The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-27
Commanding a Recanvass or the
Vote Of Choteau County
This Morning.
Provision Is Made for the Alb
senco Of Two Members OF
the Board.
The Court Says box Elder Precinct Must
He Included In the Other
Choteau Returns.

Dy buo kuprelua COGEs uifoCtiuk bhhs =
canvass Of the vote Of Chotenu county be
made was given on Saturday TO William
Rumsey, tho marshal of the court for ser
vice. He left for Fort Benton Sunday
morning. Two members Of the board are
now out Of the state. They ara Edward
Dunno and Walter j. Minar. Whether
their absence from the state cuts any figure
in the proceedings remains to be seen.
The writ is directed to Charles W.. Gray.
Edward Dunno and Walter ]. Minsr. the
members Of the canvasaing board. Alfred
Z. Rogers, clerk of the board of county
commissioners and ex-offioio olerk OF the
canvassing board, George d. Patterson,
county commissioner, A.. b. Hamilton az
SCISSOR and b. +. O'Neil sheriff. 1t directs
that the canvass be made to-day. In ease
OF the absence Of GraytDunne and Minar
the writ provides that the canvass shall be
made by the other officers upon whom it Is
served. The full text OF the document is as
follows:
In the supreme court state OF Montana: in
the matter Of the application OF Eugene
Leech for writ of mandate against Charles
w. Gray. Edward Dunno, Walter ]. Minar
and Alfred Rodgers.
The state of Montana to Charles w. Gray,
Nv DuaAlO ~ . IA WA
ssituting the board Of eanvassers Of the cleo
ton returns of the county OF Choteau, State
Of Montana, and Alfred h. Rodgers, clerk
OF the board of county commissioners and
ex-ofioio clerk Of the county canvassinR
board, and to George D. Patterson, county
commissioner. A. b. Hamilton assessor and
b. +. O'Neil sheriff, greeting:
Whereas il manifestly appears to us upon
the affidavit aud application of the relator
herein, the return and answer of respon-
dent and the testimony produced and heard
before US in open court. that the said rela-
tor 10 entitled to the relief demanded In his
afidavit and application and the alternative
writ herein. and that he has no plain,
speedy and adequate remedy atlaw; that the
said Eugene Il. Lsech, ~rslstor. Ia a party
benefieially related herein; that he is a eiti-
zen of the United States over the age OF
II years. and that he o IL and has been q
resident of Choteau county, Montana. for
over seven years last past, and that he was
a regularly nominated candidate for mem
Der OF the legislative assembly Of Montana
az the general eleotion held in said Chotsau
county ON the 9Th day Of November, A. d..
1892, and that he received q majority of
seven votes more than Alfred b. Hamilton
and that the duly certified and legal return
from the precincts in said county where
polls were open and votes cast showed that
he was duly elected to said Office, and that
you. the said Walter J. Minar, and Edward
Dunno. wrongfully and illegally struck ont.
refused to canvass or consider the returns
of said election from Box Elder precinct
No.. 10, in said county. whereby and by
reason of which said action on the part of
you. the said Dunno and Minar. it was
wrongfuily and ~unlawfully made to appear
that he, the said Eugene E. Leech, was not
elected to said office.
And it appearing to us from abstracts of
the returns made by you. and by inspection
of the poll books, returns and records of
md ralafinn tn amid Roy ElHar urApinCk M
18, that you, the said Minar and Dunno.
wrongfully and u%nlawfully excluded said
retntns from consideration. and failed.
neglected and refused to canvass, mako AZ
abstract of. or consider said returns from
said precinct. and it further appearing that
said returns were regularly and legally
made and filed and presented to you, the
said Dunno and Minar, according TO law,
and that said returns were in all respects
entitled to lie canvessed as regular and
legal returns of the precinct aforesaid, and
it fuither appearing that the said Eugene
Z. Leech is benehcially interested, and that
by the illegal and unauthorized action of
the said Minar and Dunne in the premises
he has been deprived of q substantial
right;
Therefore. we do command you. the said
Charles w. Gray, Edward Dunno and
Walter J. Minar, as the county oanvassing
board in and for Choteau county. On the
9th day of December, 1892, at the Office of
the county clerk of said county aud at 10
o'clock in the forenoon of said day, do
of the election aforesaid from
said Box Elder precinct. and that
you do make an abstract of all she votes
cast for the said Eugene E. Leeoh and
other candidates for sald legislative Assem-
bly, in said county with the returns from
said Box Elder precinct included and can
vassed as a part of the retui ms of the said
general election in and for said county of
Choteau, and with said Box Elder precinct
No. Is included with all other precincts and
returns in said county heretofore canvassed
by you may be declared elected, and the
persons having the highest number of
votes given for each Office to be filed by
the votes of said county, or any subdivis-
ion thereof. and that You, the said Alfred
L. Rodgers, clerk of said board OF county
commissioners and ex- ot1icio clerk of the
said board of county canvassers. and you,
the said Charles w. Gray, and Edward
Dunno and Walter ). Minar, board of
canvassers aforesaid, do make and deliver
in person or by registered mail to each per-
son elected o member of the said legislative
assembly at said general election az shown
by the returns. their certificate Of election,
signed by the clerk of the board of COM
m%issioners and the majority of the board of
county canvassers.
And we do further command that YOU,
the said George ID. Patterson, commits
sloner aforesaid, said A. u. Hamilton, as
SCISSOR aforesaid, and B. /. O'Nesl, sheriff
aforesaid, do attend and personally appear
at the time and place aforesaid. and that
in case of the absence of the said Charles
w. Gray, Edward Dunno and Walter j.
Minar, or any or either of them. that you
in the order named shall sit with such
members as may be present, or In case OF
the absence of all. then with yourself as
the county ~canvassinR board in and for
Choteau county, and that the eupon you do
proceed to canvass the returns of said cleo
ton. and that the eaid Alfred L. Rodgers,
Gle k of the board of county commission
ers. as clerk of the board of county can
vassers, do issue and deliver a certificate OF
election, signed by the clerk of the board of
commissioned and by a majority of she
board of county can assers.
And herein fail not at your peril.
Witness the Hon. Henry N. Blake, chief
justice, Edgar N. HARDWOOD and William IL.
Dewitt, associate ~juatioes of the aupreme
court of the state of Montana, this 24th
day of December, 1899.
w. j. KENNEDY, Clerk,
[Seal:l BY Gro. W. SpRoULE.