The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-10-28

time when the poll books and returns were
prepared, but Anderson did not nfix
his signature until tho unusual
hour of midnight uion this
second or third dny after the election, and
the name OF his no-clerh, Keefe, WAS not
visible. In the meantime Pennycook had
visited Butte and returned. and IL 10 nsed-
less to say that it was generally known then
from the nowa OF the election which had
been roceiyedethat the vote Of Precinct "a
might turn tho scale Ia tho county Of silver
bow and thu state. He waa compelled TO
make another trip to Butte and cn id the
poll book, which for som tnexplicable rot
son had not been put in proper form az
promptly rs the law dem tnds."
In the foregoing the fRct that
Clerk Anderson did not atfix his aignasGre
until the nuuaual hour of midnight, when
churchyards ynwn and hell itself hrsathss
forth contagion to the world" does not in
this country appear very fearful, but this
further facts commented Oh tell strong
against Pennycook. Peunycook's visit 80
Butte before making up his retnrns looks
bad. II is much to be ieared that Penny
cook and County Canvasaer Jack were
doing close figuring and very wicked work
during the .inexplicabla" delay in putting
the poll book in proper form" as the law
demands. The vote of the precinct
democratic instead of republican,
and it being impossible TO af-
feot the result of the election by any
minor manipulation of the retu ms. il be-
came necessary to fall back on their vii
famous reserve measure and throw out the
precinct. As a pretext il was only neces-
sary to cRuso some Irregularities to appear
in the work of the election officers.
Thereupon Campbell, attorney for the re
publican contestant in Silver Bow county.
wires Power Oct. 1.-THE date the Silver
Bow canvassing board mst-that Precinct
"a would be thrown our. Abont the sumo
date the Billings Gazette (republiean) be-
trays a plot to make Sanders and Power
United States senators by means OF throw
ing cut Precinct 81. The Gazette may have
have had good facilities for getting reliable
points, Paul Mccormick, an intimate busi-
ness associate Of Power, being the Yellow
stone member of tho state republican com
mittso.
The precinct was thrown out by the
county canvaasing board Oct. IA, and
County Canvasser Jack left for Scotland
OCT. 15, followed some time after by Penny
cook.
Judge Blake further says: "Pennyoook
and Morrison. who must possess the best
evidence upon all the issues concerning the
vote of Precinct "a, were not put upon the
stand. Through the remarks of oounsel in
thu argument. we learn that Pennycook,
during the trial, was Ia Scotland and Nor
rison was IN Colorado"
The Judge naively continues: "This case
in some of is phases has invaded the senate
,''-pray for what other purpose
had the plot been ooneocted-"and the ma
t~sriality of their testimony can be readily
understood. But the subpoena of the ap.
pellant could not compel Pennycook and
Nor rison TO appear before the court and
tell the truth"
IL oan be readily understood that the
materially Of their testimony might have
been damning TO republican psottets and
that the farther ava they were from Silver
Bow county the safer were the p!otters.
Judge Blake's last quoted remarks convey
a tone of sadness, of weariness. much as Il
the action of the territorial returning board
was boinR sustained at the cost of a terrible
strain.
In this case the lower court had found
"that no fraud was committed at Precinct
"a by the election officers or others; that
such Irregularities as occurred thereat were
without fraudulent intent and resulted in
injury to no one. and did not affect the re-
suit or the fairness of the election; that all
voters registered for said precinct who ap-
peared to vote were permitted to vote;
that no intimidation or undue influence
was exercised or attempted upon the voters
by any one; that tho said Judges and clerks,
nor neither of them. did not mark any bal
lot after its delivery by the voters to the
judge of election. nor were SAID ballots
marked by the judges of election in any
manner, except by the officers Stang
placed thereon before they were delivered
TO the voters; and that the said returns
from the said Precinct 81 express and show
the true and correct result OF the election
held thereat."
Jude Blake reverses the decision of the
lower court and leaves the republicans in q
dilemma. On the no rs of this dilemma
they are bound to hang themselves.
If the proceedings of the lower cou' t are
correct, Pennycook escapes with some lit.
tie credit and the canvassing boards are
damned.
Ii the decision of the chief justice is right
q republican plot WAS formed previous tc
the election. to control the vote at Precinct
"a and to throw out the vote of the preoinct
if circumstance require 1t; TINT the plot
was EXCUSED by republican election anc
|, canvassinR officers; that these officers al
solely responsible for the fraud committed
and that they. contrary to all principle o
Justice, take advantage OF and profit b,
their own wrong.
The state has suffered under this iniquit,
and the time of retribution is Mt hand
Tho republicans are doomed to defeat a
the polls Nov. 8. Remembering hat thu
next legislature will elect a United StateI
senator, bury the republican legislative can
didates and all candidates who aided thu
contamination Of this iniquity, under suci
q democratic mojority as to leave no hop
for their resurrection. Over them erect tn,
! following memorial:
a
In Memoriam. 4