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

toNrtn . SAID county, now IN the nAhuB OF
. i'd board, show that atlantis received q
which they were eeverally candidates, that
said returns were certified by the Judges
and clerks Of said election aeeording TO law,
90 that there q beeAsils a~sesftained irem
said returns the vote cast end Tor Wit m
cast.
What your atlantis and petitioners we're
said offices and that they received In the
aggregate NJ said precinct q NAL srity Of
the votes caats that said board Of oaavas.
sere have refused and continue 10 refuse to
count said votes for said etices, although
atlantis have demanded that they should
do so and by such illegal refapai your petl.
tioners and atlantis will probably be de.
heated In their election 10 said offices, that
aaate remedy In the ordinary course oil
law.
Wherefore they pray for an alternative
writ OF mandate commanding said board
Of c~anvassers Immediately after the receipt
OF said writ To count the said votes 81 said
precinct and make such abstract thereof
a. the law requires, OF chow cause before
why they have not done 90"
Judge DE WolieAs writ cited the allega.
tione IN the complaint and concluded.
Wondered, aaiadred and deolered that An
alternative writ OF mandate issue, eom.
manding the said board OF canvassers, i'm.
mediately after the receipt OF said writ, to
] count the said votes oil eaid precinct or
make such abstract ae the law requires, or
TO show cause before the court In the court
heuse IN the city Of Butte, Silver Bow
| County and territory OF Montana, on the
seventh day OF November, 1850, on the
frst day OF the court at the opening there.
ot, Why they have not done So"
The board accepted service OF the pa.
pefs without asking the sheriff to read
them, and tue whole performance, SO far
as service was concerned, was ut an end IN
less than two minutes. Thereafter the
eansaseers signed 6le ahsets showing the
result OF the eleetiun, 80 Far No they had
gone with the canvass, aud the tiresome
work was at An end, until alter November
IL, at least. Five days work, counting
eight hours as q day, were expended IN the
task.
Although there was no manifestation OF
pleasure or displeasure in the rooms OF the
c~anvassins board when the report was
read, there were plenty OF evidenc,s OF feel
ing after the partisans had left the room.
The Democrats were unanimous in the ex-
preston that the majority report would
not be sustained in the courts, and they
felt aggrieved that such a report had been
made. The Republicans tried to be cheer
full in their efforts to convince themselves
| that they had gained d victory, but their
| efforts were not enthusiastic. Inc news oil
the decision spread very rapidly through
the city and was, for the remainder OF the
day and far into the night, the chief and in
| ~ - Vi n q ooo tho only fnpip nT ron variation. Il
The greatest uncertainty seemed to exist
as to what the board would or could
| do in the face OF the order OF the court.
Judge w. W. Dixon enlightened a MINER
reporter in these words: "The board
cannot legally do anything until after the
seventh OF November. Certainly they will
not count the Thirty.fourth precinct; then
they must show cause why they did not
count it. II they cannot show sufficient
cause, they will probably be ordered
peremptorily to canvass the returns from
that precinct and add the figures OF the
| vote to those they have already prepared"
'Can the board issue certificates to the
candidates elected by their decisions"
mo, for Judge Irvine will not agree to
anything of the kind"
sCould not certificates OF election be
issued to those candidates whose ~naiori-
ties are assured without the vote OF the
Tunnel precinct?"
mo, / think not, now that the District
court has taken d hand in the matter. The
entire matter is in statu quo, and nothing
more cor be dom until the court has heard
the reply Of the canvassing boari to his
writ OF mandate"
As to what would be the result in the
District court, Judge Dixon could not say,
because there were few decisions touching
| the points of the case. He spoke conf
IaDkI- l0@nryar and oo ~ no roOrnften |
being compelled to enter into a legal squad
BILE in which the right WAS 80 CLEARLY on the
side of those who opposed the boards de-
cision. ''The case would have come up
sooner il the Judge could take the matter
up in chambers. He may issue the writ OF
mandate in chambers, but must hear it
argued in court. In case either side ap-
peals to the Supreme court there is no
telling when a settlement will be reached"
SLOW does the Supreme court stand,
politicallyP"
Republican"
That the Democratic politicians and at
torneys who have taken al! active interest
in the canvass were not u~n.'repared for just
such a reporter, in other words, that
they expected p~arlisanship to WELD a Ger.
tain influence on the minds OF the Republi-
can members OF the ~bpard-was shown by
the fact that as long ago as last Friday the
lCkiSIhUlN "tiSEO "IlOb oDPC"1 l
in the petition fer %mardamus had
drawn their complaint so as to cover
all possible adverse rulings OF the major
ity. When the case was narrowed down
to the Thirty-fourth precinct the COM
plant a amended to fit the case. This
lore sightedness enabled the attorneys for
the complaiDants to get the writs served
before the board had time to adjourn, and
thus bring the canvass to a close.
H1.n -n&~- -@-I b. tho ~ |
throng in the afternoon, is not the one
upou which Messrs. Jack and Hall agreed
before noon. They / a. prepared d report
setting forth their reasons for the ~cunclu-
sion they reached; but after a consuita-
tion held during the Don hour in the OIL
fee Of Thompson Campbell, Esq, they
made another report, carefully elimi-
mating all reference to their reasons for
action.
The Changes Possible.
The constitution is carried by a vote OF
Aba to 469-a majority SO large that
the board Of canvassers will affect soma
candidates, however, is apparent from a
comparison OF votes given below. The
first figures after the candidates name
show the total without the Thirty-fourth
precinct; the second figures show the total
including the returns from that precinct: i
For the constitution, 3952-4134; =
against it, 467-469. II
Carter r, ~35e6-3569; Maginnis D, 1856 {
3627. L
Power R, ~3444-3447; Toole D, %361O-Ie
37S1. |,
Conrad D, s%4os-s57e; Richards R, :
3559-3562. II
Browne d, 3~45S-3629; Rotwitt R, !
3445-344S. 3
Pemberton ID, 3521-3690; Haskell r, {
33S1-33S6. u
Collins D, 3404-3576; Hickman R,
3562-3564. =
Fitzgerald D, 3453-3623; Kinney r, .
3427-3431. Id
Russell D, 365O-3s2O; Cannon R. 5000 7
f
DeWolfe D, ~3495-3666; Blake R, $3.50 2
-
Bickford D, ~334O-3513; Dewitt R, a
g
Armstrong D, 34s2-seos; Harwood R. j
OoAn OOdO 81