The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-17
DEMOCRATIC POSITION.
An Answer Filed in the Box Elder
Case for the Can
vassers.
Leech,s Counsel Demur to It, and
Ask for a Peremptory
Writ.
the Case II Argued and Taken end
Adjustment by tho State SUI
preme Court.

The Case - argued Ahu A"Aou Ihuo
Advissment by tho State SUI
preme Court.
Whom she Box Elder contested election
Gaze was called at two p. m. yesterday,
In the supreme court, Judge Wade
and Ella L. Knowles, counsel for b.
n. Leach. the republican contestant,
Aled 4 demurrer to the answer of the Cho-
Q county canvassing board to the effect
that the answer did not state facts sufficient
10 constitute a cause Of action. A motion
was also filed by Leaoh's counsel for a per
emptory writ Of mandate on the answer.
George +. Shelton. of counsel for the can
wasting board, moved the court for sufn-
cient time to prepare authorities on the
demurrer and motion and for II. b. Smith,
his ~co-counsel, who was trying a case in
another court before Judge Hunt, and en-
gagged in an argument to a jury. an oppor-
tunity to be present. The court ruled that
the demurrer and motion must be heard Mt
once and refused any continuance. The
case was then heard upon the demurrer and
motion.
The answer OF the canvassing board is BY
protestation and valves none OF their rights
in the premises. 1t denies that Leeoh re-
ceived a majority OF votes over Hamilton,
the democratic nominee; denies that the
canyassing board illegally struck out or
refused to- canvass the Box Elder returns,
and that by any action of the board 1T was
u~nlawfully made to appear that Leech was
not elected; denies that the returns we're
unlawfully excluded; denies that any re-
turns from Box Elder were regular, or le-
pally made; denies that said board of can
yassers, or said clerk, in defiance of the
right OF the relator. or wronRfully or I'M
lawfully, failed. neglected or refused to
make, execute or deliver to said relator
any certificate of election, to which he was,
or ever has been entitled, in any manner
whatever, or at all; denies that he was ever
entitled to any certificate of election.
The answer thus continues; AND TOT a
further and second defense these respond
ents aver the facts to be that the said re-
spondents, Charles w. Gray, Edward
Dunno, and Walter j. Minor. together with
Alfred e. Rogers. county clerk OF the
county of Choteau, on the 10th day of
November. 1892, met at the county clerks
Office. at Fort Benton. Choteau county,
Btdt VA nACAuhhds - RAOSSeNSS ~ $500
up the election returns of the several pre-
cincts in said Choteau county. and adj
iourned from day to day until the I'D day
Of November, 1892, and canvassed all the
legal returns from the different precincts IN
said Choteau county, and having fully can
vassed all the returns of all the precincts.
the said respondents, the canvassinR board,
and the said clerk of said board, having
finished their labors, on the 23d day OF No
vember, 1892, met to-wit, Walter j. Minor
and Edward Dunno, composing a majority
of said board, together with Alfred r..
Rogers, clerk of said board, and signed
certificates of elections for persons receiy-
ing the highest number of votes for their
respective Offices. and on said date. and at
said time, having no further business TO
transact. the said canvassing board ad-
journed without delay.
That Alfred B. Hamilton, a candidate
for the legislative assembly, in and for the
for the county of Choteau, was found by
said board, upon an examination, to have
received a majority of all the legal votes
cast at said election for such representa-
tive, and upon q full and complete canvass
of the returns ii was found that the said
Alfred f. Hamilton and the said Thomas
G. Burns, having received the highest num-
Der of votes cast for representative in the
general assembly from Chotesu county, re-
ceived a certificate of election to that Office,
which said certificate has been delivered to
the said Thomas G. Burns and Alfred B..
Hamilton. and they, as respondents are
informed and believe, have entered upon
the discharge of their duties as such repre-
sentatives.
= That no returns were received from said
Box Elder precinct No. IS. certified and at
tested as required by Law. for that it ap-
peared that the pretended returns which
are now claimed by relatur to be the official
returns from said Box Elder precinct No.
18, did not putport to be returns from any
precinct whatever. and they did not pur-
port to be returns from any election held
at any place. in any precinct, or in any
county; nor did it state when the election
was held. either the day, month or year;
nor did it state the number of votes re-
celved by any person, or annexed to the re-
Bpective names in the name required by
law; nor were said returns certified by the
clerks of election. or attested by the judges
thereof. That it was impossible for said
canyassing board to ascertain from the pre-
tended returns presented TO IL. the legal
votes cast for the ~relator, Eugene e. Leech,
or for the said Alfred b. Hamilton, or for
any other person voted for at said Box Ell
der precinct No. is. That said pretended
returns consisted only OF a liss of names,
purportlng to be the names of persons vot-
ing at said Box Elder precinct. That a
majority OF said canvassing board. to-wit,
Walter j, Minor and Edward Dunno, and
the clerk of said board, Alfred E. Rogers.
were personally familiar with the names of
persons voting, or pretending to vote at
said Box Elder precinct, and returned to
said canvassing board as the returns of said
election. That there was returned with
said pretended returns as Il part thereof a
list OF tina persons registered at said Box
Elder precinct No. Is: that it appeared
from an inspection OF tho registration list,
and of the list of persons returned as yot-
Ing at said Box Elder precinct No. l8, shat
eight persons or eight names appeared upon
the list OF persons voting, which said eight
names did not appeart to have ever been upon
the said registration list. That said can
wasting board, and the members thereof,
were familiar with the names and nation
alities of most of the persons voting, or
pretending to vote, at the said Box Elder
precinct No. IL, and returned to said board
as having voted at said precinct, That
from the name and list so returned from
said precinct 1t was apparent to the said
canvassing board that twenty-five persons
voting at said Box Elder precinct were full
FLOODED Indiana and half-breeds, at least
eight OF whom were citizens and residents
and subjects of the queen of Great Britain
and Ireland, and residents of the Northwest
Territory; which said fact, from the names
Naturned to said board, was apparent upon
gre face ef the said pretended returns,
mat the remainder of the aaid Indians and
half-breeds living on the American side of
the international line, and voting at said
precinct. to-wit. II, RI these respondents
are informed md yeriIy haliava xua,o not