The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-08

has caused the trou Bile this year appear
not to be because certain retlrnS we're If
regular, but because the canvasser'
would not count the returns, ever
though they were true and regular or
their face.
It s laid down by the best authori-
ties upon election laws. that in order t.
~entitle returns to be ~canvasssd they
must only be regular upon their face
and genuine in their certitication. Te
decide this question the board Of can.
vassers may scrutinixe the papers them.
selves. and il they have reason to believe
that the paper presented Is u forgery,
for instance, their authority may permit
them to investigate before they count,
but such an investigation may be linn
tied solely to the single question OF
whether the paper presented is a gem
uine election return. No judicial invest
igation Of any kind can be made into
the qualifications OF the voters whose
names appear to have voted, and moth
ing can be inquired into except the one
question, lis this a return within the
meaning of the law?" The statute,
fortunately, is the plain guide to can
vassers in answering this question, and
the return shall not be rejected if it can
be readily ascertained therefrom how
many legal votes were cast for each per-
son named therein. All questions OF
fraud are exclusively for other tribunals.
So far it is easy. We come now to the
next step. The returns being decided
to be regular how can the people be as
sured that they shall be counted? Upon
this point the law might be- slightly
amended. A section could appro.
priately be worked into the statute re-
quiring the board Of ~canvassers, i'm
mediately after they determine what re-
turns are in their possession, to proceed
at once to tabulate the full and COM
plete returns of each and every precinct
before them, and to correctly and pub
licly add up the total number Of votes
cast for each and every candidate as Ger
titled to by the returns in their pos
session. The amendment might also go
further, and say that the board of can
vassers shall, in the canvass of votes,
perform ministerial duties, and under
no circumstances or conditions shall
they exercise, in the canvass of the re-
turns, any discretionary power of any
kind, character or description, nor shall
they hear any evidence of any character
whatever Of any alleged fraud or irregu-
lar voting, Oh bribery, committed during
the conduct of the election, the result of
which they may be about to canvass.
The law, as we'll established by re-
peated and learned decisions, fixes the
rule that %canvassers are purely minis
terial officers, but it would do no harm
to formulate the principle in a plain un-
ambiguous statute, and IN view Of the
apparent inability of boards of canvass
ers in Montana 10 follow the plain direo-
tions of a statute, the amendment may
save repeated trouble in the state.
There might also be another amend
ment, which should be framed upon the
basis that the canvassers are not to be
trusted, and unless deferred by fear Of
the penitentiary from doing wrong, they
will evade any mandatory statute, no
matter how plain it may be. The pres
ent penalty clause of the law of 1891
does not clearly make it a felony for a
member of the board of canvassers to
fail or refuse to count all returns. The
statute should clearly say that il any
member OF a board of %canvassers shall
fail or refuse to correctly tabulate the
returns, as required by the act, or il any
member of any board of %canvassers
shall refuse to accurately count all the
returns placed before him he shall be
deemed guilty Of a felony, and shall be
punished by imprisonment in the states
prison. To insure the enforcement OF
the penalty it would DO we'll to require
the county attorney of each county to
be present during the canvass of a vote
and to advise the board of the nature of
their duties, and if the said board re-
fuses to proceed in accordance with the
provisions of the law it shall be the duty
Of the county attorney to forthwith lay
information against the members of
such board and to prosecute them, and
in case of the failure or inability Of the
county attorney to proceed, 1t shall be
the duty Of the encouragement of the
state to lay al information against the
members OF such board and to prosecute
such information in the district court.
Circumscrlbe the duties of cauvassers
within the most limited rules, to the
end that their certificates may be issued
to the persons having the highest num-
Der of votes actually cast; for when
such certificates are issued there is no
escape from the conclusion that prima
facie their holders are entitled to the
offices named therein. Contests over
the fairness Of votes and other questions
which affect the merits, are for other
tribunals than the ministerial board
which tabulates the returns.
A little legislation upon the line OF
these principles will be wholesome in
the future, and the conviction of one or
two corrupt canvassers will straighten
matters out and make the law the safe
and only guide for action.
WILLIAM Fl. Hunt.
THEATRICAL managers IN seaoh Of an
emotional actress OF the intensely real.