The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-04-09
The COUNCIL TO DECIDE.
Barnard Brown Serves Notice to
Contest Jackson's Election as
Alderman.
A Special Meeting Monday Night
Will Consider and Pass
Upon 1t.
The Contractfor chnirs for Auditorium
Divided RsAween Helena niddsra-
Architeota' Bill Paid.

Barnard Brown served notice on tho city
council last night that he would contest the
election OF o. w. jackson, AZ alderman
from The second ward for the short term.
This notice said that the canvass OF VOTES
for the short term alderman on Monday
last gave jackson 176 and Brown liz. The
notice claimed that the returns did not *
nctly state the result; that the Judges neg
lectod to count dfty-tWo ballots, the major
ity of which are claimed for Brown; and
that the judges became confused and made
errors. For these reasons a recount OF the
ballots il asked and a request ia made that
the certificate issued to Jackson be an
nulled. Tbs notice wss signed BY 4. q.
Bach, r. r.. Smith and q. J.. Walsh, coun-
>sel for Barnard Brown Mayor Klein-
schmidt said it would be neoss-
sary TO give notice to the
parties interested and to hold
q special meeting to act on the CONTEST.
The judges and clerks who acted in the
Second ward should be cited to appear ut
the meeting. On looking over the ordi-
nances, the mayor said he could find
nothing which authorized the council to
order the votes r%ecounted. However, this
testimony OF persons present who saw the
counting could DO taken, Alderman Steele
asked AZ 4 matter Of information whether
ii destroyed the entire ballot If the names
Of the candidates at the head of the ticket
were scratched of. Mayor Kleinschmidt
Eaid he thought such a ballot would be de-
stroyed SO far as the candidates for mayor
were concerned, bnt that tho names Of
other candidates properly marked with 4
cross would not DO affected. The special
meeting to consider the contest was fixed
for Monday night.
The special committee on selection Of
chairs for the auditorium reported through
Alderman Harrity i'll favor Of the following
purchases: From j. b. Sanford. TO birch
wood, tan-colored thcater chairs for tho
RAllcry, at $2.17 each; from A. y. III. Hosom
and A. P. Curtin, 1904 brentwood, antique
mahogany stain theater chairs at 1885
each. for the main door. and 100 plain oak
port was signed BY all the committee except
Alderman Thompson. He agreed with the
report so far al the gallery and stage chairs
we're concerned. but recommended the use
Of the A. II. Andrews (Chicago) chair for
the main Hoor at $2.45 each. He offered
his minority report as an amendment. This
brought Alderman Lissner to his feet. IF
! had q nerve like an iron horse and a cheek
like a government MULE he said. II would
atill not have the face to vote against our
W mefcnanC6.' lie claimed that A., T.,
Curtin and ]. B. Sanford paid back in taxea
in 9 year more than the chairs cost. He
wanted the money to atay in Helena. Aid
erman Thompson said he knew no ons that
the iron nerve and the cheek Of brass fitted
batter thar the man who fed the city pris-
oners. Alderman Wilmer favored the
Chicago chair as being better for the money.
Alderman Steele believed in living and let
ting others live. He was glad the majority
of the committee saw tit to favor home
merchants. The vote on the Thompson
amendment stood yeas five-Harswip.
Resoe, Wilmer, Hanley, Thompson;
nays fve-Lissner, Steele, Fuller,
Gamer and Harrity. Alderman Kline
asked to be excused and refused to break
the tie. claiming he was unable to decide
between the two chairs. Mayor Klein
schmidt, for the first time during the gear,
exercised his p~rerogative and broke thu tic,
He voted against the Thompson amsnd-
ment, deciding in favor of the Curtin chair.
The majority report was adopted, Alder
men Thompson and Wilmer alone voting
no. Alderman Thompson, as head Of tho
ordinance committee in the absense OF
Chairman Morris, refused TO draw an ordi-
nance appropriating money for tho chairs.
''srhs clerk is directed to draw it, remarked
ton Of Alderman Fuller.
NJ Mayor Klainsohmidt ealled attention -
Aha fact that tha indnct;nn ;nto f. :" -
nldermer vonjd taLa ,isna - tha 800 =
T,..da. IL Az -anth Ca nc nas;-1 ~
1850 - ~ n'nn.' ~. ~ reluk eAe