The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-10-30

demurrer shuuld Ice sustained, said that the
writ stated that nd an election held in pur-
suancc of an act Of congress certain officers
were 20 be voted for. when AS u matter of
fact, this was done in pursuance of AN
ordinance adopted by the constitutional
convention. and, indeed, his statements
carried 10 their logical conclusion, at one
time c0ntradictng the statements of
his colleague. and NJ another ridiculous 10y
reason of their shalowness and super
ficiality. succeeded in establishing the
falsity of the position taken in support Of
the motion.
As in the case of the motion, the argu.
ments of Knowles in support of the de
murrer were considered undegerving Of
reply by the other side. and the matter was
submitted 90 the court. The demurrer WAS
overruled and inquiry made ms Ia what was
the next step. Neither Campbell nor
Knowles. showing any disposition TO pro-
coed further. Mr.. Toole asked for Judgment
against respondents. they having failed 20
make return to the alternative writ, This
WAS an opportunity which MIR. Campbell
wis 0nxiously awaiting, and realizing the
fact that crowded court room WIS listen
ing, he proceeded TO the clerks desk
saying ns he went I'VE will now
proceed 20 give you that which your heart 10
much yearns for" and proceeded To read
the following answer. constituting the re-
turn to the writ; Nov come the above
named VIM. NJ. Jack and W. +. Hall, n
majority Of the said hoard of canyassers,
and ms such board and for answer to the
alternative writ OF action in the above en-
titled action deny thnt at precinct No -,
Silver Bow county, Montana territory, j. j.
MeHatton received III votes and Levi j.
Hamilton only votes; that the clerk of the
board of county commissioners or the
| M IA M la tr...l
10y mail the returns, or what purported Ia
be the returns front voting precinct No. -,
| IN Silver Bow county, Montana territory.
for ule election of October I, lSSl. oT that
he received said returns 10y mail duly sealed
and addressed to him, the said clerk. They
deny that when said returns, or what pur-
| ported 20 bc said returns from said voting
| precinct were opened, there were found
| tu he regular or IN substance compliance
| with the requirements of law. They deny
| that said returns contained the proper tally
sheets or extensions or names of the cundl-
dates voted for, or n proper return Of the
number of votes received hy each candidate
expressed NJ full length or sci forth hy the
persons or officers required To de- so 10y law,
or that what purported 10 be return of the
votes cast at the precinct No. "a were rc-
turns Of snid votes at all; they dcny that
said returns were certified 10 by the said
by said clerks of election NJ all in any man
ncrs they deny that said tally sheets and re-
| turns or either described in said alternative
| writ of mandate in the above proceedings
wers upon proper blanks; they deny that
! frOif mn inspection of the returns il could
he really uscertained the number of votes
or for whom cast they deny that
10y reason uf said board re-
! fusinc 10 count or canvass the
1 t..l
pred,nct No. "a in said Silver Bow county,
said relator, John j.. Mediation, will be de
fentil Ia his election 10 the Office of district
Judge as in said writ described, OF that he
has not plain, speedy and adequate rem
edy ~ law; and for further answer to said
alternative writ Of mandate respondents
SIT forth, that at voting precinct No "a. in
Silver Bow county, where Penny Cook. John
Morrison and VIM. O'Regnn were Judges of
election and Thos. O'keefe and A. NJ. An
derson clerks of said election. that ther,
were more than one hundred votes cast al
said precinct. TO wit, one hundred and sew.
enty-fonr; that the returns from said pre-
cinct No. 81 Silver Bow county, Montana
territory, were not sent 10 the clerk Of said
county 10y mail as n registered package ol
by mail az all; that what purpOrted Ia b,
the returns from said voting precinct
showed upon their face that they wer,
Of said precnt; that they wer,
not certified by said clerks and their sigma.
tures uticsted 10 10y the said judges Of elcc,
ton. That the names Ofthe 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
10y the judges of election in said precinct
were not made or kept 10y said clerks OF
election ~ snid precinct; that the said
ll9 M I.rI
Of the yotc Of snid precinct, or participated
IN making out the return of votes east ai
said election. Respondents set forth hs Af
answer Ia said writ that what purportcd ~
be the returns of the votes of snid precinct
No. 80 of said Silver Bow county. Montana
territory, were not the returns Of the votes
east at snid precinct nt said election on th,
lst day of October, 1889, and
for further answer 90 said Rlterna.
tive writ of mandate respondents
set forth that they were inirustcd b,
law with the duty of determining what
were the returns of the votes from said pre-.
cinct No. 81; thnt III performing this duty
they examined what perported Co be the re
turns from said precincts, and what were
returned 10 them as such returns and de-
termined TINT they were not the returns of
the votes cast at said precinct that upon
the face of said returns II fully appeared
that the lists of persons voting at said pre-
cinct were not written down by the clerks
of said election, neither were the nnmes OF
the candidates voted for written down by
them, nor were the votes Of each candidate
voted or received written down by them:
that said returns were not certified 10 by
the said clerks Of election Of said precinct;
nor were the signatures of said clerks of
election attested 10y the judges of said vnt-
ing precinct That for the purpose of ex-
planning the defects which appeared
upon the face of said returns the
snid board of cnnvnssers received the
ailidavits Of one VIM. O'Regnn, who
WIS one Of the judges of election nt said
that said clerks Of election for said precinct
~ did not participate IN the canvass of the
votes Of said precinct, and could not know
VI the correctness of said canvass; that said
clerks were excluded from taking any part
~ sad canvass, as were all others, where
snid vote WIS pretended To- be cAuyngsed,
that said board also, with view of identi-
iying said returns and ascertaining if what
puiported 20 be said returns were in fnct
the returns Of the votes Of said election pre-
cinct, and for NO other purpose, received
the ailidaylis Of seven electors, from which
II appeared that they each voted all of the
republican candidates on the official ballot
which they ench cast nj Raid precinct:
that what purpOrted 20 be the returns
oi said votes ~ said precinct returned only
three votes cast for the republican candi-
dates for state Ollicersi TINT said pretended
returns show that more votes were counted
for some Of the members of the legislative
assembly tlau the number of votes cast at
a 4 - ~.