The Helena independent., 1892-04-12
A RECOUNT is REFUSED.
The City Council, BY a Party Vote,
Settles the Browns jackson
Contest.
It Is Held There Ia Nothing to
Justify Opening the
Case.
The New Second Ward Alderman Hns
Now Taken Ms Seat and Cast
His First vots.

Now Taken HIS Seat and Cast
His First vots.
The city council last night. at meeting
called for thar purpose, took UP the Second
ward aldsrmanic contest between Barnard
Brown and q. w. jackson, and decided by
strict party vote Of those present not to
recount ths ballots. This ended the eon-
test SO far AZ the present council ID con-
cernsd. Mr.. jackson, who was running for
an unsxpirsd term, and whose majority on
tho face Of the returns wes four votes, had
been sworn in during the day by City Az
tornsy Craven, and his name was oallsd on
the roll with the other aldermen. Alder
man Steele objected to this. by what
right" no asked, has the name Of Mr..
jackson besn called? There il CONTEST in
this case" Mayor Klsinschmidt said Mr..
jackson had been sworn in during the day.
his election appearing on the face OF the
returns as oanvasssd BY the council 1t the
previous meeting. Alderman Steele de-
mandsd to know who was the judge Of tina
election, and declared that all alder
men heretofore had taken the oath
Of Office in tho presence Of
the council. The republicans could
60 behind the returns when convenient;
when not convenient they could not 20 be-
hind the returns. Alderman Ihompaon
said there there was no Law regulating
where the oath should be taken. Taking II
before the council was a custom and not a
law. Where there is no law" exclaimed
Alderman Lissner, "it is custom that makes
law" Mayor Kleinsohmidt explained that
Mr.. jackson had been entitled to his Ger
tificate on the face Of the returns. As he
filled an unexpired term hs took his seat At
once.
T. J.. Walsh. attorney for Barnard
Brown, was invited to state the case for the
contestant. He asked whethsr anything in
the nature Of an answer had been filed.
The city clerk said there had not. Mr..
Walsh then proceeded to state that his oil
ent claimed errors had been made in count
ing the vote Of the Second ward. He un-
deratood that there was no regular course
provided for settling the matter. In order
to have the mistakes corrected he thought
the ballots should be produced and count
cd. If no error had bson made his client
would abide by the reBult.
Mayor Keinsohmidt said the council had
taken the sworn returns of the Judges,
passed on them, and issued certificate to
O. w. jackson. Now, il there was any
his seat, it was proper for Mr.. Brown to
show it.
Mr.. Walsh then desired to submit the
ballots themselves and read numerous au-
thorities in support of his position. He
held that each legislative body was the
judge Of the election Of lis own members.
All authorities we're to the effect that the
ballots were the highest and best evidence.
Aldermen Thompson and Wilmer con
tended that there were no grounds on which
a contest could be based. Mr.. Brown
simply said he believed certain things. He
produced no prosf warranting the belief.
Alderman Steele aaid tho truth of the
matter was some votes had been thrown
out. The judges thsmselves said that some
ffty-two votes had not been counted. They
had acted according to their best judRme eat
and believed they wore doing. their duty.
But they had been in aome doubt them-
selves about the ballots that were thrown
did not know who Was affected by the re-
jectsd ballots. But whoever was elected
should have the seat. He moved that the
ballots bo brought into the chamber and
counted.
Az a substitute Alderman fuller moved
tuAt ta0 I09uEuh db AuANS W sAo Juuke6 ANu
canvassed by the council be considered COR
rect and final.
Mayor Kleinschmidt said this WAS not q
question as to whether a democrat or q
republican was to be seated. The action OF
the council on this case would serve as a
precedent for the future. The contestant
charged no fraud. Thors was no evidence
that anything was wrong. Such being the
case he did not see how the tounoil could
90 behind tho retu ms.
City Attorney Claven was asked HIS opin-
ion as to the councils right to recount the
ballots. He said it could be DONE but in
the absence of any proof supporting the
allegation of confusion or mistake, it was
for the council to decide whether it should
be done. He thought,. however, there
should be some introductory testimony
supporting the allegations of the complaint
and leading up to the recount. In reply Ia
question Of Alderman Steele, Mr.. Jack
son said he was willing to have the ballots
recounted.
Lawyer Walsh was allowed to speak to
the motion Of Alderman Fuller. He said it
would bs cutting his client off without al :
lowing him to produce any testimony at
oil. That was not judicial proceeding.
In the namo Of honest eoyernment in this
city he asked the council to try the case
with judicial fairness and honesty.
Alderman Wilmer called attention. as a
precedent, to the action of tho council in
refusing to recount the votes in the Sulli l.
van-Kleinschmidt contest ak years ago,
whom Col. Sullivan had three majority OH
the face Of the returns for mayor.
Alderman Fuller changed his motion to
read that the returns made by the judges
be considered correct and that the council
decline to recount the votea. Alderm an
Steele demanded the ayes aud noes, saying
he wanted to know if the republicans were
afraid to count the ballots. Alderman
Lissner moved to lay the motion on the
table. This was defeatsd by yeus 4-Lsa-
nar. Steele. HartwiR and Ha,rity; nays g.
Fuller, Gamer, Reccs. Witmer, Weber and
Thompson. Alderman Fuller'a motion was
adopted by yeas 6-Fuller, Gamer, Reece
Wilmer. Weber and Thompson; nays A.
Lssner. Steele. Hartwig and Harrity
Mayor kleinschmidt remarded, ''That ends
the CONTEST
An ordinance was then passed appropri.
nting $4,000 to furnish the auditorium
building, Alderman jackson casting his
lrst vote on that measure.
The p eRent council winds up its otficin
existence at to-night's meeting. Aldermen
Kline, Steele. Hartwig, Gamer, Witner and
Thompson retire.
For rs cents you can buy pair of fast blacl
seamless. Heavy ribbed hose sizes six to ten
worth 10 cents, at the Bee Hive.
s-s
gloves at Mrs. =. A. Tisher's Every pai,
fitted to the hand.
& a 1sAtr -, -