The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-02-18

appearance afscr clertion."
thos,.and:" n. Both .si.letl
windy and stormy at p~rccinct ~ on elec-
ton day, and. that n few of thc hailoes
w ws.s r sesI saa 30 1i %r. c .msS; ~ and d asker
whether the oath of Office administers
W him ~ deputy wa spread on the min
performed amy official ac, us depaty. Mr.
Clark said II WINS not. hat his appoint
ment wa: noted; The court 'hc" took a
Thompson Campbell introduced an
other Witness at the afternoon sss.ior.
He .aid:. 81 am Foreman Of The Moose
nine, nm acqualnss.a with Isnn,.
mine part OF the month of September.
of the timc." Mr.: Campbell said that in
against the insroi,.csion 81 The returns OF
precinct ~ AS evidence, other obtections
were, that neither Of the clerks entered
the names of the electors or compared
their poll lists, ar corrected any mistakes.
or set down the names of persons voted
for Mt said election ar tho names at the
Offices they were running for.
Mr.. Campbell then rested his case. John
j; Sullivan was sworn fer the defendant
He did 40 and received from Mr.. O'Neil
abo,It thre. weeks there. The testimony
was then closed ON both sides.
Thompscn Campbell opening the arg,,-
bhBGtAtA vi w nv N ar utt ttsAS
consumcd the whole of last week and run
SD far into this week, No. 3Ss1. ~ case in
v@iSina a GSmsess Tor the ONCE "t nn"rim
to trial. and the evidence has been sub
mittesl by the parties contestant and rc-
spondcnt. The inquiry, as we are advised.
in n case of this kind, is onc provided for
especially by statute. While the practice
under the code has been somewhat adj
hcred to throughout, there il no provision
i'm the statutes for the character of plead
inRs that have been filed in this case. cx-
| cept the original affidavit fled by Lloyd.
The only inquiry that your honor can
possibly consider is which of these two
parties has received the highest number
OF votes, no matter In what manner that
result was arrived at. Under the statute.
only the legal votes can he counted. ]
"I F;rI .hrs ,.,a prop% %sr,. ii,, so si'" rn,e. cas-, ~,
two precincts. There were 49, illegal
votes at precinct NJ. Congress- lcgislatcs
tories. According tn the laws of congress-
these votes were illegal, because the voters
t EaG mot The! The ia %as Sas to ii " 1854 ' hs. : S.y.r
he must take the oath of allegiance: The
whom the declarations are made, at his
office. The ofic. is at the court house
and not 10 miles distant in = Tood camp.
the only person who could take his declar-
alton and he could not delegate il To u
deputy. Such declaration also should
have been taken i'm and at his office.
These declarations were taken by IL dep
uty clerk. 10 miles from the ofice-pro-
vided 10y the county commissioners ut tile.
county scat, and mo place else"
Mr.. Campbell read a decision of Justice
Field of the supreme court. expressing
great doubt as tn the legality of "a DECLARE
ton takeni in San Francisco by u deputy
at the residence of the party making the
the highest authority m the land and that
If the ease were taken before the supreme
evidence! continued Mr.. c"m"i,clI ~.
that the clerk was not sent for by ,n,s>.
parties. but was sent out by a political
party. No seal was taken along. but q
bundle of declarations taken along will
the seal attached. Everybody who voted
2 r. such Sa,i = n s,;nms WAS IS an liiss" voter
clerks were absolutely void. In this pre-
cinct 145 of these illegal votes were cast
suppose that all the 81 votes were H.
legal. h will leave ia illegal votes
that must have been cast for Sullivan
polled 1G5 votes for Sullivan and y fo,
Lloyd: OF these 60 were alleged to hav.
We will take . of these AZ from Lloyd and
illegal. votes cast for Sullivan in prccinc,
precincts east for Sullivan, defeating th,
voters OF the county. The burden al
were legal voters. but not a scintilla oi
evidence has been adduced by them or
this point. The question il what cansli
full votes"
Mr.. Campbell argued next in regard Il
the certificate of election issued to Sulli.
van. declaring il void because issued by
the clerk merely ON the advice of an attor
ney at law. He said the other
had proved that the polls wers
closed contrary to thc statute
that there were some drunken mel
around there; that neither of the clerks
had performed "a n act required a
them by law; that the returns were no
sent in by registered letter; they have no
proven S~ullivan's title tn the office, al
that he received u majority Of the votes,
He claimed that he proved that Lloyd ha,
received "a large majority of legal votes
The other side had proved one of the II
legal acts which destroy the validity of tn,
election. After speaking = hours and 1
minutes, Mr.. Campbeli said he woul,
conclude his argument Tomorrow morn
ing and the court adjourned until tina
=. time.
: - IN T