The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-16
An Important Decision.

That the will of majority or plur-
atty of the qualified voters registered
at an election can be defeated by a
clerical error or oversight, the neglect
or failure of some person to comply
with the due forms of law, is a prop
osition abhorrent to common sense;
and abhorrent also, we are glad to OBJ
serve, to good law. The supreme
court of Montana yesterday handed
down decision In the election contest
of Messrs Hallahan and Stackpole,
each of whom claimed the Office of
treasurer of Deer Lodge county. Mr..
Hallahan, the populist candidate, re-
ceived plurality of all the votes cast
that was admitted; but the proceed
ings involving the filing of his nominal
lar and defective-the specific require
ments of the Australian ballot law
were not observed. Under these cir
cumstances, Mr.. Stackpole, the repub-
lican candidate, who received the next
highest number of votes, claimed the
office.
At trial of the case before the dis
trict court Of Deer Lodge county, 1t
was held that there was no election
last fall of anyone to the Office of
county treasurer. This decision Is
now reversed by unanimous vote Of
the supreme court, which holds in SUBJ
stance that Mr. Hallahan, having re-.
ceived the highest number OF. votes
cast, was duly elected and is entitled
to the Office, the errors and defects re-
ferred to notwithstanding. The
opinion which was written by Justice
Dewitt, Chief Justice Pemberton and
Justice Hunt concurring, covers the
case exhaustively and is mastery
exposition of the general principle we
have enunciated, namely that, there
being no question of fraud or ineligi-
bility, the will of the majority or
plurality, as the case may be, of the
qualified electors duly and regularly
expressed at an election, shall rule
The decision is lengthy one, but in
volving as it does constructions of the
Australian ballot law which have
never before been passed upon by
Montana's court of last resort, the
STANDARD prints it entire this morn
ing, emitting only few quotations of
parts of decisions rendered in other
states 1t will well repay careful
perusal
The conclusions of the court will
strike all laymen as eminently just,
fair and proper, particularly the fol-
lowing paragraph:
So, In this case at bar, we limit our remarks
70 the facts OF the case, In this, namely, that
when suen defects In a nominating certificate
are brought before a court In a proceeding such
as the one at bar, and with the facts as they
are found here. we are OF opinion that the said
described requirements of the Australian ba lot
law, as to certifying nominations, must be held
60 be directory only. ANY other construction
OF these provisions Of the Australian ballot law
would convert great reform measure into a
trap and a snare for the innocent and the hon
est, and would subject the win OF the peoplel n
elections to the accidents OF lnadvertance. and
the tricks of the disingenuous. While the stat
ute would seek 20 east out one evil spirit, IL
would take into the political house. thus swept
and garnished, seven other more dangerous
spirits and the last condition OF the state would
be worse than the first.
The fact that a majority of the IN an
bers of the supreme court are identi-
lied with political party other than
that which elected Mr.. Hallahan, is
feature of the case which will be noted
with general satisfaction. Montana's
supreme court is far above taking
note of any political considerations or
any considerations whatsoever except
those of law and equity aud justice