The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-06

more votes at AMID election than
he said Sandersop or tho said Hamilton,
afaant and applicant became, and now
.. entitled TO receive from the said board
,f canvassera and the said clerk u certificate
election to the oiiice Of member OF the
assembly OF the state of Mon
Jana, for the county OF Choteau.
That In defiance to thu rights OF this
Affiant and applicant. The said board of
canvaasers. and clerk. did ~wronQfully and
anlawfully fail. neglect md refuse TO make.
execute and deliver, and ever Bince have,
now. refuse to make, execute and do
liver, to this affiant and applicant, the Ger
tiicate of election to which he is entitled to
rs aforesaid.
That this afiant and applicant has no
speedy and adequate remedy at law.
Wherefore, afiant praya that this honorable
court do issue and direct to the said board
OF ~canvaasers. and to tho said clerk, an
writ OF mandate, directing tho
said board OF canvassers TO reconvene, can
vasa and consider the returns from the
.wronRfnlly and illegally excluded Box Elder
precinct No. IL aforesaid, and that said
board of cAnvassers, together with the said
II. Rogers, be, by said alternative
writ OF mandate, commanded to deliver to
this afiant and applicant, q certificate of
election as member of the legislative assem-
bly, of the state of Montana, for the county
OF Choteau, or that they show cause at suoh
time and place as the court may determine,
why they have not performed the duty re-
quired by law and commanded by the said
alternative writ of mandate. And your ap-
plicant and afiant will ever pray. >
EUGENE ". LEIGH.
Subscribed and sworn to before me this
9th dav of December. A. D., 1892.
GEoRdE O.. FREEMAN. Notary Public,
Lewis and Clarke county, Montana.
Exhibit A is . certified copy of the pro-
ceedings Of the board Of csnvassers as fol-
lows: Proceedings of the canvassing
board of Choteau county, Montana, gem
eral election Nov. 8. 1852. Fort Benton.
Mont. Nov. 18, 1892. Chas. W.. Gray and
Edward Dunno, county commissioners of
Chotsau county, Montana, met at the office
of the county clerk, on his invitation, and
finding that the returns were not in from
precinct No. -, and being advised that the
chairman Of the board Of county commits
sioners would be present on the 18th, they
adjourned until two p. m. Noy. 10.
Second days proceedings. Fort Benton,
Mont, Nov. 10. 1892. Charles w. Gray and
Edward Dunno, county commissioners.
met at the county clerks Office at two p.
commissioner not being present thoy
called to their assistance Walter j. Minar,
county treasurer of Choteau county. who
was designated by law to fill the vacancy.
and said three officers together with Alfred
Il. Rogers, county clerk, as clerk. oonsti,
III Ouh2A vi SoAN ub5VAS va nbAA
county, and proceeded to check up the
election returns from the several precincts
In Choteau county, and ascertaining that
no poll books had been returned from Dod-
son precinct No.. 81 and Libby's precinct
No. 10. they decided to adjoun until 10
| O'Clock a. M, Nov. 20, and directed the
clerk to write for the poll books of Dodson
precinct No. 81.
Third DAYS proceedings. Fort Benton,
Mont, Nov. 20. 1892. The board of can
vassers met at the county clerks office at 10
O'Clock a. m. and adjourned until 10 O'Clock
q. M. Nov. 81.
Fourth days proceedings. Fort Benton.
Mont. Nov. 81, 1892. The board met at 10
q, m. Present the full board, and the clesk
presented the affidavits of w. Gould Smith
that no polls were had at Dodson precinct
No. q, and being satisfied that no polls had
been held at Libbv'a precinct NO. 10, they
decided to open the returns, when thomas
u. Murphy appeared and filed the affidavit
Of Charles e, Duer and demanded a recount
of the votes cast or the bridge proposition
at certain precincts in said affidavit and
protest set forth. which after due consider
tan be and he is hereby employed as coun-
oil by the board, and said affidavit
and protest having been referred to him foi
advice he made an argument against the
same, and after listening to the argument
of Thomas w. Murphy in support thereof
the DOAfu ueclueu W pIOCeoo Wiu oahF aSS
ing the returns. The returns OF township
officers in the township of Dupuyer wal
canyassed for said township although the
poll books through an error of the county
clerk was made out for Burd township, It'll
former NAME, it appearing from the re-
ship officers other than for the officers Of
the township wherein the voters resided
It was unanimously agreed that all spcf
votes should not be canvassed. Not hay.
ing completed the canvass at five o'clocl
y, M, the board adjourned until 10 q. m.
Nov. %.
Fifth days proceedings. Fort Benton
Mont, Nov. %, 1892. The board met at II
a, ~. Present the full boatd, and pro
ceaded with the canvass of the returns, IN,
, when Chinook precinct No.. 10 was reached
the vete on the bridge proposition was re
turned on a separate slip OF paper, although
on the poll books and on the advice of thel
council. the slip was attached to the pol
: book and the vote oanvassed. And nov
appeared Col. John j. Donnelly, on behal
of Alfred B. Hamilton, candidate for repre-
sentative. and filed a statement, accom-
panied by afiidavits. as to the legality Q
the returns of Box Elder precinct No. IL
which affidavits allege fraud at said prs
, cinct, and he also filed a protest agains
: csnyassinR the returns of Eagle precinc
! No. 25 on the ground that there had beef
: ' only one clerk of election, when the lay
. REQUIRES two. And alter listening TO bn
= +. argument OF Col. Donnelly in support O
his claim that the returns from said pre-
cjucts be stricken out and not canvassed
, tho board took the matter unde
= adyisement. and in order t
. give Mr.. Leech and anv othe
: an opportunity to procure council to argu
: the matter of Box Elder precinct No.
. returns, The board laid the matter owe
. until eight o'clock p. M. They then con
i, sidered the matter of the retui ms frot
= Eagle Creek precinct No. 25 and, after du
p consideration, unanimously decided thn
> the returns were proper and legal and I
: canvass the same. Having completed an
tahulated the returns from all the precinct
= at which polls were held. at five O'Clock !
IN. the board adjourned until eight o'cloc
o. NJ, ut which hour they net and, afts
y listening TO the Argument from Col. job
= J. Donnelly and j. w. Tattan in the matte
= Of the returns from Box Elder precinct M
y ~ the board considered the matter and 0
u motion of w. j. Minar, seconded by h.
=, ward Dunno, they unanimously decided
- strike out and not to canvass the return
!. from said precinct No. II. The board the
70 signed the abst net of the returns as tab'
. lated and made up in a book marked 'r'
I cords Of election returns, Choteau county,
which book la hereby made a part OF thes
n proceedings and OF the proceedings of I'll
~ board of onnvasse a of Choteau county, an
~ having declared that all the persons there
named who received the highest number
~ totes for their respective offices duly electe
they adiurned until 10 o'clock u. nj. No
IA on = ~ &c urrntpr thu partiHrnf