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

As a check upon the identify and ac-
curacy Of returns when counted by the
judges OF election, and to prevent alter
alton In totals, or other possible changes
in results as certified to the county
clerk, a few brief amendments might
we'll be made to u present statutes
defining the duties of judges of cleo
tions.
A measure of safety would be to re-
quire the judges when they have
counted the votes, and before they seal
their returns, to announce in a clear
and audible voice in front of the voting
place, the total number of votes cast for
each and every candidate, and to make
out upon a sheet OF paper the sum to-
tai of votes cast for each and every can
didate within the precinct in which such
judges act, and thereafter, and at the
time Of the announcement OF the vote,
to post a copy ofsuoh tabulated returns
in some conspicuous place in the poll
ing room. This is q duty which imposes
but little trouble upon the judges, and
in addition to being a check upon the
identity of results, 1t may ave discrep-
ancies that sometimes appear where an
opportunity is given for the Justification
Of returns between the times when the
judges certify them to the board of IAN
vassers and the date when the CANVASS
ers actually count them.
But let US now pass to the powers OF
the county canvassers when once the re-
turns are ready to be tabulated.
When a board Of oanvassers refuses
to count returns and deliberately vio-
lates the plain mandates of q statute, in
the heat of party spirit, zealots upon
the injured side abuse the law which
makes such violations possible, while
those who profit by the illegal act toe
often seek to find some plausible ground
upon which to justify what has beer
done. We, therefore, frequently behold
attitudes of lawyers and judges, as vel
as lay men, wholly inconsistent with the
same mems views expressed on priol
political occasions, and, where a shor'
time since, an illegal act may have beer
denounced by the political party which
suffered a legal wrong, at another time
we observe the suffering party commit.
ting just such an act as it had de-
%nounced, but now arguing the legality
OF the position to the end that a party
advantage may be had. This is an un.
healthy condition of political affairs, but
IN this state, il it exists at all, it is not
&C much due to the defect of the law al
it is in the administration of the law
The legislative remedy must, therefore
go to the radical cause for the evil
namely, the dishonesty of the Official
who canvass the votes, in order that tn,
statutes shall govern oanvassers withou
respect to any results.
BY comparison with other laws | fin
that Montana has an excellent statut
providing for the canvass of votes b.
state and county boards. 1t was en-
acted in 1891 as m of the results c
the famous complications which gre,
out Of the rejection of the election re
turns Of Precinct 81 in the county {
Silver Bow. The supreme court of tn
state had decided, among other mat
ters, in the Lloyd-Sullivan case, tha
the certificate of returns Of Precinct 2
was irregular, being certified by tn
judges and attested by the clerks, il
stead of being certified by the clerk
and attested by the judges. And it wa
principally to meet the question of wins
should be deemed "returns'' that til
new law was enacted. Section 5 OF til
act Of March Z, 1891, declares VIII;
shall be construed as q return, and d,
MES the authority Of the board to r,
jeot, in the canvass, returns which d
not show who administered the oath. {
afailure to fill out all the certificates
the poll book, or TO do or perform an
other act In or about the making up c
the returns that is not essential to d.
termine for whom the votes were cas-
Tho law is SO perfectly clear an
plain that 1t is difficult to conceive no
the authority of the canvassers under
could be m%isconstrued. And yet, no
w~ithstanding it's mandatory provision
the state seems destined to be humi.