The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-10-30

ynase Knowie. moved to disnia-
h- grounds on which the motion 70 +
dismiss the amended writ wcre made
werc:- First. tina said writ .. not CON-
second. that here IL no asnhosity for
sncndin an order ut shc court.
The motion VA. Immediately overr''issi.
Mr.. Campbell then insisted ON the
courts personal Disqualification To .it al.
CO 4 said Il at tbs decision would hc sim
in regard tO the ~reiator, and binds no
b ~ who i: not a party TAI the proceed ng.
that the vote he counted for J. }. Mchat-
ton. il ID elementary that the juslgrnsn,
ruled the motion. As tn the ground that
ten days must intervene between the time
OF order and time OF answer, the court al
50 decided against tine defendants. As Ia
the ground that there are other siiniiar
actions now pending. the court said that
the bringing of actions hy different ~
Are you now prrpare ! to show cause ?"
I'VE now file ~ demurrer" said Mr..
Campbell.
The, grounds Of the icmirrr were az
/. Said writ ~ ambiguous and unintcl-
liRIblc in the following points:
l. IL doves not clearly state what elec-
count.
=. II docs not state. what office the RI
lltOr WAS a. ralltIlGl.lte Tor.
8. IL dos.s not state by what authority
the election was held.
=. II c%,snpels the board tn count the
vote. for officers not recognized by law.
8. That the rs,lator has a remedy in his
individual capacity and has the. means of
emi1rr,nI i,s ,naiv,d,in ,;. rights without
~. The writ doesnt state. facts suf-
fci mt to make u reply tai.
Judge Knowles sad that the election
held October 1 was authorized 10y con-
grcss only on the question of voting oi
the constitution. The election was ordcr..d
10y the constitutional convention. The
election WAS not held III pursuance. OF an
act of congrt.ss, hut in pursuance of IL
statute passed 10y the constitutional CON
vention. The court ruled that the CONSTR
tutional convention had acted by q grant
of power given u by ~s."Igrs'.-. fnM..
election tor all state officer: Ju',"'
knowl = took an exception. The Judge
scmbly" instead OF "iceisiativc assembly"
i'm the writ, clat,oin~ that ~" plirase ''ps'n-
era assembly" belongs only tn the pres
general assembly has no existence i'm law.
and that the term is th~ercfors, ambiguous.
rhc defendants claimed the right Ia have
everything set clearly before them, before
the salient facts are that votes for the n.
should b. counted.
The whole demurrer was overruled.
Warren Iooie then asked for ths. issu-
aIIce Of a. ~psrcInptory mandate. ThOmp-
sonC Campbell t~hercupon filed this answer
to the mantinUn'S:
SNOW can o he above named VIM. w.
Jack and w. r.. Hall, IA ni..J"r.'y a.. -...,.
board of ~canvnssers and for answer to
ah.s ai.arn;ttTe WIT. az n't.na.'e !" III"
/. That the clerk of this board OF county
commissioners or the county clerk Of the.
turns or what purpor,.si to bc tbs. returns
from voting precinct No. "a i'm Silver Bow
county, is 3 :. M; h H.; TO- for the election ION 81 0rsoh sr
mail duly scaled and addressed To him the
sstai CLERK.
III. They deny that when said returns or
what purforted tai In said returns from,
said voting precincts were opened, they
were found to be regular AS i'm substantial
compliance with the requirements OF tls
law.
Al. They deny that said r.turu~ con.
sions or name Of ths. candidates voted
votes received by each candiiate. OK
pressed AT full length, set forth by the
persons ar officers rss,uired tn do $40 b,
law. ar that what purported % he q return
were returns OF said votes a, all. The.
deny that said returns were duly ~ccrtiflet
tn by the Judges and clerks who held sale
Nv. They deny that said taily-shcct
alternative wri, OF mandate in the atov,
! proceeding, were upon proper blanks.
!, ". They deny that from an inspection
: of said returns il could la easily asrc'
: tanned the number of votes east or ia
: whom east.
= VI. They deny that 10y reason OF sal,
|. board refusing to count or canvass Tia
: said pretended returns said rs.lator viii
br d~efrautlesl i'm his election tn the office a
q district judge, as in said writ described. q
that he has not n plain, speedy and AIDE
. uuate remedy al law.
= And for "a further answer la said alterr
ative writ of maudatc, respondents ~
forth:
I That at voting precinct - there wcr
la votes cast; that what ~p,Irportssl Ia o.
the returns from said voting Irs.cins
n showed upon their facs, that they were nt
q made out by the clerks of said election q
u said precinct: that they wer,. not ~certifie
I to by said clerks and their signatures "a
tested Ia by tile said Judges oi election.
% the names of the persons yotin
at said precinct ws.rs. not written down a
the poil-books of said precinct by sai
J. clerk that the tally list of votes as coun
Il eel by the Judges of election ut said pr
cinct were not made or kept 10y said clerk
y That the clerks in mo way participate
" in the canvass of the votes ar i'm nnakit
x out the returns of votes east thers.at.
81 Respondents further set forth:
n what purrorted to he the returns
the votes of precinct "a were not tin. r
al turns of the votes cast ut said precinct:
n And for u further answer responder
al set forth:
:. That they were. intrusted by law wi
"a the duty of determining what were. the q
If turns of the. vote. in said precinct; that