The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-09-29
THE LAW AND THE BOARD.

OF the legality OF the composition OF
the canvassing board which, on the even
ing of the 18th Of October, rejected the
lawful returns from precinct "a in Silver
Bow county, that is no manner of doubt.
In accordance with the provisions OF the
statute, the chairman Of the board OF
county commissioners took as his assist
ants the probate judge OF the county
and county commissioner OF the
three members, two belonged to the re-
publican party. So far, the proceeding
was in due form and in conformity with
law But when the majority of this
board, dashed by the exigencles of party
necessity and goaded by the spur of
partisan ambition, resolutely shus their
eyes to all considerations of truth and
Justice, when they OVERRIDE the author
ity that the law conferred upon them,
when they robbed one hundred and sew
enty-four of their fellow citizens of the
sacred right of the ballot that had been
exercised in all good faith, they threw
behind them every thought of honor or
probity, and lent their assistance to the
commission of a glazing wrong which
deserves the condemnation of every law
loving and law abiding citizen through
out the length and breadth of the United
States.
What was the duty they were author
lied and enjoined by the law to perform?
After defining the composition of such
board, the Montana statute in SO many
words goes on to say that its members
shall "open the returns and make alb
stracts of the votes" The duty is un-
deniably ministerial, not judicial. The
doctrine on that respect in this country
is perfectly we'll settled, and it is this
clothed by statute with judicial power,
have none but ministerial duties to per
form. Authorities might be quoted in
abundance; they are to be found at
length in the report Of the senate minor
ity on this very case. They establish the
fact, without Q scintilla of doubt, that
the current of decision in state and fed
eral courts, from the beginning down t
very recent times and to the very las'
decision, runs strongly and clearly in thu
one direction. Canyassing boards, con
stituted as that of Silver Bow was con
stituted under the law of Montana, arr
utterly without judicial power. The
face of the legal returns is to he thei
sole guide. Any further evidence aliunde
is wholly inadmissible. Their functions
are clerical; no more, no less. They are
to open the returns lawfully before then
and to display the profundity of thei1
knowledge in arithmetic by finding thu
correct solution OF a problem in add
ton. This done, their duties are at al
end.
How did the majority of the canvass
ing board perform the purely clerica
duties devolving upon them in virtue o
their position! They deliberately scotfe,
at any such limitation to the exercise O
the power of their illumined intelectt
They left undone the thing that the
ought to have done and they did tn
things they ought not to have don,
They failed to perform the clerical dut
that the law had set for them to do. l
their eagerness to score a party victor,
they swept away every barrier that tn
law had established. They did not eve
maintain a pretence of respect for tt
statute. OF set purpose, they owe
stepped the limits of their jurisdictio
They admitted, and decided on, eviden'
that was wholly inadmisslble and b
You'd their province to consider. The
was, from partisan point of view, t
much at stake. Honesty aud honor bo
went to the wall The unfortunat
were between the devil and the de-
SEA. Not without due consideration "
Precinct 81 chosen for attack. The I
lection of the votes there cast, meant t
rejection of five democratic members
the legislature. 1t meant the prepo
dersnee Of the republican party in DO
houses 1t meant the election OF Unit
States senators from that party. It
true that il also meant fragrant in,
s,o1 Of the rights Of duly qualified ele
tons SID = dangerous menace t. the Il
ct s4sss sszs$s iissts~ tn'= isss