Daily Yellowstone journal., 1890-05-23
MCKINLEYS BILL.
All Amendments Disposed of
and the Bill Read for the 7 Third
Time on Wednesday.
The Supreme Court of Montana
takes An other Hack at Precinct
"a and Reverses Mediation.
KNOCKED OUT AGAIN.

KNOCKED OUT AGAIN.
The Democratic Position Based Upon Pre-.
cinct 81 Again Judicially Upset.
In the supreme curt Jf Montana on
Wednesday morning decision WAS
rendered in the case of Lloyd VS.. Sulli.
van which came up on appeal from
the d strict court of silver Bow county.
This case, It will be remembered, is on
a contest for the Office of sheriff Of
Silver Bow county. and involves the
whole question of the vote at Precinct
No. "a. Lloyd, the republican incum-
bSn!,and al-o candida'e for reelection,
held the Office until dl-possessed by an
order from Judge Mediation of the
district court. when he turned ii o.er
to the democratic claimant Sullivan,
and a. once appealed the case to the
supreme court. The decision on this
apt cal is now rendered. Ii re ,rrsps
Judge Mediation aud in-iructs him t.
enter judgment 10 the effect thatLoyd
was duly elected sheriff of silver Bow
county for the term beginning with
the date of the admission Of Montana
into the Union, and ending on the
first Monday in January, 1853. The
decision Is very lengthy one. cover
ing some forty-five pages OF closely
written manuscript. II Is given by
Chief Justice Blake, Associates Har-
wood and Dewitt concurring. The
denial Of new trial by Judge Nc Hat.
ton 10 commented upon adversely and
At considerable length.
The opinion next takes up the evi.
dence in the trial, quoting some Of the
testimony showing that three instead
OF five election judges were at Precinct
"a. that the polls were closed at 8
o'clock and thst everybody but the
judges Including the clerks and many
sober men who demanded admission,
were excluded from the count and
that the clerks signed tie alleged re.
turns without having written line OF
them or without having been present
when they were made up or without
having seen them until asked to sign
them. Continuing, the opinion Gays:
"All the statutory provisions reqUir-
ing the services of the clerks of
election at Precinct "a were oeliber-
ately violated by the three judges.
The clerks were selected with the un-
derstanding that they did not possess
the lawful qualifications, and that
they should not perform their lawful
duties. The poll book, which was
mentioned in the last section, was de-
livered personally by Pennycook lone
of the judges) to the clerk. There Is
no evidence to prove the ti1e when
the poll books and returns were pre-
pared, but Anderson lone of the clerks
did not affix his signature until the
unu. ual hour of midnight. upon the
second or third day after election, and
the name Of his co-clerk, Keefe, was
not visable. In the meantime Penny.
cook had visited Butte and returned,
and II is needless TO say that 1t was
generally known there from the news
OF the election which had been re.
celved, that the vote Of Precinct "a
might turn the scale In the county Of
Silver Bow and the state"
Quoting testimony Introduced at the
trial In the lower court and comment
Ing on It, the opinion saws: From
this and other evidence, which Is con.
tsined iu q voluminous record, 10 is
proved that O'Resgan, one Of the
Judges Of the election. did not dis
charge his grave public task after the
polls were closed. Pennycook aud
Morrison conducted privately the can.
vass aud excluded oil persons from .
privilege secured by the statute"
The anomalous features OF the re.
turns is then commented on, attention
being drawn to the remarkable fact
that while voters are allowed to vote
In what order they happen H. come 10
the polls, they voted at Precinct "a, %
shown by the alleged returns. in al.
pbal,etical order, beginning with A.
Anderson and ending with Robert
Youngberg! Another equally 70.
markable fact 10 that ia voters had In
oil 1905 votss TO cast and that exactly
that number Of alleged votes was cast
A number OF other equally intsrsst-
ing points are touched upon and the
opinion closed with the decision and
order In the following Language:
"Itis therefore ordered and adjudged
that the judgment be reversed With
costs and that the cauW be remanded
to the court below with instructionsto TO
enter o judgment that Jshn 3. Lloyd
was duly slsctsd shsrid of The oounty