
cnt to the crowd in the court room, and
every face bor' "a broad smile. Judge
""S "s
who failed to- see, any fun in the situation.
immediately after the courts dce.ision
was Thompson Campbell filed
notice Of exception to the ruling. He also
asked that the court be pleased to Tx
bon.ls IN the sa.s Of !r mcmneEs OF the
left for the afternoon session for arRu-
ment.
triss. the ,srrii"sS d M"n;an". in and for the
The t-rr,,Sry Of Montana. e>. rel. ). }. Me
H A. : "; M.ll S.,nri ~ !, :ast; w; =; .u Han and
oriNIoN ~ THE COURT.
Til. %rrlaior. III. McIiat,en. in his affidavit
landis. aiieEes. in snbstancs, that % the sl.s,ion
ns!s lie ' ss. t : snSsI,s 3. the be. s sss s %ss q 81 " district
jnige Of the ssc"n! judicial district, and re-
: :s:s;s '' !: : Ssssnsn.s e. a ~ :Ss:::
east al ps,s.inct ., in said county; that. at the
dldaie. that, 4 the Votes east a. said prs.inc. -
fnK Ssn ,s.iI,.. f ST,, ,hs s ,H. Sr,rs ;, 81 a AS Ts,a saas s.
the voices east M said precinct - were duly re,
fsssa they refused L. s ~ the Ire s.s'ns. and make
s"% ,isr."f. and unless shs SAME are counted
a aeisa ass'r' iar ', .sia a %assF' u N. a fs1a.ar T iaas r..
tai which he claims to have been elected. the
csoIsrel the canvassinE board Il, count the votes
cast for the rriator nj the precinct named, ar Ia
After s1.ne prsi,minary mo.icns rs to the form p,
the court o"srr%ied. sw" 81 the nacmSers OF the
i~sard-.iack and Haii-nIrd AN answer, in which
i ins an ma ABSTRACT "ai u tie Vote east si': at said prerinss.
The o,n.r member OF the S;s,rdmi irvine also r.
WILLINGNESS and desire Ia count the vote ~ said
6y il,s refusal Of his colleagues 10 Join with linn
Tie question presented for the decision o, the
court Is the suiiicitncy ar insuficiency 81 the
81 sia sSs S Ssas% IN IN ' r"Ises,n aar the iSS!'" sa: Si o sSe s asa'I rrsy
cinct.
The ca,,s.s assigned in the answer may be
First !. They deny that the reiator received ~
votes AT precinct ~, and his opponent only three
second Deny tina, the returns from said pre-.
Third .ipeny that the, returns were regular,
Deny, that the returns contained tn.
proper tally sheets. Or names Of sandid:ies vo.s,l
didate. az fun length, set forth as required by
or that the returns were certified as required by
.~Finh-Dcny, tina, the returns were Oh proper
Skill Deny, that il could he easily asccrtained
from the returns, the number of votes and fol-
whom east.
seV.ntn-Deny, that the rclator will be- de
ths n.s.rd 10 conn, IN. x3t. Of said precinct;
tive defense in ref.sing :. count, the yn,e Of said
s.a Sssa already ) .i Ss 4. but IL aaaii,sn !. !. aiss
Fhatt& WI ttkSk NIhNt WV ~ he-t ak Ilt
cinct -. and that the returns ami names of til,
voters were not written down by the clerks al
election, and the certificates tn the returns AN,
the attestation Of the judges WAS not In conform
iy with law.
The answer then continues as follows:
"That they ,tlic cauNassing board were In
trusted by law with the duty Of d,tcrminin;
wi.tt wcr. the returns al the votes from sal,
precinct 81: that in performing this duty the,
examined what purpoitst Ia he the returns from
said precinct. and what were presented t. then
as such returns, and determined that they wer,
not tine returns of the votes al said precinct"
Then follows some allegations in regard Il
some aitidaviis obtained by the board, which 1
IL not deemed necessary. for reasons hrreaifte
mentiorsed. tn consider in this decision.
here shown. Il II necessary, in the first place. q
. consider and determine the jurisdiction and pow
crs of the canvassing board, and whether thci
/ functions were ministerial only, ar partly minis
1 terial and partly Judicial. II ministerial only
: the court can compel them 10y mandamus tn pet
form the duties required uf them by law where
as. IL they act in "a Judicial. or In "A quasi judici,
: capacity y, while the court may 10y this procs.sslin
r compel them to act, Il cannot take from tn. IN TN
judicial functions.
The powers and duties to he performed by tn,
{ board, AS also the persons comprising Il, are de
fined by section ass. of the 9Th division of Tia
revised statutes. and is as follows:
. AFTER the fifteen day after the close of an
election held under the provisions of this chapter
chairman II the board of county commissioner
board. shall, taking to his assistance the prol,at
II fudge Al "A i,,Sttep az th. usssr,.. and any nfha