The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-01
CHECK.

6sld, NJ
The registfation agent at precinct 8
was republican. OF the three election
judges, two were republican. The ma
jority Of the canvassing board of tn
county Of Silver Bow was republican
Driven by party necessity of the mos
desperate kind, these last ignored tn
limits of their legal jurisdiction. Thei
duties were purely and simply clerical
the statute SO declares them. They ar
rogated to themselves the function of a
Judicial tribunal. They committed q
most fragrant breach of law in the ad
mission of evidence aliunde, for the face
of the returns was the legal definition Of
the scope of their powers II any doubt
were entertained of the legality Of the
returns this board had before them,
the decision did not rest with them.
There were other and legal tribunals in
whose care the law places such matters
for consideration and Judgment. But
partisan spirit was stronger than
law, stronger than decency, stronger
than right. They excluded the
vote Of precinct "a and pro-
ceeded to find the total suffrages of Sill
yer Bow county without it.
The miserable travesty Of Justice was
brought to an end, as the mutilated
votes we're being counted on the evening
of the Nth of October. At the instance
OF the five defrauded members from
Silver Bow, an alternative writ of man
date, issuing from the district court for
the second judicial district, was served
upon the canvas sing board. That writ
required them to forthwith count the
votes of precinct "a, add them to the
other returns, and make complete alb
stract Of the whole. In default of go
doing, they were enjoined to show caus
before said court for their failure to
comply. On November LIST judgment
was duly rendered. On the previous
day similar judgment had been given
in proceedings instituted by the demo-
cratic nominee for the office Of district
judge, who had also b5en threatened
with robbery of his legal rights, to sat
isfy the ambition of disappointed and
law-despising republicans.
After quoting the statute creating
such boards, the judgment proceeded
Nothing could be palmer than that
what was here intended was, that the
board of canvassers should summarize,
or add up, the vote according to the re-
turns as received by them, if the re-
turns were sufficient to enable them to
do this; and, when this was done, their
duty as their power, was at an end
whatever is said in the section
referred to, or IN any other section of
the law, as to their duty Of inquiring
into tho legality or the sufticiency of the
returns made by the judges of election;
nothing as to the legality or illegality of
any or all the votes embraced in the
returns. These and all kindred ques-
tions are, by the election law, left to
other and different tribunals and to an
different form of procedure
from what is conferred on this board"
We commend this clear and admirable
exposition Of the powers Of this board to
the attention of the voters of Montana
and especially Of the laboring men. No
honest man, be he republican or demo-
crat, can afford to wink at the gross vio-
lation of law and justice that was at
tempted by this republican board. II
scoundrelism such as theirs is to be en-
dorsed-and Carter's canvass, if success
full, will he claimed as it's endorsement
no mans vote will be safe. The secrecy
of the ballot will become delusion and
a snare. The free vote of the men of
Montana will have become byword and
u mockery.
These decisions only scotched the hy-
ORA headed monster Of republican trick
cry and illegality. 1t was not killed.
But it cannot be too clearly understood
that these verd:cts rendered the vote of
Silver Bow county incomplete and coz
trary to law, if returns from precinct 81
were excluded, that one of them entitled
the five democratic members to seats in
the house Of representatives; and the
other placed the democratic nominee in
the position OF district Judge.
On the 7th day of November, per-
emptory writs of mandate were issued
in each case. The republican chairman
of the board had mysteriously disap-
peared. His deserted and dispirited
colleague promptly knuckled down.
&C.," said the court, and he stood not
upon the order Of his going, but ever
lastingly got there. The returns from
precinct "a were at last counted and
with the rest The tale OF
votes from Silver Bow county was COM
plete
A PICTORIAL CAMPAIGN
We are told that the republican con-
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