The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-11-12
Announcing THE AESULT
The State Treasurer and the United
States Marshal as a Can
wasting Board.
In the Presence Of the Governor
They Will Count the
Votes
The Returns From Lewis and CLARKE
County Will be Cast Up To-Mor-
row Morning.

The canvassing of the returns for the
congressional election in Montana will be
done by State Treasurer Hickman and
United States Marshal Furay in the pres
ence of Governor Toole. II will take place
as soon as the county canvassing boards all
make their returns to the state auditor,
which the law says must be done within
fifteen days after election. The state can
wasting board must do their work within
thirty days after the election. The above
programme, in the opinion Of Attorney
possible under the law. The canvassing
board last year consisted of the governor,
the secretary and the chief justice of the
territory. But the law which mado these
officers q cauvassIn9 board expre ssly pro-
vided that il was for that OCCASION only.
There being no other law on the subi3ct the
the revised statutes applies. He bases his
opinion on the following provision in the
Australian ballot law:
"All returns Of such elections shall be
made out and canvassed and certified to
according to the election laws of Montana
then in force. and abstracts OF votes shall
be made and certificates Issued accord
ingly."
No other law having been passed on the
subject, section l,O34 is held to cover the
case in the following Languages:
1.-THE clerk of the board of county commits
sioners, Immediately after making out the
abstract of votes given in his county, shall
transmit the same by mail as registered
package to the auditor of the territory at
the seat of government, and it shall be the
duty of the United States marshal and trea-
surer of the territory, in the presence OF
the governor, to proceed, within thirty days
after election, and sooner if the returns be
received, to canvass the votes given for del
gates to congress; provided, that in case
the United States marshal and treasurer
cannot agree as to the number of votes that
two or more persons are entitled to for del
egate to congress, then in that event the
governor shall decide who has the highest
number of votes, and shall issue certi6-
cate of election to such person, under his
hand and the seal of the territory, counter
signed by the secretary"
According to that section the state treas
urer and the United States marshal act as
the canvassing board. They are to do their
work in the presence of the governor, who
has no say unless the other two disagree.
1t is not expected that there will be any
disagreement, however, in view of the fact
that Dixon's majority is over 800, and may
go nearer 400.
The county canvassing board will meet
tomorrow morning at 10 O'Clock to cast up
the vote for Lewis and Clarke. All the re-
turns are in and waiting for the action of
the board. The territorial law under which
the county canyassers act is section 1,O33,
which says:
after the fifteenth day after the close of
any election held under the provisions of
this charter, or sooner if all the returns
shall be received, the chairman of tho board
of county commissioners, or in his absence
any other member of the board, shall, tax
inc To hia aSsiatauce the Drohat a indCa Or a
the county, or any county officer, proceed to
open the returns and make abstracts of the
Yote..,