The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-09-26

in Silver Bow county. Ihelr Work Occu-
pied Friday and Saturday and was ,ad-
journed until Monday.
Monday saw an influx Of gentlemen
learned in the law who, on behalf OF am-
bilious republican leaders, came before
the board to show cause why the votes
OF ia American citizens should be
trampled under foot. The murder was
out. It was sei-evident that, il pre-
cinct "a were counted, the democrats
would have majority in the legislature
Of the state. In this board they found
willing tools for the accomplishment of
their nefarious purpose. Such board
was clothed with none but ministerial
duties. The judgment of good repub-
lican judge is voucher for the fact. It
had no judicial duties to perform. But
in spite OF all this it is matter of fact
that that very board proved false to
their duties and threw out the entire
vote Of precinct "a.
On what grounds did they do it? On
grounds that were flimsy, that found
sanction neither in law, reason nor prec-
edent. They did not dare to say that
the votes we're illegal, that any one voted
who ought not. Proof, affidavit or evil
dence of any kind there was none to inn
pugn the right Of single one Of those
LIZA men to vote.
Their first objection was a purely
technical one. What purported to be
returns from precinct 81 we're not re-
ceived by the clerk Of the county board
OF commissioners in a registered pack
age or by mail at all. This the letter OF
the law required. And yet they knew
that one Of those three judges, two Of
whom were republicans, took the sealed
package containing the returns, and
personally handed it to the county clerk
of Silver Bow county. We have already
explained that mail facilities did not ex-
list, but whether they did exist or not,
does that constitute reason for dis
franchising liza voters, some of them
republican votes? Next, that the re-
turns showed upon their face that they
we're not made out by the clerks OF
said election at said precinct; that they
we're not certified to by said clerks, and
their signatures attested by the said
judges of election. There is the affida-
Wit Of one Of said judges, and the affida-
Wits Of both clerks, to prove that said
clerks were working men, unskilled pen
men, and that they actually requested
one Of the judges, who was better
penman, when they came to make ur
these returns, to perform that duty TO,
them. The judge did 80 in theil
presence.
The returns, it was further urged
were not certified to by said clerks and
their signatures attested by the
judges of election. So the law required
How much is the objection worth? The
returns, that ought to have been signed
by the clerks and attested by the judges
we're signed by the judges and attested
by the clerks. Deadly difference +! The
signatures we're all there, under proper
certificate that the returns were just and
legal, proper and right. The explana
ton is of the simplest. The blanks
furnished by the clerk of the county
commissioners had columns with proper
headings. At the bottom OF the sheet
was in brackets "for Judges ''for clerks.
On the left hand corner was printed the
word latest" It is terrible to think
that these clerks at precinct 81 wrote
their names opposite safest" and not
below it, and the Judges signed above it
For this were ia voters robbed.
McCrary is somewhat Of an authority
on matters of this kind. ".The officers oil
election are often men unaccustomed tc
legal proceedings. Omissions and mis-
takes in the discharge of their ministe
rial duties are almost inevitable. i
this house shall establish the doctrine
that an election is void because an off
Ger thereof is not in all respects dull,
qualified, or because the same is moi
conducted strictly according to law
Notwithstanding it may have been {
fair and free election, the result will bt
very many contests, and, what is worse
injustice will be done in many cases
It will enable those who are so disposed
to seize upon mere technicality in order
to defeat the will of the majority" A
Daniel come to judgment!
Boanerges Sanders Matched the mex
objection. More than sixty of thest
men, he SAID, we're not qualified to vote
$ because they had failed to comply with
an act of congress, requiring aliens be
: fore voting to take the oath to supper
: the constitution. The law Of Montan'
. makes no such limitation. For % year
men had voted unchallenged, withou
taking this oath. This squeal was un
< worthy of Sanders reputation. Men wit
. precisely the same qualifications voted u
every precinct through the territory
Are twenty-fi five years of continuous prac
: tice to account for naught?
We have the remarkable" poll lis
: that was returned with the official &C
count to the board Of canvassers. TIL
names were set down In alphabetical OF
, der. The law OF Montana requires tina
poll list shall be kept by the clerk AM
the names written upon it as the voter
deposit their ballots. Men do not vot
in alphabetical order. Admitted An
> here for the first time we draw an infer
= ,noo, oyorx,%h;rr q, far I,oon fac%s ewor