The Neihart herald. [volume] (Neihart, Mont.) 1890-1901, 1892-10-29

two against it-all voting. Their
was large percentage of voters il
every precinct who did not vote TO
or against the constitution. In tn
State there were 3S, 1856 votes fo
Congress and only 26,95O on th'
constitution falling off of II ,23|
votes. Precinct "a, upon the fac,
of the returns, is the sole exception
t. the rule
There was also large difference
between the actual and possible vote
of all the precincts in Montana ex
cept precinct "a. The returns O
Silver Bow county show that thi.
difference was 23,9S2-about eigh
per cent. of the possible vote. The
actual vote was 276,3S6; the pos
sible vote was 300, 1858.
XII.
The actual fraud at precinct 81 is
proved by the following facts: Five
voters Alex Anderson, Charles
Lindgreen, John A. Anderson, A
Green and John Peterson-testifed
that they did not vote for or against
the constitution. G.. Pennell testi-
fed that he voted for three demo-
Gratis and thirty seven republicans,
and did not vote for Carter or Ma
ginnis for Congress. Charles Lind
green testifes that he voted for
Maginnis and two republicans, and
no other persons. Alex Anderson
testified that he voted the republican
ticket, with the exception of one
democrat. John A. Anderson, A.
Green and John Peterson voted the
''straight republican ticket" Char
les Johnson testified that he was a
voter in precinct "a, but
did not vote, and his name is upon
the poll book as having voted.
Most of the republicans from this
testimony, should have had five
votes, yet the returns show that one
of them received one vote, four re-
ceived two votes, twenty received
three votes and ten received four
votes.
XIII.
Charles ONO and John Wilson
testified that they saw Pennycook
3,amping some ballots after the polls
we're closed.
XIV.
None of these witnesses were con-
,radicted or impeached, and this
testimony was heard in open court.
There were no ex-parte atfidavits
Ised at this trial.
XIV.
Pennycook and Morrison, the
Judges of the election, were not
present at the trial, and were absent
rom the state beyond the
each of the process of the court.
This precinct had been discussed in
he United States Senate and the
)ress of the country, every fair
minded person wished to know the
whole truth, the integrity of Penny
,ook and Morrison had been repeat
idly assailed, and when men of honor
would have rushed into the courts to
indicate their good name, they fled.
n criminal law the fight of the ac
used is evidence of guilt. =.
XVI.
The Supreme Court therefore ex
luded the returns of precinct "a
rom the vote of Silver Bow county
This case, Lloyd VS.. Sullivan, has
'een recognized as authority by one
# the most eminent law writer's of
he day. rs American State Re-
'orts, page 764.)
The obinion of the Supreme Court
# Montana has been printed in the
congressional Record, and has not
'een criticized by any of the Sena-
ors who resisted the claims of Sen
tor Sanders and Power to their
eats.
CHIEF JUSTICE BLAKE.
Democratic newspapers and speak
rs refer in vague words to Chief
ustice Blake and precinct "a.
What did he do? The Board of
;anvassers of Silver Bow county re-
ected the returns of precinct 81.
udge Blake was member of the
'tate Canvassing Board with Gov
rnor White and Secretary Walker
hey had simple legal duty, and
nder the laws in force in 1889 the
eturn of the County Canvassers was
onclusive upon the State Board.
f the Board of Canvassers of Silver
Bow county counted or rejected the
ote of precinct 81, there was a
over in the State Board to change
MS result. The action of the Board
t Canvassers of Silver Bow county
'as binding upon the State Board,
ut the proceedings of the State
'oard was not final, and there were
nree democratic judges. Honor
bic S. De Wolfe, Honorable Il. G..
'ach and Honorable Nj. J. Liddell,
'ho could, if valid, have compelled
ne counting of the vote Of precinct
4. No effort of this kind was made,
nd there was ample time when legal
could have been had. If |
lere had been any statute which
ad been violated by the State Board
Canvassers, democratic lawyers
'ould have been prompt to avail
of the fact. The mere