The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-11-01

sssS vS & sp's ss sss :ss::sns e: a s 1884, 10 ss sss.sss.s g
" Sss saH sos s:r sS ! u s % p 1is: sicss aS NE n': sSs,i g g
g ssu :ss: sss : ss:s.h fsa aS X: ss :s.s 5. :" 8. 's sss.S e.
jadirissi o.. dislrstiSaary ssshsr,sy. The os,iy
s %Sss s sSsarsrss !. X e The 'o ssss.. :'s an sif" ~Ss. s ana
s %sss: y y f ass sss. ass,'', Which h'c aire s;ss , is's' he .S
xtrastx for delegate To congress-, for meinl.srs Of
sss .ss's saa FOR a ssan sf a .sr't sswa.s sns Sssssss
shall e., n ,,,I =, , ON :,.I F = s,s' s,,sssre i ,n. 81 ps,sss. .~,.
Intended WA. that tine h.ard Of canvasssr.
turns were s%uiicient TO sn.liss them to do This;
~ aa a; AN end. S";hins whs.s;sS IS ssid IN tHe
s s.wa ss re- sSrir d e.; 90 81 r. ,u a"y%tnsf iu ss., tic i. 81 ihs
or ,h. s,fi,cisn.y o. the returns mass by tns'
tsgaiiiy Of any or ali lii. Votes eiabrassd In In.
returns. These, and an kindred questions are
tribnnrls. and 10 AN entirely different form Of
ffssss shis IS IL ,h wn sarr, rs f rair. app,i 81. s. ,o s sSsrd;
constituted like eur election cMnN iissing board is
Mesisary in lbs WORK %n ELECTIONS. in s.stion .aSs.
ar. - i can be rs.lily found: h", SPACE and
S%s%!y s' q mi 4" ~s 9sisrt =" r sS sss.n. this opi"io"
u IN proper, however,. To refer To .. decision Of
ih.. same princiIae, in Language mos, clear and
emplaiic. In tile ease 81 Cnuinasero VS.. Potts
iowrr 81 these canvassing boar,s. and in u pro
sesding in mandamns like this, the court, BY
..'77his IS a question that the canyassers of the
10 do With. IL Was No part Of their duty to deter.
mine what was the true and legal vote east.
mime what tn. abstrs."is Of the Votes returned 10
y" ' right to go i.alIind Ines" ai'stracis. theSs nave
M right to assign, as "A reason for not canvass.
any fns ar%s Sass 'sii, M ,heaa' va" a" "'fs''
.If suc, AN issne was allowed to be raised
Ger should canyass 4r NOT election returns; every
ton. might raise the same issue. and there would
be q clog upon our whole riti'iA system. Oni-
have have Sa'S other aI legal AZ si raM ,i,s1 s tsH 10 performs.
and rs il would not bs IN the PROV incc q the pro-
hind the returns and determine the actual
law does not ssancern Them. Is onicers. as a de.
Tense when they are required To do what does
isn.sr'' Them 'S officers under the provision" Of
Iangsase more ~, and pertinent, to the cas-;
:annot add to It's force or hope to- initiate its
legal princ,pI. Il s,ases is eTaaiiesi by the clear.
ness and PRECISION with which the principle is
our own y" other courts. on this question, the
PERSONS, COMPRISING. or who may, under our
think cancinsively. thai il was never Inc inten-
, p"@s = ' M IL, iSs' ,Isi% and si%pir " "i,s 81 " counting, ans
the Votes AS shown 10y ths returns, and making
Heating ans! transitory. and may he :.mposed Of
CHAIR : Sa1 Of 81 I ny p SSnr,i r. Of f. s"atty ..s %sisf.s; rnr
or: IL his anssnce; amy member Of the heard Of
s%s pf.i SS%% jasiss. or any Sy' jasiis :. ~ II ;n sI isssss Of
the county and ons, other county officer, consti.
the time county commissioIers and this com.
else he pie,scs to act with him. provided only.
jul, on" or a j. jas, '&s X s't the ps ss's:'s and i the ''S other
some county officer; u.uu, 4.
imISI,aa, aud dsiisals duty q asciSins Ss;ihe
s lion e S:%'9 min D; g s%sJSss'p 4 ,% S"is ss: snsi ; :; r ny
IL cannot he that this. the most delicate of all
isit Is aa anssriain and shitins board sampos.ssi
PIE ! have s'st stated s" !i,ss = soSrscs: thai, shs duty
g sas :. n sss sa s@%r q. IS Shown s.%r y :! he %s ssssr ss.
s Sns:ssr of 's the majority 1s;ts set & Ill, II sd IN .9s
i %is. Or s, mot, y NV WAS .i Ssi %, s Them s;., g. 81" I, O. a,ssr;;
.&%if duty %%s'a as d len :if, ~ law 3, e. o. nSs. j ss ~i,s,Isr
ans ec cItrEs wsr or r. a,t ,isc tnrm a ny i.w ny 81 ahv wI l"aErs
the clerks, with their own hands. entered the
whether the returns Of IL. election were trans.
reached them in = dinerrni WY. SOME. or ali,
"a iaw .hs rr.v mss he s i masi,aa, a. s". a;s% = ; nfS ,as
H. which they may be- rais.;d and decided
. IasS:,S R S%sSSi f II The c sss".'" y c%ui nnns.1sss Vs. 8.
returns have no other legal duties than these to
perform: and, AS Il would not be- within the
province Of the proceedings In ni;sndlHmus tn cnm-
pel them To go behind the returns and dcterInine
the actual legal vote east. 50 they can not set up
what In law does not concern them AS officers as
"a defense when they are required to- do what
does concern them as officers under the pro-
visions M law"
The answer In one place states that ia votes
how this fact could appear except by the returns
which a majority of the canvi.ssiiig board re-
jected. II appears by the returns Il follows from
Necessity that the returns were sufficient tai en-
able the canvassing beard to ascertain the vote
cast. and for whom east, and this Was sufficient
to enable them to make the ahst rtct az the votes
required AT their hands: This admission Of the
answer also negatives the allegation that II could
not he 'teasily' tetcrinincl,. from the returns,
the number of votes east. Whether ''easily' AS
certained ar not. II seems to have ps.en ascertain
ed for the purpose of "A pleading, and as a defense
against what the law enjoins as - public duty
and, IL useful for such "A purpose. why could no!
the Knowledge thus acquired be- AS we'll applied
In making abstracts Of the votes east AT the pre-
cinct in question?
No reason has been stated, or can he imagined
why. IL the vote could he ascertained from the
returns, IL should not be counted by the canvass
ing board. Many other interesting question,
have been presented In the argument of ths
ton.
II follows, from what has been said, that I'm til,
Judgment Of the court the causes shown I'm TIA,
answer are not sufficient to Justify the refusal a.
the board NJ canvassers tn obey the altcrnatiN,
writ heretofore issued. II is therefore orsicrcs
that the peremptory writ OF nlandamus, issilct
to William NJ. Jack, William r.. Hall and Caiei
a.