Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1889-11-01

hand and for a further answer tn sait
alternative writ of mandate respond
ents set forth that ut voting precinct
No. "a in Silver Bow county, w. A
Penny cook, William Reagan and John
Morrison were judges Of election and
Thomas O'Keefe and A. NJ. Ander-or
clerks Of election; that there were
more than 100 votes cast at said pre-,
cinct, t1-wit: ia; that what is pur.
ported to be the returns from said vot-
ing precinct showed upon their face
that they were not made out by the
clerks OF said election at said precinct;
that they were not certified to by said
clerks and their signatures attested to
by the said judges of election; that
the names Of the persons voting at
said precinct were not written down
on the poll books of said precinct by
said clerks; that the tally list OF votes,
as counted by the judges Of election at
said precinct, were not made or kept
by said clerks Of election at said pre-.
cinct; that the said clerks In no way
participated In the canvass of the
votes at said precinct, or participated
in making out the returns Of votes cast
there at said election.
Respondents further set forth as an
answer to said writ that what pur.
Lorted to be the returns of the votes
of said precinct No. "a, of said Silver
Bow county, Montana territory, were
not the returns OF the votes cast at said
precinct at said election on the first
day Of October. 1889, and for further
answer TO said alternative writ Of man
date, respondents set forth that they
were entrusted by law with the duty
Of determining what were the returns
of the votes from said precinct No. 81;
that in performing this duty they ex-
amined what purporte1 TO be the re-
turns from said precinct and what
were presented 10 Them as such re-
turns and estimated that they were
not the return Of the votes cast at said
precinct; that upon the face Of said re =
turns it fully appeared that the list OF
persons voting at said precinct were
not written down by the clerks Of said
election precinct, neither were the
names Of the candidates voted for
written down by them, nor were the
votes of each candidate voted for re-
ceiysd written down by them. tnst
said returns were rot certified to by
said clerks Of election Of said precinct.
nor were the signatures of said clerks
s'tested by the judges Of said voting
precinct; that for the purpose of ex.
planning the defects which appeared
upon the face of said returns the said
board OF canva-sers received the aifi-
davit Of one VIM. 0'Reagan, who was
one of the judges Of said election at
said voting precinct from which 1t APP
pearad that said clerks of election for
said precinct 81 did not participate in
the canvass OF the votes at said pre-
cinct and could not know Of the cor
rectness Of said CANVASS; that said
clerks were excluded from taking any
part in said canvass aud from the
room as were all others where said
vote was pretended TO be csnvassed;
that said board, also with view OF
identifying in said returns and ascer-
tanning II what purported to be said
returns were 10 fact the returns Of the
votes of said election precinct and for
no other purpose received the aflidavits
of seven electors, from which 10 ap-
pear.d that they each voted for all Of
the republican candidates on the
official ballot which they each cast at
such precinct; that what purported to
be the returns OF said votes of said pre-
cinct returned only three votes cast
for the republican candidates for state
officers; that said pretended returns
show that more votes were counted
for some members Of the legislative
assembly than the number of votes
cast at said voting precinct; that for
these reasons they determined that
said pretended returns presented to
them as the returns Of voting precinct
No. "a, for said Silver Bow county,
were not the returns Of said precinct,
and refused TO canvass the same;
wherefore defendant board demand
that the said writ be discharged and II
90 hence and for Its costs. Hiram
Knowles and Thompson Campbell,
attorneys for defendant board. The
affidavit of w. e. Hall is appended TO
above answer.
Around the World In Eighty Days.
IL Is sincerely to be regretted that