Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-10-16

The Tunnel Precinct Vote
Rejected - Status of
Affairs.
From Tuesdays Daily.
Sabbath day contemplation OF eleetios
affairs a. represented by the eanvassinI
board did not tend 10 decrease interest II
proceediLss mol allAy the political excite
ment. Sunday discussions wers more OF
the line OF writs Of mAndamus than on Oh,
line OF Holy Writ. aud wherever two or thre,
were gathered together the Thirty .toartl
precinct Of Silver Bew county was NOR,
often mentioned than was the tar countr,
told OF In the writ that proceeded from nc
earthly court. The arguments made Sat
arday night were repeated, perhaps h
ruder form, but not the less earnestly
The result Of the agitation a that whet
the ~canvassine board resumed its work q,
10 O'Clock yesterday morning the attend
| ing crowd wa greater than the satherin,
OF Saturday night. With the exception o
judge Knowles, all the attorneys Tor th,
contestants were present. Allwere doomed
10 disappointment Tor the fret motion was
one tor adjournment until IL o'clock, aud
IL wal carried.
When Chairman Jack called the board te
order at IL o'clock he took time TO address
q few words to the persons present. He
had read in q daily paper, he said. that
threats of violence had been made aad Ae
had heard that one man had said that II
the canvassina board threw out the returns
from the Thirty-fourth precinct there
would be some unwonted ornaments on
the lamp posts. The speaker had lived in
Montana twenty-five years and had never
been hanged, and he did not propose to be
hanged now. Neither did the board pro-
pose to he bulldozed. The board would do
it's whole duty SO far as it knew, without
favor ard without fear OF consequences.
He had heard that County Clerk Booth
had said that he would refuse to issue GER
~tiicates OF election in case any contested
precincts were thrown out.
County Clerk Booth replied that the
statement attributed to him was unau-
thorized and Deputy Clerk Gilligan stated
his conviction that Mr.. Booth had made
no such assertion.
The business OF the session began when
Judge Mcconnell presented affidavits from
John Morrison and w. A. Pr~nnyeook, judges
of election at the Tunnel precinct, No. "a,
stating that the vote of the precinct had
been counted honestly. They were corrob-
GRATED by an affidavit from O'Reagan, the
other Judge, to the same effect, notwith-
standing O'Reagan's affidavit of Satur-
day. Clerk Thomas Keith's affidavit was
read, saying that the returns were made
out by the judges because afiant wal a
poor penman.
Thompson Campbell, Esq, said that he
had in his possession many affidavits to
prove that a large number Of persons had
been denied admission while the count was
in progress and to disprove the statements
that only one man was denied admittance
and he a man under the influence Of liquor.
Judge Mcconnell suggested that, mas
much as the ballot box from the Thirty
fourth precinct was in the room, the board
might count the ballots and the number Of
tickets remaining and compare the total
thus obtained with the n 'mber of official
ballots allotted to the precinct. The COM
parison would settle the question of fraud.
Mr.. Campbell objected strenuously, and
quoted Judge Mcconnell as sayir g that
such action would be improper. No tick
cts had been returned from other precincts;
hence it would have been an easy matter
to obtain the requisite number to make
the showing right in the Thirty-iourth pre-
cinct.
In reply, Judge Mcconnell reiterated his
opinion to the effect that the powers OF the
board were discretionary. All affidavits
should have been consigned to the waste
basket, and only the face OF the returns
considered. The counting of the vote by
the properly constituted authorities made
that count valid, il attested. whether such
count was in secret or in public. The law
as t.. the publicity Of the count was not
mandatory and a secret counting did not
invalidate the election.
1t was not claimed, said Judge Dixon,
that the irregularity OF the method OF
counting had effected the result SO far as
involved the mum ,er OF votes cast.
In response to a question by Chairman
Jack, the attorneys said that they had no
more arguments to make. Thereupona re-
cess OF Is minutes was declared and
the DON was cleared to enable the board
to prepare it's decision. At the enc of the
recess the crowd was again disappointed,
Tor an adjournment until 2 o'clock vas an
nounced.
The Afternoon Session.
. When the board resumed it's session at
2 O'Clock the crowd was even greater than
it had been in the morning hours. As
soon as the doors we're opened there was a
rush for places in the meeting room, and a
great many persons were unable to gain adj
mittance.
Chairman Jack arose with a double
Of legal cap in his hand. and a per.
feet silence ensued. II wish to say" he
began, that I hope there will be no DEM
ing OF this report. The sheriff is in the
room and he will see that order is pre-. |
Every face Was turned to the |
speaker, and supreme quiet reigned as he
read as follows:
1--WE, the undersigned, a majority of the
board OF canvassers o in session in the
City Of Butte, County of Silver Bow, Ter
ritory OF Montana, do hereby override all
the objections made TO Precincts 8 and IA
within the limits of said county, and we do |
hereby sustain the objections on file so far
as Precinct No. "a is concerned, which is
by the majority OF the board OF
canvassers. !
w. M. JACK.
Chairman OF the Canvassing Board.
VIM. E. HALL, One OF the Canvassing Board. |
II object to the rejection OF the returns
precinct No. "a because the acts OF
the board Of canvassers are wholly uulaw-
Iul and without warrant OF law.
CABLE E. IRVINE,
One of the G~anyassing Board"
There was no demonstration. Under.
Sheriff Themes did not intend that there
be-. Chairman Jack had hardly |
seated himself in his chair before Mr..
asked lis that all, Mr.. Jack?"
The chairman responded in the affirmative
and the under.sheriff began to clear the
,oom. Only one person objected. He was
\ man in miners garb. He asked. II want
10 know il I'm going to BIZ ~disfranchised?
what I want to know" An at
5enpt was made to lead him away quietly
out it was not successful until after be had
his disgust that q man born in
Massachusetts had come to Montana to
ose his vote.
Within a few minutes the room was clear.
Then Under-Sheriff Themes passed quickly
rom Chairman Jack to Judge Irvine and
rom the judge to Commissioner Hall, lsav.
ng in the hands Of each two papers, one q
,opy OF q complaint, the other an order
rom Judge DeWolfe. The complaint read