The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-10-31

heen done In q css!tain mannce.she tssdsc
signed for thc clerk. Again the Judges
loched shemsslves in and Ss.ssd ps.cr
vote was This is clearly Illegal,
rs the Law says the cns,nt must hs made i'm
Judge Knowles then read from q de-
cision OF an Illinois Judge whereby the
vote of certain town Was rcjcctssi hs-
the Judges and clerks of election axv,os,-
panying the returUs of the vote when they
there was a certiiicatc with the RETURNS,
but IL was improperly signed. Elcction ~
turns must have as much sauctity thrown
mont. II is contensis-i that the ~canvassinv
hoard has no right o take any aftdavtt as
ton. Nebraska law says that ~canvassing
daSi,s to show ,ia, tis re-;
were not those made out and certified to
by tho clerks and iudge of election. He
cast in "a certain polling place i'm Me-
brs,sks, hut while an the way tn the county
clerks office. the returns were left under
tho seat of ~ buggy on s roadside for sew
eral hours and during that time N great
many names at voters were added Ia the
returns and instead of I'll votes there were
recorded 121. The returns showed clearly
that tlIey were. not legal and proper ~
turns as made by the proper officers and
could not he counted. Such men as rail-
road graders should not he allowed To
come INTO. this country and dictate the
policy of tho respectable people of the
place. IL We cams prevent them from vot-
ing we should sec that their votes
all such characters should bc made to rom
form i'm every particular with the require
mcnts of our laws AS they rxist. The
denuticiaiion at the men who refused to
count the tunnel precinct vote is as high
handed an outrage as over was Witnessed
in thin. country.
The court: ..Iu this Nebraska case
which you s,s'ak of, Judge Knowles, il 1
understand il. the returns were nanipu-
lated and ~tanpsresl with after they had
bsssn made out and scaled by the Judges
AMI clerks of election, and bs.for, they
were handed over to the county clerk:
Then one of the judge who made ont and
hrlucsl count that vote came toward and
said the returns as received by the county
his fellow Judges. There Was no doubt
then as tn fraud having been committed.
The man h made tile. first returns de-
MED the n,t,iriIs when they came before
the canvassing board"
Warren Toole said these nian,lamus
proceedings were independent of amy i'm
v~cstigation of fraud. real or pretended.
This il merely to obtain am opinion at the
count upon the rights of the canva ssing
the opposite counsel rely to win their case
was that the clerks did not certify tn The
returns. Penalties arr, attached :" the tlu-
are amenable to the law for any dcrclic-
ton of duty. But all authorities agree
that amy error. whether intended or not,
ON the, part of an officer of election i'm the
discharge at his duty. shall not invalid;.tc
the election Of any candidate who can be
shown tO have obtained the majority OF
the votes Gust within his constituency.
4 citizen cannos be deprived of his civil
some clerical error i'm the Discharge Of his
duty.
Hers. the court inquired IL the certificate
| Judges and clerks of election. The conn
s&,l produced the certificate which accom-
panied the returns of precinct "a, and IL
Il v.n al hiIitnSI "a. the mn vVlAah IL WnS
explained by Mr.. Campbell that they adj
mitted thai th.. certificate had been
signed by both Judges and clerks of elec-
tion. but, the names wcr, not in the prop
er legal order upon the paper. This
practically WAS "a ~sti.ten.nt OF the repub-
a technical error to throw out the pre-.
cinct. Mr.. Tools then cited n great many
hoard had no power To ~r,,jeT.. any returns
SO long as these returns have bN,eii csrti.
fled to in such ~ way as to make then, i'm
t~elligible. Returns made Ina such ~ clunl.
sy ar rn,iddled way that il is impossible "a
count them, are required To- Tx. made intel
mott. il they ara NOT return. %hem re-
ceivcd th" law requires that they ut once
be made returns:
After "a very lucid presentation of ia.
questions involved, Mr.. Toolc concluded
AS follows: There have been in the
early history 81 this country, and not /,
three cases ont Of the vcXatiou,
proposition of removing county seats.
\ Aptht rs ~ eiierth III tlht t"ottie Oh III
territory of Montana have submitted q
tho will of the people with grace and dig
nifty. They have recognized tine institu
tioIis of orr government tD such an extern
that they have. almost adhered to the. viii
of the peoDls. us the voice of God; ant
few men under any circumstances woult
be willing that any technicality. or an,
frivolous objection of this character
should deprive. IN man OF the sacret
rights of AN American citizen in east
ing his vote under the constitution
for the particular agent who shall repre-.
sent linn in office, and permitting some
outsider to step in and say. that notwith
standing the people of ths. territory desire
that certain men should represent them
that certain men should become tlei
agents i'm the discharge. OF public. duty
yet, from some little i~nforinality in til,
returns that have been made from "a pre-
cinct, they shall bc deprived of that light
We have always learned i'm the history %
our country, that the will OF the pcopi,
was the voice of God; and tile p%olitica
trickster who would put himself agains
the voice of the people i'm the expression %
this sentiment i'm matters of political econ
onny, i'm matters pertaining tn governmental
action would be regarded as unworthy a
the respect of manhood. But what will
You say of individuals who will attcinp
or propose, a~ i'm this case, upon so friv.I
Gus n prctensc, to deprive u man Of hi
vote. You may parcel out his lands, va,
may scatter his inheritance, you may TAX,
| fr..,, hin. liE rif.hs.- ..ru,.- fI.. tnl.