The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-02
ONE LAW FOR ALL.


The registration at precinct "a was
admittedly legal The agent belonged
to the republican party. The election
was honestly and quietly conducted. We
have in proof the sworn statements Of
all three election judges and both clerks.
OF the judges, two were republican.
The returns were in due form. Affida-
Wits prove it. They were handed to the
legal depository. His affidavit declares
the fact. The illegality began when the
county canvassing board met and con-
stituted themselves, in defiance of law
and justice, judicial tribunal. They
refused to open the ballot box from pre-
cinct "a. They refused to include in
the vote of Silver Bow the lawful and
duly certified returns from that precinct.
Their rascality was equalled only by
their consummate cheek. But the decis-
ion of the district court in the man
damus proceedings came as temporary
drag to clog the wheels of their illegal &C.
ton. From that decision we have al
ready quoted. It's tenor was supported
by previous verdict Of the supreme
court of Montana, through Judge Hi
ram Knowles its spokesman. The case
was that OF Chumasero vs.. Potts, and
may be found in two Mont. 27O. The
canvassing board itself will not deny the
republicanism OF Judge Knowles, man
whom the party has delighted to honor
At present he is United States judge for
this district. He is an able jurist and
must be inspired with supreme contempt
as he thinks how the backbone of the
supreme court of Montana has become
attenuated since his day. We quote
from the decision of the district court of
the second judicial district.
speaking on the very question Of the
power of these canvassing boards, and
in proceeding in mandamus like this,
the court, by Judge Knowles, says:
This is question that the canvassers
Of the return of the abstracts of the
votes had nothing to do with. It was no
part of their duty to determine what
was the true and legal vote cast. What
they were required to do was to deter
mine what the abstracts of the votes re-
turned to them showed upon this sub
ject. As they have no right to 60 be-
hind these abstracts, they have no right
to assign, as reason for not canvassing
the true abstracts, that there was an
illegal and fraudulent vote behind
them
If such an issue was allowed to be
raised when the question was, whether
an election officer should or should not
canvass election returns, every single
one of them, down to the judges OF cleo
ton, might raise the same issue, and
there would be clog upon our whole
political system. Officers, whose duty
by law is to canvass returns, have no
other legal duties than those to perform,
and as it would not be within the prov
lnce of the proceedings in mandamus to
compel them to go behind the returns
and determine the actual legal vote
cast, SO they cannot set up what in law
does not concern them, as officers, as a
defense when they are required to dc
what does concern them, as officers, UNI
der the provisions of law"
These are terse and weighty words
They have been enrolled upor
the legal records of Montana thes,
many years. During all that time the,
have been good, solid, republican law
Is there to be one law for republican!
and another for democrats? Is justice
to be dragged through the mire by am
bition-ridden partisanship? Are dull,
qualified voters to be robbed of their le
gal rights at the beck Of grasping sen
atorial aspirants? Are canvassine
boards to arrogate to themselves powers
the law expressly forbids them to WELD!
Is the ballot to be confessed sham!
Is the freedom of thought to be denied
to men, whose work is one OF the main
stays of the west? Not while there are
honest men to repudiate by their votes
the actions of the Silver Bow canvassins
board and the schemers who instigatei
their illegal action. Not while the bal
lot confers on democrats and republi
cans the right to hurl from power ever,
man who was concerned in this bastard
ly steal. It is the honest voters O
Montana to whom w. w. Dixon will b
indebted for his election to congress thi
fall.