The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-05-22

800.
amended to CONFORM 10 the Woci. Il the
court below had sustained this objersi0n
q ,ss =, ,ss nps;SnS s;sS *, sor
the xune issue would have been heafd and a.
termined. But We think that the 6iAl Was con-
: a,mted upon the correct theory and interprrta'
This View Is entertained by distinguished
lawyers, Whose opinion upon The iss,le insclsed
s 9s, + % sIs.s :
April !, iSo, In the senate of the United stAfes
regarding this matter and said: ~ had Intended,
70 refer to the opinion Of the court q the ssae q
in cause that was properly before 4 concernins
N which the " Whole a as" santes q ss ssa % ssrs"
JSdicisliy & found and F deserm,insS. ss Si IN The sse
I February. % The s"Sr sat % %akes % curtain "i SSsinss
They are very interesting, of course not binding
on the senate, hut certainly persuasive as I be
contest before 1t In case pleaded 70 issue, and
which the issue involved the integrity of those
polls" Cong. Record, Vol. 81 y. 3ios. The
the % SoaoraSs % s1atsr, Or Who % In. % Sias lop he rs
spondent. Wehave carefully read every speech
aud document relating 10 the admission of the
pression Of dissent from the remark regarding
the issue to be investigated by the court below.
When We reflect that every observation In that
high body Of Legislators attracts searching and
intelligent criticism, the unanimity upon this
point Ii convincing.
The branches u this extensive examination
may be treated In four divisions, and We will dis
cIiss In the nrst place the conduct Of the ofccrs
of the election In precinct - and the statutes
governing them.
II appears that there were three persons who
served as Judges Of election, w. =. Pennycook,
John Morrison and William O'Reagan, the first
two named being appointed as Republicans and
the last as "a democrat. The state requires the
number Ia be 1--WE, and that vacancies shall he
filled ON the morning of the election by the vot-
ers. sts. ish sess. y. ito, sec. "a, Conn sts.,
"The said jn,lg,s shall choose two persons
having the same qualifications with themselves,
to act ms clerks of the election." Comp'd Sts., 8
Okeefe were evidently selected for this purpose.
Anderson. the sole ofAcer of the election who
testified at the trial was called by the respond,
ent
The court here quotes the testimony Of
Anderson upon the trial. The duties
which the law devolves upon the clerks
of an election are set forth at length. The
court then resumes:
All the statutory provisions recurring the ser.
vices of clerks Of the election at precinct ~ were
deliberately violated by the three Judges. The
clerks were selected with the understanding that
they did not possess the necessary qualifications
ties. The poll book which Is mentioned In the
last section was delivered l psr.onally by rsnny,
turn were prepared, but Anderson did not ailix
his signature until the unusual hour of midnight
upon the second ar third day after election and
In the meantime lennycook had visited lutte
and returned, and II Is needless Ia say that II
was generally known then from the news ~ the
election which had been received thai the vote
of precinct - might turn the scale In the county
of Silver Bow and the state.
John Wilson's testimony upon the trial
is then given to the effect that he had
heard Pcnnycook tell Charles ONO Ia
leave the polling place at . 10 y. IN. ONO,
testimony corroborating this 10 alss
quotesl. IThoanas Mc('ann's trstisuouu
that the door was locked and he could
not get in; Dennis O'Neill's Testimony
that Pcnnycook told him he would not lei
the men ia because they were drunk, and
he knew they were not drunk, follows:
From this and other evidence which II con
tanned In "a yolnmnons record and canned ~
quoted at length, IL Is proyedfhai o'Reagan. on'
Of the Judges of the election, did not di>clarg,
his grave public task after the polls were closed
Pcnnycook and Morrison conducted privately III,
| canvass and excluded all persons ffum priv
| legc secured 10y the statute. The testimony doe'
mt prove that one citizen ever SAW a ballot pro
dnced from the hoN ~ this precinct, or heard 4
read or tailed. There was IN puhlc canvass
The record does not disclose any reason for III,
nSshl'' 's ,.'n 'i ,,i - VI Wv Wv
ispof anu irslshsinnltN, wnhh siluii" nt' m'i
shared by Ave Judges and two clerks ~ the rlec
'lnh. ihe r'fuh.ar nl lin, ,'tutns - hf'guiaf
lIhe rr'ih,hlr iohMsh in' statute, ,p"n, ~
pulfrs tlr clerks 70 rei,is aii'i Tue lhsrs 10 al
| test the number of votes received 10y each Is'r
son. -
second: We VIII now continent upon Tue AN
nnhlous features oi w. Iriuins ol licln'i ~
lhr statue pf"Nh'N ulh' thf mun' "i rhtil
| elritnr shill ~ Nfnnuun''u WIN an niriiil'
| hprr ny the l'lhsss 10 Mlnii ms t'krt may "
li1N cred before the same shall br pui IN th,
bon, ana "lnt clerk oi tlr rleriioh Shall enter
ll' hiiht oi Tue rie'iof hihi huihpcf ~ lie ls'i
| book, Inc .otes ~ thr pfrrlnrt were mum
hrrrd rnns'|uthtN it"in un ~, ana iir lsl
bpuh shows tIat thry rhsi thrli hiill"is w III
| following rrinnrkall" order: ihr thrrr Judges
the Two clerks ana thc REMAINDER ~ alphah.tiid