The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-03-24
HOW ASTATE WAS STOLEN
An Able and Concise Review Of
the Work of Montana State
Stealers.
Legal Consciences Were De-
bauched to Admit Fraudulent
United States Senators.
4 Precedent Which, IL Followed. VIII br
the End OF Popular Government
la America.

bersl, has voted to report in favor of seat
ing the republican contestants. snys the
Washington correspondent of the Cmcin
natl Enquirer, In so doing they are asking
the senate TO lcpislnte-tor by no other coll
struction can this decision be considered n
Judicial one. Heretofore, in contested
election cases. the senate has claimed
right of investigation as wido ms truth it,
self. In this case, 10 gain petty party nd
vantage, lawyers Of national fame. like
Senators Evnrts and Iuar. have allowed
their legal consciunces to hc debuuehcd by
their political partisanship. and have made
a decision that they will never III private
life undertake to defend. except upon
grounds of party necessity. The facts, in
brief are rs follows:
The election IN Montana WAS very close.
A democratic governor aud republican
heutenant-g governor. eight democratic aud
eight republican senators, twenty-five re-
publican and Twenty-Five democratic Iunro-
sCntaiiyes were elected beyond dispute. But
five representatives FROM The county OF Sil-
yer Bow were claimed by both democrats
and republicans. The question IN issue
WAS whether the votes from polling pre-
cinct called tho Tunnel Precinct should be
counted, this precinct having returned III
AiAuNllAAlh NHA iNHhhlltNu NNAtNs II
counted the democratic representatives
were elected; If not the republicans. Now,
first as 10 the question of fact. MS towheiheT
these votes should have been counted.
The territorial officers of Silver Bow
county were republicans. They established
this voting precinct and put II in charge of
iilct nudge Two uf whom were reDubll-
Gun nd one democrat. These officers
from ihe iirsl claimed that the returns were
correct statement Of votes cast in accord
Hnce with law. 1ri1ing objections as 10
technical details were made. hut in Il
suit brought by a democratic candidate for
sheriff of Silver Bow county against The
republican candidate. who had been terri
torinl shcrh, und whO refused 10 surrender
the Office. the question a. 60 whether tins
vote should be counted WAS tried by a court
of the state oi Montana, and the facts
found l,y Jury drawn from The vicinity
established that the election al the Tunnel
precinct WAS held in compliance with the
Inv, that il was fair and free, and that the
votes were returned as cast, and the coGrt
held The democratic Eherl euiitlcd 10 The
office.
f. These facts we're before the senate COM
Inittee, ana were accepted as facts; so that
the republican senators must admit that III
truth aud right the democratic representa-
tiyeg from Silver Bow county were entitled
TO seats i'm the Legislature. But Il appears
that the county cailyassing board of Silver
Bow county, when The returns first came IN,
entered IN their abstract the returns from
tue tunnel precinct, Aftefward, when il was
lelmed TINT the election of United States
senators turned un thus return, they. under
pressure from outside politicians, struck
these returns out. Bui n Inandamus OH
tanned from territorial judge compelled
them 90 return H. or rather % make a new
abst tract containing il. Pending these legal
proceedings the clerk of the county com
missioners of Silver Bow county wrote to
the state cnnwssing board, who were 10y
law charged with making the final canvass.
and explained the delay IN sending in the
county returns 10y stating the facts about
the attempt 10 strike out the Tunnel prc-
cinci returns and the pending legal pro-
cecdings. Finally the county returns were
forwarded, and the state canynssing board,
composed OF republican officials, whose
nnrrow duty II WAS 30 canvass the returns
forwarded from the several counties, and
to declare the result. deliberately proceeded
10 throw out the returns from the Tunnel
precinct. and 60 declare the republican rep
resentatiYes elected.
Their net was arbitrary, unjust, without
shadow Of right, unless the informal letter
from Silver Bow county telling them that
the Tunnel precinct should be thrown ont,
which was answered by the county abstract
which was officially forwarded TO them,
which contained the Tunnel precinct re-
turns, and contained them because q court
of competent jurisdiction, after a trial AT
which both parties wcse heard. decided that
such returns must 60 into the abstract Yet
after all this, these republican conspraturs
threw them ont, made false return of the
result, and now the republican senators. IN
pursuance. it is said, of pro
granime made before they knew
all the facts, are sustaining this unright-
eous and fraudulent action-and men like
Hoar. Evarts, Teller, Frye, whose nnmes
have been honored heretofore, declare that
the senators can not 90 behind this act;
that wrongful, improper, fraudulent, though
II be. il must stand, and Montana mast con
tent herself TO be misrepresenicd in the
United States scuate for two, and in5pari
for six years. But the disgrace does not
stop here. 10 sustain themselves they must
20 still lower. and Senator Honr. at least
will hear more of this question, lie repre-
sents state IN which the lnwyets are
still prond Of the judiciary. who will feel
more keenly about wrong legal de-
cision than about one Of facts Now in
this case the law is clear. Tho territorial
law was very clear. The votes were 10 he
canvassed hy county officials; another dis
trict official, the clerl, of the county com
missioners, was 20 issue certificates of cleo
tion tu the persons declared by the county
canyassing board 10 he elected members of
the legislature and thesn certificates were
expressly declared TO be prna faoio oyf-
dence Of a right 10 tnko pnrt In the orgaui
zntion Of the legislature. The new consii-
tuition of Montana aVd tho ordinances
passed herewith expressly provided
that MI laws of the terri
tory not expressly or 10y neces-
ssry implication repealed should remain in
force. Tho provision Is regard TO the issu
ing If certificates WIS not repealed. The
present chief justice Of the state, republi-
con. has SO decided since the election. and
by m0ndamus compelled the county CLERK
20 issuo such certificates, Tho formal GER
tiiicatcs were issued 10y the clerk Of Silver
Bow county 10 the democratic representa-
tivCs. They met Sith the other democratic
representatives, M the time mud
plnce legally appointed and, there thus
Icing quorum present. duly urgau-
" d the legislature, which afterward.
niter due obseHanco Of oil legal forms.
elected Clark and Mnginnis Rs United
States senators. And get the rcpubicau
can brethren tn logislate Messts. Power
mud Sanders into Office. and they will doubt.
less follow their advice. and ia spite al
right aud truth Of fact and law, will lcgis-
lat0 into office TWO men Who do not repre-
sent Montana. Thew viii steal a state and
tcnke a precedent which. a followed, will
bo the end ui the government OF the pco-
ple. hy the people, Tor the people, suh-titu-
-. fts ,,luea fhu fnfaI hute ful a MA