The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-05-22

~ votes to cast 1903. Such mathematical
e1actnees on the part OF 80 many voters "
When we remember that
the Australian system prevailed and that .
mark was placed opposite tho name OF the
tea and that Large PORTION ito Of. 9f thee
vote through declaration to become citi-
zens of the United States, the result seems
to be wonderful. Other precincts were
cited by the court to illustrate the views ex-
pressed and to show the difference in the
casting vote. Another popularity in the
it to our favor, is the triumph which the
supporters of the constitution achieved,
the vote standing 172 for and two against.
The county of Silver Bow without precinct
81 was decidedly republican, and the insig-
nificant part of the ballots that were re-
turned for its candidates must be noted as
strange and without an example in Mon
tana.
We will review the testimony, proving
that actual fraud was perpetrated at pre-
cinct "a. It should be observed that most
of the persons whose names are registered
upon the poll book Of the precinct were en-
ployed at the time of the election in build
when the work was finished, and only ten
were found to testify. The appellant of
fered in evidence two subpeonas with their
returns duly verified. The objection of re-
spondent to their introduction was sus-
tanned upon the grounds that they were ir-
relevant and immaterial. The circumstan-
ces afford satisfactory explanation of the
failure Of the contestant to bring into court
all the voters of the precinct. Charles
johnson testified that he was registered
voter at precinct "a and that he did not
vote. His name is on the poll book as one
who voted and is numbered 81. The testi-
mony of residents of precinct 81 is given,
who claimed to have voted the republican
ticket, which the returns do not show. This
testimony was not contradicted by any per-
son and no effort was made by the respon-
dent to impeach one of the witnesses.
Pennycook and Morrison were not in the
state during the trial.
When, therefore, the evidence which was
produced is weighed, these facts are estab.
Charles johnson during his absence. All
the electors of the precinct did not vote for
or against the constitution. Pennycook
marked illegally some ballots that were
given to him to be deposited in the box.
The voters did not march to the pools in
alphabetical array. Pennycook and Morri-
son stamped ballots after the polls were
closed.
The returns of precinct "a are fraudu-
lent and do not state truly the vote which
each candidate received at the last election
The statutory requirements were violated
with IMMUNITY by the officers OF precinct u
Waving the right that the returns are not
properly certified, what legal weight at
taohes to them? Here the court cites
numerous opinions bearing on the subject
of elections.
~ We conclude that the finding of the court
below regarding the legal effect of the
election held upon the first day of October
1889, at precinct "a are contrary to the evil
dence and should be set aside. The returns
there do not show the true result of the
votes which were cast for the candidates
including the contestants for the Office o.
sheriff. The officers did not canvass, count
and make said returns. The election wal
conducted in, Collation. of the laws regulat
ing the same, and the opportunity was of
fered for the perpetration of crime agains
the SURFACES of the people. Ballots wer'
illegally marked after they had been de
livered to the judges to be put in the box
| Fraud was committed by the officers of TIL
election to such an extent that the actua
vote of the precinct cannot be ascertained
and the returns are valueless as evidence
and must be rejected.
Judgment reversed with costs and caus
remanded to the court below, with instruc
tions to enter Judgment that John E
Lloyd was duly elected sheriff of the count
of Silver Bow.