The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-02-12

l>IEetIlfnlStS eNtTy N1liell Jul 1AOtitsstthsN y y
any man become a citizen OF the United
States without conforming tn the require
ments of the United States: States can't
make laws, except under certain restrtc-
tions. There Is nO such thing as n citi-
zen OF "a territory. These 100 men were
Thompson Campbell continued his ar
gument at = O'Clock this afternoon. IF
there have hs,cn illegal votes cast. and "
can be proven. then the one who received
those votes should Ire the loser. Weclaim
that 100 votes east AT precinct "a for Suili-
who had only declared their intention and
had not sworn to support the constitution.
These Declarations 81 intention may not
he fraudulent on the face. They ent,tie %
man To become a citizen in the future.
But IL he votes ON such q paper his vote is
absolutely fraudulent. Tuis raises an is
sue. and IL il raises am issue il is material.
The burden of proof rests on US, and We
are prepared tn prove the ailcrations IN
the original statement at contest. The
constitution provides what shall he IA
future sui rage i'm the state of Montana.
t ~ "'m nv his mn,i"m To ndmi, the
truth of the allegations. he stand.
ON the broad platform that tn" territorial
law prevails, or otherwise some rsor man
will h, disqualified from voting Al thu
Mr.. Campbell asked that th. motion te
denied. and that the matter tn not stricken
j. w. co,,.r, Gs~n~iate counsel with
Judge kirkpatrick, said:
"In the original notice of contest 10 ~
alleged that ., votes AT precinct IA were
moi lIalitieu Tor specific reason tnat tney
were not legal residents of Montana for
six mouths. Dur answer denies this. IL
is IA rule Of pleading that the replication
must follow the original pleading. BUT
they have Abandoned the original 0roNnd
OF disqualification. the original ground OF
Gi%n,ss,; and nH NJ r 10" other vS'S v;, 20 m n.
portalcc il whether il IL necessary for n
voter to have taken the oath tn
support the constitution AMI government
of the United States. MIR. Campbell holds
that all territorial laws in contravcntion
of the United States statnic are null and
void. section 1,UD. of the revised statute
says that all male persons who have de-
clar,d their intention of hecomilgc citizens.
shall he entitled to vote for territorial del
cgatcs and other officers, after having rc-
sided i'm the territory six months. Ii u
man rcnoufccs allegiance to his former
government and declares his intention of
supporting tho government under which
he il living. il seems To me that he can
says that all persons who are authorized
to vote for territorial representatives are
hereby authorized tn vote for delcgates To
"A constitutional convention. This il the
act which determines the voters
of Montana. MIR. Campbell says
Judge Sawyer has decided that there is
no such thing as "a citizen of u territory.
MIR. Campbell replied by citing authori-
ties to show that am oath il required. and
the usual course of contests had been fol-
lowed. Judge Mediation then declared u
recess of an hour. while he took the pa
pcrs of counsel.
At 4 O'Clock the. conrt again assembled.
Judge Mediation in rendering his decision,
on the point AT issue said:
THE original allegation of Lloyd shows
1G5 votes for sullivan tn nine for Lloyd AT
precinct "a. and alleges that G3 of the
votes cast for Sullivan were illegal de-
cause the parties who voted had not re-
sided in Montana the requisite length of
these are illegal votes and alleges that all
the votes cast were legal. fail to see
that there is any new matter in,ro.iuced
in this answer. jIstifying new matter i'm
the replication. IL il implicitly admitted