The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-02-25

store; thai the appointment and Official oath of
ssss or Journals Ut ihs dis,riss' csar. Thai . Of
SsslaraiiSns TO VIII !. cia,rk anil 4. E.kcrsiss,
cisrE's onics.. and hos, apa.sininsnis and oaihs
q office were REGULAR. cNespt that they had not
0c Tss rs c,,Ss ss, Of s sssSe 4, s%rg ri. merits an. sIs The
Were shs.. ps,r.ons thus duly aIl%in'.,s: author.
their acts done In iaKiiis deciaraiions out side OF
the clerks a. &C. i'm butte. valid: HAD they the
.ISs Is ." " 4. sns II AZ" tie s .isaE.. Sn TO- .ee' bi S', ssss
make 2 record Of The .l.clara,ions made; and the
made and the oath valid, 81 as To confer the
taking The "aih: II il law ihese questions are
answered in The negative, then the Votes at these
l Gsr.1 sS.n %s sss, &c sa ss,Ss' sa.. :ni i n ir., ,%f h has NIT
been proved and the returns are not imI~aene'i,
As .Is r,r,ies 70 IN, acton arr .Gn'ss,ing
viii, reicrsnse to ih:%a, as purely ii,ir,i parties.
Of lns statute Sl,ish ,TS,ias- .sa' me aEp"ni.
a"nse.i 10y I.ins sirr.sd upon the minutes or
journals III the ,ourt is directory only IL Is NOT
MAI Ma,, The ~iri,,s Of third ,artias sh"ala he rr.jS.
diced ar lost by tl,e failure "f a ministerial officer
It. statute, s%,. l.he , Gsa the directory provisions OF Il
The COURT is ii the opinion that, 50 far ~ the
deputy clerks done outside 81 the clerks oiiisr
The proper oath was adminisiefr by them to
each d'cLiran,, aud record thereof was made by
returned into The elsrk,s Office. m,,ere the same
u In xnJr,s yn' .in'i... Of In. s,ii~,"irt Court, the
supreme court 81 Micnig,n says: 'sThc .icciara-
canvra.ss has me-, i,.,,,i, 81 any Ss,rtirniar sanir'
and 1t is difficult 4" see for What purl9s. il was
man snonid not i,ronic n EILEEN Without two
ysar, ,shn .Tirra n a's s, ms u,h,i ~ r.a ahs , MGT
the clerk si,ouid I've in his Office. ar in the court,
is no reason why the oath may mot be laSen hy
MN a. a. any ,syfn lra'r = ~ i,1ir,.i ne q " iIs,i ie.ii "r = e, .o ,mi hs
sinner. lie is the person Indicated by the law.
il dispensed with the only legality Which is uni
Vcrs:iily known fur clerical action. and We cannot
/" Ire held in any particular spot or raa,n or
building wltt.,,, a.,lhing To- ~, law = I%aaiiil.:,,
moi required hy any of its pruyisinns."
,e Tsif ia sSsiisaI', with a" ;hS a%s iu 4 ,s,.a' IN II the s.i prss-
snt rase. and while this court may he said mot Ia
be bound by sn.l, decision. i IS bound by Oh. law
and h.li. {, ai,s, The 'l 4. m:n !, q. sS-
wer. legal VOTES and must hc counted.
ica"in;s their Office for The purpose Of Offering
lions: and inas Ss snss5sd !" Vote - siss,i%ns;
aliens sis si,o,,ii moi ~ ns SLOW to- @. arcnsna neon, ," IN.
fences in acquiring The high privileges at .AIncri-
;I..i, and they should not Ia. importun.d To
accept IL, nor pressed into lis rosscssion. while
hiIiiies; pui tins Is not germane. 10 The iciermi-
nation of the rights of the parties tn this :lrti,rI.
The contestant next attempts To imIc;icb I'll.
Tbs The court conceded hc had tine right to do
by any competent evidence. He may show IL
legality or fraud, which change the result uf the
ELECTION. and h. mas undertaken to show both.
The true rule governing IN a contested election
Is, that whenever, at any stage in the proceed
Official returns that ONE or the parties received
the highest number of Votes nj the election, ,inl
tins tli.. court can and may determine from amy
returns signed ly the precinct election officers,
and from which appears the number of votes
east, and for whom I.istl, that then II acy ot,c s
! Ipon the other party Ia show the illegally of
| Votes east and counted for the party having the
ives the result.
Fraud and irregularities i'm the conduct of cleo
| tious and making returns il not to be prcsuIn, Il.
There II "a strong presumption against fraud AID
irregiila III les, which arise. &, IN "a t. Of piii,li,.
uiiicr : acting under liz, sanction of th.i, ,i,irinI
~ thu. stringent provisions Of our election laws.
wheel, have up,n Justly and wisely framed with
:; view To make fraud ard illegal voting al our
elections impossible facts.
IL il held IN II. trs whose elections Az. not
hctigri and attended 10y amy stIch wholesome
oars, tntt npthi ~ lut the m.st cr. dibir, - .siiSc
aud uncpu vocal evidence should liz permitted
to destroy the credit Of ,iliciai cturns. IL ~ not
Sufficient to east suspicion upon them. Iues
must Ice proved fraudulent before rejected.
In pass ng upon the ry i,icnc. introduced To-
In. statute must be permitted to Judge or the
crclulity of witnesses and the weight la he given
tn their testimony. IL has seen and heard them,
| Mated their means Of observation and estimated
their powers of recollection and facilities for ar-
cnlacy az statement and has formed it, e>, lm:tc