The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-17

edge, from the records of said Choteau
county, a from the registry list returned
to said canvaRsinG board, mud the said pre-
tended returns OF election. that one John
p, ecinct, and that the said John Henry was
also registry agent at the said Box Elder
Precinct No. IS; that from the said list az
returned to the said respondents, and from
nm inspection OF the pretended returns and
list of voters returned from the said pro-
cinct. ii was apparent that the said John
Henry, amt the other judgea OF election At
said pi ccinct, returned to said oanvassing
board eight names of voters, which aaid
eight namea did NOS appear upon the regis
try list. nor upon the check lists trans.
! mitted to the board of county commission
ers in connection with and as a part OF the
election returns, as provided by law.
That No the respondents ara informed
and believe the said judges OF election did
not enclose and seal one OF tho poll books
under cover and directed to the clerk OF the
boatd of county commissioners OF Choteau
county, nor was She packet thus scaled. or
any packet. within three dayA Of the clos
ing of the polls conveyed by n of the
judges of election, or one OF the clerks OF
election, to the postothce nearest the house
in which said election. Il any. was held. Tor
such precinct. to-wit, Box Elder precinct,
No. Is aforesaid, nor was any poll book or
return reeistered or mailed to the clerk of
the board OF county commissioner.
the said pretended returns from said Box
Elder precinct No. Is, were SO defective, in
correct and incomplete IN their character,
and in their Noncompliance with the re-
quiyements OF the statute law, that IT
could not be asoertained therefrom,
nor could it be ascertained che efrom,
the number of legal votes cast for the re-
lator or each person named therein; and II
could not be asccrtained from said returns
for whom the votes were cast. and said pre-
tended return, constituted under the law,
in no sense whatever, IL fultillment OF the
statutory requirements in any particular.
And said respondents further answering
the said writ of mandate. aver the facts to
be: that when the said canvassing board OF
Choteau county met to canvass the returns
of the election and found the said pre-
tended returns of Box Elder precinct, No.
Is, were 40 defective and irregular that 1t
could not be ascersained therefrom the
number of legal votes cast for any person
whatever. and finding, by reason OF the
facts aforesaid, that the said returns were
so utterly and Intellectually void and un-
worthy OF credence; and it further appear
ing to said board that the election held at
said Box Elder precinct. No. u. If any was
held, was so tainted with fraud on the part
of one of the judges OF election, to-wlt:
John Henry. ana so tainted with fraud and
bribery and corruption, as Appeals from
the statements and affidavits filed with said
canvassing board that no legal cleo
ton. by reason thereof, was held
at said Box Elder precinct No.
18. said canvassinR board being unable
to asce tain in any manner whatevar, that
any legal votes at all were cast for any per-
son whatever, at said precinct, or that any
election WAS held thereat. declined to give
effect to the tainted, defective, irregular
and illegal pretended returns at such pre-
cinot. That upon a further examination OF
the said election at said precinct, and upon
tho affi1 vita anhfnjttah tn apiH NanVAQalnp /
board that the said John Henry. one of the
judges of election rs aforesaid, had cor
ruptly, and in violation of the law, bought
certain voters at the said election to vote
the republican ticket straight, and espsc-
tally to vote for the said Eugene E.. Leeoh,
the ,elator herein. That the said voters
who were thus bribed being unable to read
or write the English language, the said
John Henry. as one of the judges aforesaid.
took the ticket of the voters, and marked
it for him and then gave HIM an order on
the store of d. Cowan for ten dollars ($1O).
which the said voters took and presented at
the said store, and then and there received
the money; which said facts. being made to
apt ear to the said canvassing board, by the
ai1idavits, copies of which ME attached to
the REALTORS affidavit on file herein;
m u appearing to the said can
of legal returns and in the
absence of any means of ascertsininR the
number of legal votes cast for any person
at the said election at said Box Elder pre-
cinot No. Is, and an opportunity having
been given said relator Eugene E. Leeoh by
the said canvassing board to procure coun-
sci to argue the matter of the said election
at said precinct, and the pretended returns
received therefrom. and the said Eugene
e. Leech having neglected and failed to
oontrovert the alleged facts set forth in
said affidavits. and in said protest; and
the said canvassing board being unable to
ascertain the legal votes cast at said pre-
cinot. if any there were cast, and no returns
being received the efrom which were liable
or worthy of credit the same were rejected.
And the said respondents making further
return to the said alternative writ, aver the
facts to be: That a certificate of election
has been issued and delivered to said Al
fred b. Hamilton, as representative in tho
legislative assembly from the county of
Choteau; and as these respondents are in
formed and verify believe the said Alfred
B. Hamilton has entered upon the discharge
of his duties as a member of said house of
representatives, and has taken the oath of
office, and filed the same with the secretary
of state as required by law.
That the SAID oanvassing board has ad-
journed without day, and all the duties
devolvinR upon them as such have been
fully and completely discharged according
to law, and according to the BEST of their
aDiliey. nhu 'heb d te-oahFasS oA tne yOtes
of said Choteau county would not show any
other or different result than the one
already declared.
For the reasons hereinbefore set forth,
the respondents humbly mako return to
this honorable court of the proceedings ms
above set forth, and pray this honorable
court to be discharged from any other or
further requirements in the premises.
JOHN w. TATTEN.
ROBERT b. SMITH.
GEORGE +. SHELTON.
Attorneys for respondents.
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