The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-21
\ SUPREME COURT TRIAL.
The Box Elder Matter TO Come Up in
That Shape There On
Friday.
All the Documents Before the Can
wasting Board VIII Be
Produced.
III HalfbYeed and Indian Votes are Ordered
Counted tho Contest Then Goes
to the House.

The attorneys for Eugene Leech, tho re-
publican who ID trying to get a seat as a
member Of the house Of representatives
through supreme court proceedings, nled
another paper before the latter tribunal
yesterday. II was a reply to the answer OF
the Choteau canvassinG board, who gave
che certificate to Alfred Hamilton. demo
orat, after throwing out the ~fraudulent
votes cast at Box Elder precinct. The re-
ply denied everything set mp In the answer
Of the canvassing board. Az soon az this
answer was fled the supreme court an
nouncsd that ii would In tho afternoon de-
fine its position in regard to further pro-
ceedings in the case. When the court met
IN the afternoon the following was handed
down by Chief Justice Blake:
s'The board of canvasssrs OF Choteau
county, in receiving and canvassing she re-
turns Of the late election, held at Box Ell
der precinct No. Is. of Choteau county,
Montana. on the 8th day of November,
1892, could only examine and consider such
documents as are by law made returns OF
said election; therefore, in passing on the
issues involved in this mandamus procsed-
ing, concerning said returns. and the duty
of said canvassing board as to the canvass
thereof, this court will consider only such
documents as said canvassing board could
lawfully examine and consider In Canvass
ing said vote. In order, therefore,, that every
document by law made a part OF such cleo
tion returns, shall be brought before TINS
court by the proper custoaians thereof, the
nubpenas therefor shall be broad enough
10 include all documentary evidence alleged
by the pieadings, as pertinent to such re-
turns. The county clerk. or any deputy in
charge of his Office, and the records there
OF, will be required by subpoena duces
tscum. to bring up the aforesaid records
and documents. The registry agent OF said
registration district in which said Box Ell
der precinct is situate, who made and GER
titled the check lists of registered voters
of said precinct, will also be suppoenaed.
All subpmnas issned in this proceeding will
be returnabls on Friday, the 23d day OF
December, 1892, at 10 o'clock a. M" :,
$50 far as disclosed by the proceedings"
said Chief Justice Blake after adjournment.
''every issue of law has been passed on by
the court and its decision on them an
nounced. The opinions are now being pre-
pared and will be filed as soon as q decision
is a n%nouneed." Justice Dewitt has
all along disagreed with his associates as to
how far the court could go in q case such
us that growing out of the Box Elder bust
ness. He believed the court had q right to
issue q ~peremptory mandate compelling the
canvassina board of Choteau to count the
Box Elder vote, which would have. made
Hamilton the contestants before the lower
house of the legislature. Chief Justice
Blake and Justice Harwood were of opin-
ion, however. that the court could go into
the merits of the controversy.
On Friday, when the supreme court tries
&he case, all the papers. records and docu-
ments which were before the canvassina
board and on which that body acted, will
ha in HAIana. in weharpo of the prOp0r Off
GERS. These officers, with the documen-
tary evidence, will be before the
supreme court. There will be no oral
testimony on any of the issues i'll
volved. but only such as is necessary to es-
tablish the authenticity of the document
before she court. If the court decides. after
examining the testimony, to order the
alleged fraudulent votes to be counted for
Leech, the canvassina board will have to do
30. and the matter will have to go before
the legislature in the shape of a contest on
Hamilton's part.