The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1892-11-18
The document Wherein William 7.
Figott Protests Against Counting
Votes for Charles u. benton.
Reasons Set Forth Why the Nominal
tion of Benton Was Not Made
According to Law.
The 'anvasSers Must Appear Before
the Supreme Court at the Hear
Ing ON Thursday Next.

The state Of Montana en- rel. William
i. Pigott, VS.. the board of county can
visscrs Of the county of Cascade. state Of
Montana. is the title of the writ Of pro-
hibition which has been served on a
majority Of the board Messrs. Wegner
and Hawkins and Mr.. Dickcy will also
he furnished with a copy Of the official
order.
1t rocites that the complainant is a
citizen Of the United States and a resi-
dent of Cascade county, Montana. that
he has been admitted to practice at law
before the supreme court and is now en-
gagged in the practice Of his profession;
that at the democratic convention of
Cascade county held Sept. II, 1892. he
was regularly nominated for the office of
judge of the Eighth judicial district. and
that a certificate of his nomination was
duly fled as required by law: that his
name was placed upon the official ballot
used and voted at the general election
held in and for such state and county on
the Sth day Of November. 1892. as the
candidate Of the democratic party for the
Office Of judge Of the district court for
said district and at such election he re-
ceived more than 1850 votes and a
majority of all votes legally cast for such
office.
That the county clerk and recorder
for the county of Cascade in preparing
the official ballot aforesaid placed there
on the name Of one Charles II. denton,
as the candidate of the peoples party
for the office of judge Of the district
court Of the Eighth judicial district
and that the name Of the said Charles
II. Benton appears upon all ballots cast
at SAID election as the candidate Of the
peoples party for such Office.
The writ then ~recitcs the call Of the
peoples party for q convention held on
the third day Of September. 1892, at
which nominations for various offices
were made. but said convention failed to
make any nomination for the Office Of
judge Of the Eighth judicial district:
that the said peoples party convention
did not. by resolution or otherwise. au-
thorizc any person. persons or committee
whOmsOeyer TO make any nominations
for such office or fill any vacancy in the
nominations therefor: that upon the
18th day Of October. lS!2. II certificate
or paper was filed in the office of the
county clerk by one Daniel Mckay, and
that the county clerk Of such county
~wrongfully caused the name Of said
Charles II. Benton to he placed upon the
official ballot as aforesaid as the pre-
tended candidate Of said peoples party.
solely because Of the filing Of said cert
ticate. having no other authority there
for than such certificate.
Next is recitel the meeting Of the re
publican county convention. the n%onlina-
ton of Charles II. Benton for the office
of judge of the Eighth judicial district
and the filing Of his nomination and the
placing of his name upon the official bal.
lot AS the nominee Of the republican
party for the Office. Further the writ
%recitcs the manner in which the returns
will show the votes cast for Charles II.
Benton. the pretended candidate of the
republican party. for William I. Pigott.
the candidate of TIE democratic party.
and for Charles II. Benton. the pre-.
tended candidate of the peoples party.
William L. Pigott alleges that the votes
cast for himself for such office exceed
thos.. cast for Charles II. Benton. as the
pretended candidate for the republican
party aforesaid by at least 80 votes;
and that the votes cast for William i.
Pigott as aforesaid exceed those cast for
Charles II. Benton. the pretended candi.
date of the peoples party as aforesaid
by at least 1000 votes. lie William II.
Pigott, alleges that the ranvassing board
Of said county will. unless prohibited by
the supreme court. in their canvass OF
votes accrcdit to Charles II. Benton az
the pretended candidate Of the rcpub
lican party and as the pretended candi
date OF the peoples party all the votes
cast by the voters of those parties. and
that it will appear thercfrom that he has
as such pretended candidate RECEIVED IA
larger number of votes than were cast
for William y. PigOtt, candidate aforc-
said for such office. and that said can
wasting board will. AS the result Of such
CANVASS. wrongfullv declare the said
Charles II. Benton elected to such Of
ticc.
That the clerk Of the board Of can
vassers will. AS the result Of such can
vass and declaration Of the said canvass
ing board. enter on the records Of such
board "A statement of the result of such
canvass in the form required by statute.
in which it will be made to appear that
the SAID Charles II. Benton. as the pre-
tended candidate of the republican party
received "A greater number Of votes Tor
such office than did William +. Pigott.
candidate AS aforesaid: that IA certified
abstract Of the vote will be transmitted
to the secretary Of state as "A result of
which il will be made 10 wronfully ap