The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-02-25
WHAT The COURT FINDS
Full Text OF the Decision Rom
dered Yesterday In the
Silver Bow Con-
test Case.

the court room was WIG WIN etttzetlS
anxious to hear Judge McHatton's deci-
sion i'm the Sullivan-Lloyd contest. The
decision was rendered promptly after
reading OF the record and was rs follows:
In this ;.,, action he court conseds. the anss-
sl'ondent To the Office of sheriff of silver bow
deserininaii"a. THa, is simply the right q ihoss
parties as between themselves To- said office. IL
I, PIE moi 81 q sa ,n'. .asu ~ E Ei,ies u , %sr's ra ri I snf l is,ii
sMsrsiss TN, risiit OF Office; but IL Is a matter OF
form, i,s duties shall held the office by AN I'm;
for a determination OF their indiv1.iual rights in
sss %,ni'%.' their Ii,si u rights s%s' IN %': %iher m maui %ls"' i IS
thsSs,Srr rights iS ss' ,i ,asi 1ss court sa %s. .iirasss iise ii'i IN ,l nhs
action, AMI every other consideration which is
court has looked only Ia the proceedings and evil
.ience in this action. the rulings Of the court
Gf the trial, have been reduced To writing. ard
, spss sGsrf ah nin; as 81 osf fn rst'a irom 2" s, the c ,s,Ts,ss; in anS
based upon them ITS CONCLUSIONS Of law. these
now. briefly stated. the ISSUE SeiWse aPi rSsse
PARTIES is this. The contestant complains that
Votes at the election held in silver Bow county.
Hl,s I. ~ ss o., ,I' Of 's said day Of 4sto,s n Isss' for ,i;
thereto, and Is entitled To hold the same. the
hc:tcs of election to respondent. and as showing
this contestant presents that although respond
FOR said office at said .ie,,i"m. "a large na.s,i,ar II
p l,sr 3. n who ssid y s@,n, for w ,ss,% M, a,,n z, ,.5,c ,is., 20
aud their votes were illegal and fraudulent, and
duet the votes Of those persons from tie whsle
number OF votes east for respondent, which, II
bero f legal votes and give linn the onice.
,o Tns . "s in :, ndis; original %In statement, AMI
of these persons disqualification and the REASONS
spondent or :t ali. lie stated that The votes Of
l.. persons who voted at precinct - for respond
that such persons were aliens who had declared
ths,r , ,m,sn o.i si.i Lef "s h 4 ae anIa,y. r ns,I M z, she fails, ais.
and fraudulent cert.n satcs. Of declarations Of
That s,icb persons caused themselves to he regis.
tered upon presentation of said certificates Ia
election Tor rcs,,"ndent. '"" N'"
s, ns assln y, . i,a. - psrssn, Sn1 , ,s,,, fer r.,
The reason that such persons had not resided In
Silver low county for 10 days Immediately b"T pr.a
cesiing. the day of said election. The court.
Exercise. of iiberaIlty. allows,i contestant to
ani + H., .h a1,s saa.f,%sn ~ ~ ~, ,,r l,,,. IN ami a ut aIs
qualifications Of these persons ana 30 others, as
made against the persons VIII" voted at precinct
The present yroc.s,iipg comes within "a special
statement the grounds of his contest with par
.isi,hr II. sl. s"nifI prna is Sn1si NJ III, hsin siai nis t ani
Respondents. should he Permitted to rest upon
so%rt has. h"@"1cr. s,y Ss"I sr%sn ID to Of The ""i parties
herein z" tls end inm rich, may Dc. dieter
Counsel for constantant seems to think tina,
rulings, that the oath provided by the laws III the
tories % he taken by an alien is addition {" hi:
DECLARATION TO- MAKE him q Yaaiiiisd ,iector, did
court Ieiierates the opinion that congress having
Montana the right to provide for said election.
ana had prescribed the qualifications az voters
ordinance for said s%icciion and That the persons
who are then .luaiiiie,i electors; under the laws
elections" I, referred ,StTs OBSERVATION-DISCLOSURES pre-,
la tlUSt. prescribed hy ;tny laws of tll. Tinted
States relating To the territory.
ron, n' the e, i u y f iniro ID rrs's Sy shc roa atla,anss
that he received at said election l.s:r Votes. aud
acrording TO tho returns m,ie by the %eleriion
@aass,: " %"nt .ss iar raa IN n" saidsnI, ss'i am abstract Is ssa
made by the canyassing board of silver Bow
spSnirnt i.ssSi Votes. according To the abstract.
which does not contain AN abstract OF IN. votes
has also introduced in evidence. the returns from
contestant receivsdo votes and respondent 10
votes tlier,,;ii; AMI ] MAY say right here that this
said precinct clearly shows the refuse ar failure
Of the canNassing board To make 2 complete
that they failed. refused or neglected tn preform
2 plain ministerial duty imposed upon them by
Much sompiain, is made by con,.s,sn, tina,
eiectiont re u o ident. I APP? a $. however, from
Tn. lire, s i,ira;,. e m,r"dnsii ~ ~ me i nIa,,e, ,l.in,,,,,ssS , 70
votes east for said Office a, said election. shown
Gates to he based upon, The ,s,Inty clerk tc>ii-
tied that the c:lnNa>>ing board ops ned the re-
turns from precinct -. showing nine votes fer
contestant and iG5 for respondent. and placed
ierei them erased therefrom. This was an I'M
warranted pr.>tinption Of power by the cam
vslssing board. and while IL il true that the
county clerk should issue his certificate ON the
basis Of information derived from the abstract
of votes furnished him hy the cansassing issirsl
such abstract to contain a complete. and correct
list and abstract of tbs. votes rs returned by the
election officers from all Of the voting precincts
In the county.
The official returns then. and this certificate
which they support. make out a prima facic case
peached would entitle linn to Judgment and the
office. The inquiry. however. does not stop here,
but contestant i efmittcd To go further and tO
show il hc can. that persons who were not quail
flied electors voted at said election for respond
ant. or that legal votes cast for contestant were
by the election officers not counted for him, ar
were counted Tor respondent. or that they
counted more votes for respondent than were
cast for him, or any other legal cause why votes
counted 10y the election officers for respondent
should be rejected. or votes east for himself
shOuld he counted and he declared elected. Con
tcsilnt offered no proof of AN Illegal Lack of
qualification charged In statement against ~ per
and whom he claimed had not been residents
OF Montana territory for six months and If silver
Bow county for 20 days Immediately preceding
the date al said election. AMI le mus, he taken
to have abandoned that cause of complaint In
his statement altogether lie relics entirely un
precincts No. ~ and -. who were aliens. had
never declared their intention befor. the CLERK of
"a court III record Al his Office. but hal made their
declarsltion OF intention before deputy clerks