Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-11-09

- WV SDos ~ VIZ uAA PA0OALkNo AA va
q, county as to all of the candidates and !
did SO Notwithstanding it was in pos
: session Of the returns for that precinc
legally certified to by the clerk and re
corder for this county, and notwith
q standing the further and supreme fact
q that a copy Of the peremptory writ O
mandamus issued out Of the distric
court in this city commanding that thu
' vote of said precinct should be counted
as to the legislative ticket and the office
of district judge was attached. The
9 state board of canvassers not only went
!, behind the returns, which is a direct
violation of the law, but it treated an or
der of court with contempt, an attempt
which is revolutionary in its character,
damnable, therefore, in its consequences
and should consign its perpetrators to
everlasting ignominy. The state board
of canvassers alleges that the returns to
which the county clerk and recorder GER
titled to are not the legal returns for this
county, and yet it accepted the said re-
turns except as they pertained to the Tun-
mel precinct. It admits that itrefused to
count only because the board Of cenvas-
sers for this county had refused to do so,
and in spite Of the fact, that the district
court in this city had already declared
that the last named board had no right
to reject said precinct and had COM
manded it to count the Tunnel vote. If
the action Of the board of canyassers for
this county had been sustained by the
district court, then to exclude the
Tunnel precinct would have been
the plain duty of the state
board and in the observance of which
it would have received the support of
every good citizen in Montana. But the
facts show that Henry N. Blake, the chief1
justice of the territory, Benjamin s.
White, the governor, and Louis A..
Walker, the secretary of the territory,
acting as a board of canvassers COM
bined with conspirators to give further
force and effect to a conspiracy that was
5afy aha Ia ~5 aaAbRSaHaafB8. or pptsiqH5aifa y, fSg..
tered by the convict hand of Bernard,
md certified to by a county canvassing
board, the leading spirit of which SO
'rdered it to a v election bets and r
whose record as a county commissioner q
Is not such as of which an honest man h
'hould feel proud. p
The facts show that III legal Demo- y
ratio votes were cast at the Tunnel pre- q
'lnct; that there was a free vote and an
lonest count; that every allegation to
ne contrary has been disproyen by bet L !
Or testimony and more of it than sup n
'orted it; that, therefore, and because it no
ad no judicial powers the county board il
canyassers should have counted the I'll
and was commanded to do SO by
of law; that all of these facts we're
nown to the state board of canvas
RS and yet they were disregarded to-
+ no better reason than the force M
an example which had been judicially an
to be illegal. tn,
Inc question Of fraud at the Tunnel lit
eclnct has never been the subject of en-
dicial inquiry, but if the state board LII
canvassers had a right to consider the 7
'timony of Convict Bernard and the Wi
OF such a man it most assur- ags
y had the right and should have con- sno
the testimony of the reputable boa
liens whose afddavits have been un- Wo
'llenged and which c~onclusively prove Bes
It there was no fraud at tho Tnnno,. is j
had it dore so, and the members of =.
board possessed honesty enough to tho
ape the p~enitentiary, the vote of the Bak
clnct would have been counted. harl
I'm, the state board had no legal or goot
right to use such data from the re- A
rs certified to by Clerk Booth as suited the
r purpose and ignore such as con- the
ed with said purpose. were
gain, the state board had no legal w
that the county board had refused coun
ount the Tunnel precinct vote and IL sold
I'D any notice which woo on+;+,.. "A G
liberation then in a spirit of fairness Al
have considered the order of ment
t commanding tho vote tn bo counted elect
Is conclusiveIy shown by the action
state board that the fnishing III,
OF a steal were demanded and pape1
O. Wnlte and Walker were equal to and 2
mergency and anxious to wallow in the L
cd which Jack had befouled. M
"
:bo !, publi'
moment that they will get away tics y
the steal they will find out to the ."S0,