Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-10-19

not allege fraud but would honestly con-
fees their own confusion or c~arelsssness.
But It was not So much q question Of
fraud, Is it was of the Democratic ma
j0rity at the Tunnel. II was just Che
size to meet the emergency to elect all
Of the Republican ticket that the bosses
have any special interest in, but 1t will
not elect If there IS any such thing a.
law in Montana, and If the people have
any rights which those self-cOnstituted
and unprincipled bosses are bound To
respect. The whole matter Is not only
an unmitigatsd farce, but q dastardIy
outrage, knowntto be such by the men
who instigated and perpetrated it, and
without any excuse in law, equity. OF
even in the realm of human weakness
When q court of Justice renders a decis.
ion, the reasons upon which it rests are
given, but Messrs. Jack and Hall gave
none, but practically told the people that
it was none Of their business. It is true
that they had prepared q written decis-
ion embodying reasons, but after the last
consultation with Mr.. Campbell 1t was
decided that, as no good reason could be
given to justify the decision, 1t would be
better to give none.
Mr.. Jack seemed to be very deeply inn
pressed with the injustice Of the decis-
ion, as he informed those present that,
should there be any demonstration Of
disapproval. there was an officer present
trained in the matter Of making arresss.
We have yet to see, In the Inter Noun
tain or elsewhere, any law to warrant
the Republican majority Of the board In
doing what they did in throwingoutthe
Tunnel precinct. but there are volumes
to prove that they had no legal right
whatever to do 80.
In Chumasero vs.. Potts: II. Montana
Reports, Page 270-Opinion by Justices
Knowles. the law is laid down as fol-
lows:
much might be said in relation to the
issues presented in this procedure. There
are q large number Of issues rendered in the
answers that 60 to the point that there
was q fraudulent and illegal vote cast upon
the subject Of the approval Of the capital
law. /,
This 10 a question that the q OF
the return OF the abstracts of the votes had
nothing to do with. It raj nc part Of their
duty to determine what was the true and
legal vote cast. What they were required
to do was to determine what the abstracts
of the vote returned to them showed upon
this subject. As they have no right to go
behind these abstracts, they have no right
to assign as q reason for not c~anvassing
the true abstracts, that there was an, Illegal
and fraudulent yote behind them"
II such an ISSUE was allowed to be raised
when the question was whether an election
officer should canvass or not election re-
turns, every single ONE Of them, down to the
judges OF election, might raise the same
issue, and there would be q clog upon our
whole political system. Officers whose
duty by law is to canvass returns have no
other legal duties than these to perform,
and as it would not be within the province
OF the proceedings in mandamus to compel
them to go behind the returns and deter
mine the actual legal vote cast, SO they
cannot set up what in law doee not con.
Germ them, as officers, as a defense when
are required to do what does concern
them, as officers, under the provisions Of
law. 80
This decision was cited by Judges
Dixon, Kirkpatrick and Mcconnell to the
board, but it had no more effect than
to pour water on a ducks back.
Law, evidence and justice were the
xassa iaa-4aJea trJYdiesJsi a4z-fu rsnb prSa
paration of their decision, nor did they.
At last the republican party has re-
peated in Montana the presidential steal
1876, and Montana, instead Of going
into the Union rejoicing in all Of the
blessings of political freedom, must enter !
her hitherto bright e~scutcheon
with a crime that enslaves her
people and makes free government a
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