The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-11-05
THE CASE.

Yesterday brought the announcement
tina the state returning board has san
vassed the returns for Silver Bow coun-
ty, thrown out n disputed tunnel pre-
cinct, issued certificates to members of
the legislature. m adjourned i'm a hur-
~ to avoid the service of legal papers:
all of which is news of no - for
these reasons:
First. the proper returns from silver
Bow county have never been before the
eanvassing board at Helena. Those re-
turns art very properly held by the
county clerk of silver Bow. pending
important proceedings in court. The
returns for that county. with reference
to "a single officer. McIIatton. might
have been counted two days, if IA mem-
her of the canvassing board had not put
himself i'm contempt by resisting the
mandate of the court.
In the second place. the state return
ing board having no proper returns
from the entire county of Silver Bow
could not discriminate in favor of ar
against any one precinct of that county.
and il had no official knowledge of the
fact that any precinct there was even
80 much as in dispute.
Third; there is no warrant for the as
sumption on the part of the state re-
cunning Nbdi w isN"'
which, according to territorial law. must
come from the county clerk and re-
corder The ordinanc eattached To the
new constitution, even il il he con-
strued AS superior authority to the eN-
listing code, does not vest authority in
the state board either tn declare the re-
suit or issue certificates To members of
the Legislature: "a fact So clear to the
members of the state returning board
tina they took part in IL questionable
transaction yesterday morning and
then hastily adjourned in order To get
out of the reach of legal proceedings
which they We're well aware might
properly follow their lawless action.
1t is "A matter of history that several
gentlemen hurried To Helena with re-
turns that We're submitted Ia the state
returning board: il is also Il matter of
history thai this newspaper promptly
pronounced that hurried trip "a fools
errand and asserted. long before action
at Helena WAS taken. that these alleged
returns Mere worthless and could not
lawfully come under the scrutiny of
the state returning board. bad judg-
ment WIS the motive power that drove
the wheels of the SPECIAL train To Hell
ena. 1t afforded opportunity To IA state
board To take cogn!.ance of returns
that were not legally preSentable, to
issue certificates that must not be per
mitted To stand. 1t served tn confuse
an issue which is as clear AS light. To
make forms of law serve the cause of
conspiracy, To rule the minority in, To
count the people out.
The way out of trouble is for demo
Gratis To admit. first of all, that it was !;
mistake to hustle of To Helena with
half-baked turns Three days ago
the court ordered the Mediation vote
counted. That is no precedent unit
the Mediation vote is actually ounte
Mr.. Hall is the man who delays the
count which the court ordered. Very
well, let Mr. Hall. who is as good AS an,
other citizen and no better. find ou,
whether the court can make him ODE,
its behest. Suppose Air. Hall prove,
himself greater and stronger than tn,
law: then let Us ask the court perempt
orially tn order that the oun be mad,
and tbs certificate properly issued. Thu
ease of Mediation will e be "A prece
dent for the balances of the ticket. vii
the state canvassing board meet again
90 review its actionf If il does, tn
men honestly elected by the people will
lake their seats. II the board refuses
u becomes the duty Of the people U