The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-10-31
Judge De Wolie's Decision to be
Rendered This Morning.
BOTH SIDES OF THE CASE
Brilliant Closing Address Made by Judge
Mcconnell Last Night.
hts Argument knoeks Every Prep From
Under the Technical Points Wass~i
4. by the Attorueys for jack and
His Colleagues.
Ny,ecial to the standard.

Sonvened this morning at rs ociock'
sue SUu1' ,oos' wns a.."ns III
sor'oo'S h'eSi WIN cst'1."s ""Aio"s W
'""'' y" '"e Ne'iA''"t' s'"'
=" "ws'rs ~ere p'cSeh'i ~
~. ~ ~ "I.u ~ ,"'s ,aps ~e'e 49, "
y. !" iooN'"H Hw I'm
eel to convey whole, law libraries from
offices up town tn the court room.
Thompson Campbell was i'm very
Nbad huuor and approached the
.e,~,-t.r. tabl.. and .xc;,eIIy ,,.c,arab
$500" 'IaNN
u1ny . ihe ~. s., unS..i,e y isstars
uiatter ana KNOCK m out OF the man
chat did il. The were greatly
painetl to learn from Mr.. Campbell that
he had a great dislike for all reporters.
J,,,n. X no~,,cs Wa .Iso somcwbat ,,ro,,,v
sh's morning anu spent most OF tue Tore.
NOON III eihittIIiS wei-iehhieu Eruiits Oh
very sarcastic d~isapproval to argument of
!, Tho proceedings opened by Judge Kirk
patrick moving for udument upon the an.
S Eve Oh sack anu nan: n,ru Eas. nient.
Inc answer P''p''s"'o 'n .''e SrANnNNp
ms morning was read clause ny
clause ana each ob1cction
fully and ina - most conn
plete manner by JudU, Kirkpatrick
He said nr-: there are now two eases in
sn'a s.n s.II.s n.n "p"nS:
- use Acr,A.'o" nnu ING o'lero OF
courtney et al. 10 expt,uite matters ana
save time and expense he asked that both
cases bc amalgamated and that the same
argument apply to- both. to the end nf OH
tanning ,"e SouraS ue,is n. =" th.s
. u. sna p9!'.'. :" .n. o"l ~
lac would have to sustain the objection.
Judge Kirkpatrick then commenced the
Judgment upon the answer OF Hall and
Jack as filed. The board of ~canvassers
met according to- law and commenced the
canvass in due time of the vote cast in the
recent election. They canvasss.d all the
returns as received 10y them from precinct
"a, where il appears a very large majority
of the votes cast were for the democratic
candidates, two out of three of the cam
turns as received by them in due form
from the county clerk. They object, first.
.oSassc clerk .Hs by ss' %nii. "t Tse "I law s' doe 20 mot mot
stats that there Is anything wrong i'm M
surns Of elections not being forwarded by
mail 80 long as they are properly sealed.
Az q matter OF fact these returns were
properly scaled when received by the
county clerk.
second. They say the returns when re-
eeived were not found to he regular. They
base this claim on mere technical grounds,
T Ts.Sn c T.i1 "p sHss the .at RETURN. IN sn did ar nSs son.
Gsin the proper talIy-shects and extension
lists. This argument is based upon the
single word spropcr," as they admit
that some returns were received by the
hoard and tina these returns contained
the tally-sheets and extension lists. But
the majority of tho board took upon thenl-
selves to declare that these were not
~'sproper'' returns and on that ground re-
iectell them.
taIly-sheets and returns
were not upon proper blanks, they say.
Simply because the paper was not proper
ly printed, they seize the opportunity to
d~isfrunchise ia legal voters.
Fifth-They say they could not easily
ASCERTAIN, upon inspcctiou of the returns,
She number of votes east, and for whom
cast. They say because they could not
ascertain sseasiiy'' how the vote stood they
could not count il.
Sixth-They say that by their refusal 10
count the vote OF precinct "a, Mediation
will mot be defraided, But he will not
only bc defrauded, but defeated, if that
vote ia not counted.
The rest of the answer of jack and Hall
q Ia i'm the afIirmatiyc. and acts forth thai
they Thought that there had been fraud
cornmitted, and they therefore went be-
hind the returns and sought for fraud.
Mr.. Kirkpatrick then read from McCcery
ON election to tine effect that il is no return
% a 4, alternatiye writ of maudnmus COM
a board to canvass the returns
HnI make ala r,cts of TIE vo-e hat tie
votc n, Irr ,ruiar and lmproper.b but il must
n. nvcrr,.d that the vote is i'm such n state
"a to make il impossible for the board u
nsccrtain from the returns the vote cas-,
,r for whom cast, In the cas-.
a.. Wells VS.. TAYLOR fifth Montaua)
AIor;nion ,leliyered nv Judge Wade saws