The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-10-27
The attorney general decided that IL

Fecples rarity.
The attorney general decided that the
hrst form WAS the correct one, saying: "At
no stage of the proceedings IL the party or
principles which such nominee represents
abandoned or merged in that of the nom-
should be placed upon the ballot opposite
each nominee, II that it continues
throughout the election, and that each
elector has a vested right IN such nomina
tions. and that only by his ballot which
represents his political faith can he express
his political preferences for the nominee Of
the party to whose principles and practices
he has subscribed.
But in a paragraph Immediately follow
ing the above, the attorney general says:
I'm the case before us it is proposed in
one of the forms of the ballet presented
should be placed but once there on. 1t this
be done. it is pertinent to inquire what
party or principle will such nominee repre-
sent. Two Of the political parties have de-
| cided that he should rep esent them, but II
the proposed course is carried out he would
would deprive the other party OF their NOM
inee and thereby do an injustice to an
elector who desired to express his political
preference for the nominee of his rattv."
An examination of the ballot on which
MIR. Pemberton's name appears once shows
Jnht any VOter can Vot6 nB principles
just as we'll az he can on the ballot whore
Mr.. Pemberton's name appears twice. He
can put the X opposite the word democrat
or the words peoples, party just as we'll in
the second form as in tie first. In the
rejected form there could be no question
as to the name voted for, the
distinction only being as to the principle
represented. And just at this point is
whore the controversy arises. And that
there is a controversy there is no question,
md money has already been wagered upon
it. Monday evening last a Helena republi-
can made u bet Of $50 that when the state
board of oanvassers aggregated the vote on
chief Justice it would count the vote cast
for Pemberton, democrat, as one man nnG
the vote cast for PsmbertoD, peoples party
as another. That 10 to say, If Pembertou
gets IL. 600 votes aa a democrat and 10000 al
lican nominee for the same Office, gets 49,.
600 votes. it will certify to the governor
that Blake il the man entitled to the Ger
t~iicate. Had it not been for the overrid-
ing Of the law. Justice and honesty BY
Blake. Hall. jack, Sanders and Richards il
1889. there would not be any question as tf
the action of the board that will canvas
the vote this year. But after the experience
of three years ago the people look suspi-
Ciously at every move in which Blake is al
interested patty, and there is II universe
desire that there be no chance given for
repetltlOn OF Inc IrAuaS OF 1908 III certlIylnI
returns.
There is no question but that Pember
ton. the demooratio nominee, and Pember
ton, the peoples party nominee, are On,
and the same persons; every voter in tn
state knows it, and the descriptions giver
on the certificate of nomination filed by tn
democrats with the sec; etary of state tai
lies with that filed by the ~ueoples' party
But here is where the canvassinR board. j.
they desired to take advantage Of q quib
BILE, could override the will of the people i
their bosses commanded its members so Il
d.. and they were weak enough to yield
Take Silver Bow county for instance. Th
polls are closed. the judges have counte,
the vote, showing that Pemberton. demo
crat, received 1000 votes, and Pembertor
peoples party, 5000 and Blake, republican
1900. They send their returns to the boar
of county supervisors and they are the
tabulated. The clerk Of the county, who
under the law, to send the follo wing to tn
state canvassing board: First, tn
whole number of votes cast in tn
county. Second, the names of tn
persons voted for. and the proposition vote
upon. Third. the Office to which eac
of votes given at each precinct 70 each G
such persons, and for and against each &
spch propositions. Fifth. the number G
the votes given in the county to each c
such persons. and for and against each O
such propositions. Now suppose Nh
Booth, in making mp his list, puts W.. J
Pemberton down twice-once as a demo
crat and once as a peoples party man, re
ceiving 1000 votes from the irst-named part
and 5000 from the second named, Will
Blake receives 1000. In its official capacit
the board, II the party pressure ia Htronl
enough, need take no cognizance. undo
Attorney General HaskelPs decision, of til
fact that the peoples party nominee an
the democratic nominee for chief justio
are one and the same person. If the return
made by the county clerks give them tina
excuse.
The above Indicates what can be done I
the heat OF partisan feeling. as was the cas-
in 1889. But If the avs are adhered to b
the state oanvassers all Pemberton votel
no matter by whom cast. will be counte
for one man. Section 10, of article 3 Of til
constitution, says: I'm all elections hel
under this constitution. the person or pei
sons who shall receive the highest numbe
of legal votes shall be declared elected.
The general laws of Montana say that IN
person shall accept a nomination. to NOR
than one Office" but there is no inhibitio
against accepting two or more nomination
for the same office. There are no decision
of the courts on a case such as Is presente
by the double nomination of MIR. Pembel
ton, under the Australian voting system
but local attorneys generally are of I'll
opinion that MIR. Pemberton's name shoul
have appeared but once on the ballot. bl
that each of the parties should have bee
shown, as in the ballot rejected by the Al
tornsy general. A full discussion of I'll
question at issue. and the putting on reooI
of the views of the attorney general AZ
now the vote on Pemberton should be tabv
lated. will do much toward relieving Il
public mind of the feeling that there mi
be an Ethiopian in the wood pile.
To get some further expression on Il
question an INDEPENDENT reporter intel
viewed Attorney General Haskell al h
Office in the court house Yesterday. III
attorney general, Treasurer Hickman m
Auditor Kinney are the members of 81
state board which will canvass the votes
the coming election. Treasurer Hickms
and Auditor Kinney were out Of tow ys
terdny. In reply to tho reporters inquiri
the attorney general said: All the vot