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

ing now the law Of this couft, l corns to ths
demni rer 10 ths answer, y the accom-
IAnyiug motion for the psrsmptory writ
forthwith. That demurrer and that motion
these views ID. OF course. that am Of the
opinion that the pc smptoFy writ should
have been issued without going further In
the hearing than overruling the demurrer
TO the answer"
He then states his reasons for thus hold
ing. and quotes the constitution In refer
sncs 10 She issuance OF tbs writ OF man
damus. The only. part OF r~espondenes
anwsr which hs thinks worthy OF notice 10
the allegation that sixteen persons. giving
their nsmes), voted illegally NJ Box Elder
precinct. Hs says: "Whsthar, II this 20
remedy OF casting out the whole vots OF the
precinct. II 10 not now necessary TO dacide.
but did u appear. upon the face OF the re-
turns. that these sixteen persons were NOT
entitled 70 voter / will examine re-
spondsnts' allegations from tho point Of
view. OF course. on the demurrsT, that they
are all true.
'Conceds IL to BE- true. then, ~ alleged,
that those sixteen persons did not appear
to have been registered N voters At that
prccincti also that NO surrendered certih-
oates were transmitted by the judges OF
election TO the board OF canvassors. Docs
y even then appear BY the tetn ns that
these sixteen persons were not entitled to
voter That they ws . not entitled to vote
10 what muss api ear by the letufns. In or
der to authorize the board to take cogni-
xanoe OF the fact. II il be = fact. What had
ths board befors ii as returnsr The regis
trasion list for one thing. Consider it to
not sppen' thereon. 30 far, then, i ap-
peared that thoy had no right to vote. What
else hed he boArd2 The surrendered cor
t~ihoatcs which may have 'come into the
hands OF the registry AGENT Consider it
to be the fact that those sixteen persons
did not here appear. So far thon. II ap-
pears that they had no light to vote.
BAT they had the right TO vote in any
other manner IL they were not on the regis
tration list of the precinct. and were not
among the names OF Surrendered certifl-
cates which had come into the hands OF the
ton law answers this inquiry. y provides
that o registered voter may have his name
taken OF the official register and have is
sued to him n state registration certificate.
Upon this state certifcate he may be regis
tered in another election district. II he
conditions and showing, as set out in sec-
ton II, to the judges of election on cleo
ton day, he may vote upon his state Ger.
tifcats without Reorganization. This state
certificate upon which he votes il to be sur.
rendered. IL is not provided that this sur
t0uU0C6O CerCluC0to SNAIL D0 IOtW0r0eO 20
the canvassinR board or be = part of the
election returns (seotions 10 and 11). There
fore the sixteen persons named in te-
s~pondsnts' answer could have voted on
state certihcates under the provisions
OF section IL. II they voted on state
cersihoatss the following facts mus
DO noticed; Their names would not
appear upon the registration list Of
the district in which Box Eldel
was. or upon the registration list OF any
any other district in Choteau county. oil
elsewhere. because the name must have
state certificate. Again, their names woulc
which may have come into the hands of thu
registry agent So. by an examination o.
neither the registration list. or the surren-
dered certificates required TO be returned
to the csnvassing board, would it appear Il
the oanvassing board that such persona
were moi entitled to vote. Whereas, tn
fact II, they would be entitled to vote upol
their state certifoates surrendered on cleo
tlon day, (and not to the election agent, AZ
provided in section 10y. which state certif
Gates 1t il not provided shall be sent to tn
cauvassinR board, or Re part of the returns
Wherefore, it did not appear by thos
papers that are made part of the return
that these sixteen persons were not entitlet
TO vote; and, from all that appears on I'll
returns. they were IS fully entitled to vot
as any person on the registration list."
He then recommends that the laws be 9
amended that surrendered state certificates
voted on, and surrendered ut the time O
voting. shall be sent into the canvassin
boards az part of the returns.