The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-06
FIRST MOVE IN The GAME
A Writ OF Mandate Issued to the
Choteau C%anvassing
Board.
Leech, Republican Candidate for
the Legislature, Starts the
Legal Fight.
The Case Set for Hearing Before the
Supreme Court on Next Friday
Mt 10 A.. Nj.

MT 10 A. Nj.
Thu supreme court yesterday granted the
application of Eugene Il. Leech. republican
candidate for the legislature from Choteau
county, for a writ of alternative mandate
directed to the oanvasslng board OF that
county. Marshal Rumsley, of the supreme
court, left yesterday for Fort Benton to
serve the writ. 1t is returnable next Friday
at 10 a. m. Mr.. Leech's attorneys are ID. s.
Wade and Ella L. Knowles. The writ was
granted on the following afidavit and Its
exhibits:
STATE OF MONTANA,
County OF LEWIS AND CLARKE. J
Eugene e. Leech, of the county OF ono
teau. and State of Montana, being frat duly
swotn, deposes and says that he 10 n native
born citizen Of the United States. over the
age Of % years, and that he is now. aud Tor
more than seven years last past mas peen a
resident of the county of Choteau, ID the
state aforesaid. That on the otn Gay Oh NO
vember,, A. ID. 1892. there were " vachn-
cies in the Office of member OF the house
of representatives Of the ieRlsla-
tive assembly of the state hfore-
said, for the said county or Choteau.
That this applicant and affiant was q can,
dtdate for representative ana menus. .
the house of representatives OF the ieRisia-
tive assembly of the state OF montana, AZ
n general election required to be held and
held IN the said county OF Choteau. on the
said 9Th day of November A. u, 1857. duly
nominated. certified and published IN &C
cordance with the laws OF sne sIate OF MOL n5
tana, for such Office of representative.
that at the said election, so held AZ afore-
said. he was voted for az such can dldate.
and received a plurality Of the votes cast by
the qualified electors Of the said county OF
Choteau.
Charles w. Gray and Edward Dunn have
been, and now are, members of the board
of county commissioners of the SAID county
of Choteau, and that Walter j. Minar. for
more than one year last past mas been. ana
now 10, the county treasurer or SAID county.
duly qualified and acting as such. and tnat
Alfred E. Rogers for more than one year
last past has been. and now is, clerk OF the
board of county commissioner or SAID
county of Choteau.
That on the 10Th day Of November. A. -;
1892, the said Charles w. Gray and Edward
Dune, as such county commissioner.
met at the office of the county clerk OF laid
county of Choteau, for the purpose OF can
wasting the vote, and that the third mem
Der of the said board of county commas
sionsrs not having attended, the SAID Wal.
ter j. Minar, as such treasurer, was calieu
UDOu u hOus uAO oAa 10 "
the said county canvassinR board. with the
said commissioners; that the said board OF
county canyassers adjourned from the 18TH
day Of November, 1892. to the 10Th day OF
November, 1892, and from the 10Th day OF
November, A. ID. 1882, to the 2lst Gay OF
of November. A. D. 1892, to the 22d day OF
November, A. D. 1892, and from the 22d day
of November, A. ID. 1892, to the go day Q,
November, A. D. 1892, all OF which WI
moro fully appear by reference to a certinee
copy of the proceedings of the said board
hereunto annexed, marked exnlplt n ano
hereof made a part.
That at the time and place of said meet
ing, the returns of each precinct In the salc
county of Choteau, in which polls were
OF ened, we're duly presented and received
by the said board Of county canvassers
which said returns were regular and II
legal form.
That at the said election the following
named persons were candidates Tor mem
bers of the legislative assembly. in and TO-
the said county to fill the vacancies aforesaid
to-wit: Thomas g. Burns, Alfred Is. Ham
ilton, Eugene +, Leach and George L
Sanderson, at the said election here!l
aforesaid and as shown by the return!
aforesaid, and in fact, the said Thomas =
Burns received 1927 votes, the said Alfred b
Hamilton received 725 votes, the salt
Eugene E. Leech received 732 votes ant
the said George Il. Sanderson received 56
votes, the returns of which said votes, cas-
as aforesaid, we're regularly and legal.
made, submitted and presented to the salt
board of county canvassots. duly or
ganized and convened for the purpose o
canvassing the said returns as aforesaid
that said canvassing board thereupon pro
ceeded to canvass and make an abstract o
the votes cast as returned, which said alb
stract, made as aforesaid, for the oandi
dates of the legislature, indicating the vot
for each candidate as herein before speoi
fed, will more fully appear, reference beln
had to a certified copy of the abstrac
thereof hereto annexed. marked exhibi
'B" and hereby made a par
of this affidavit and application. lha
thereafter, and prior to the final adjourn
ment OF the county canyassers, one ). )
Donnelly appeared before the said boar
and presented to them a Gel tain p,otes
signed by one Alfred b. Hamilton. togethe
with four certain atiidavits, relating to DO
Elder precinct No. IS, in said county, copis
of which said protest and affidavits al
h~ereunto annexed, marked Exhibit &c,
and hereby made part of this affidavit an
application. That thereupon, and befoI
the final adjournment, said board of count
canvassers, in violation of the duty or
Joined upon them by law, did unlawf All,
and in violation of the rights of tn
from the said Box Elder precinct No. II
and did fail, neglect and refuse to in an
manner count, canvass, consider or NAL
returns of the vote cast at the SAID Bo
Elder precinct No. Is, in the said county, b,
on the contrary the said board did stril
out, and determine, by a vote. not to car
vass the returns from the said precinct, an
thereafter did prepare, execute and sign, a
illegal abstract of the returns and vot
cast in the said Choteau county, exclusiN
of tho said Box Elder precinct No.
which said abstract was wrongfully al
alleged prepared, signed and filed as a
abstract of the election returns of Chote,
county, for said election. a copy Of white
said illegal, partial, incomplete, and error
eous abstract is hereunto attached, mark
exhibit I'D" and hereof made n pat.
That at the said illegally excluded b,
Elder precinct No. IL the said Thomas !
Burns. candidate for the legislative asseI
bly,. as aforesaid. received twenty-eig
votes, the said Alfred b. Hamilton reoeiv,
fifteen votes. Eugene Il. Leech, this apr
cant and affiant, received twenty nj
votes, and the said George L. Sanders
received seventeen votes, showing n IN
iority for thisa tliant and applicant of for
teen votes at the said precinct over t
said Alfred B. Hamilton. That the wron
fnl and illegal exclusion of the said Is
Elder precinct No. Is was to the injury
this nffiant and applicant, made to show
majority of seven t7) votes in the IA
county for the said Alfred b. Hamilt
over the vote which 10 made to appear
having been oast for this afIiant and app