The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-01-29
WINTERS HAS The JOB
He Will Be Auditor Of Silver Bow For
the NIX. TWl Years.
THE COURT SO RULES
w. T. Boardman Was Elected to the
office But He fingered Too
Long In Helena and That
Disqualified Him.

will remain so for the next two years. UNI
less the legislature determines to abolish
the office. Judge Mediation this after
noon decided that William L. Boardman,
who was elected to the Office at the last
election, was disqualified by the fact that
he was not resident of Silver Bow
county the required two years next pre-
ceding the day OF his election. The de-
cision was ma 10 in the quo warranto pro-
ceedings brought against Mr.. Boardman
by County Attorney Wines. winch were
called up for he Iring this morning.
Judge De Wolfe, IN opening tho case,
stated that there was presented but one
question of fact. an that was whether
Mr.. Boardmln was a legal resident OF tho
county for two years prior to his election.
| by agreement of counsel there was also
| only one question OF law to be passed on
| and that was as to what constituted a
legal residence, and as to the constitu-
tionallty of the law requiring n residence
| OF two years.
| Dispositions were read from several Hell
ena people. Louis {. L. Lofts testified
| that he was booGkeeper for the mortgage,
| loan and insurance company oil A. NJ.
| Thornberg x Co., and that the defendant,
| w. L. BolrIman, was manager of tho
| insurance department up to Nov. 6, 1892,
| upon WHICH utNc ut bbNtIcl us COll
ton as manager, but remained IN the
company's employ up to the 10th of the
month. On Nov. 3 he informed Lofts that
he had been offered n position in Butte
| and wanted to know what to do about
| il. Lofts advised him to take 1t, and
| Boardman came to Butte the next day,
| and returned again on the same day and
| remained with the Helena firm until the
| 18th when no drew the balance due HIM.
| &. II. Fortmln IN ,de deposition that he
| heard some tIme during the first part of
November, 1892 that Mr.. Boirdman con-
templated coming to Butte, but he col
| lected rent from him for his house in Hell
ena up to Dec. Z.
j. b. Sanford, owner of the house occu-
pied by Boarlm IN in Helena, at 525 West
| Lawrence street, testified that Boar Imam
lett for Butte about month before his
family did and that the latter lived in his
| house up to Nov. D.
| County Clerk Tookcr of Lewis and
| Clarke county stated in his deposition
| that Mr.. Doardman registered as avoter
in that county on sept. 10 and voted at the
| election on Nov. =.
The depost ions were taken before John
Bean, clerk of the district court at Hell
ena.
Mr.. Boardman was called to the wit
ness stand and testified that he and his
family lived at No. 90 West lawrence
street, Helena, prior to their removal to
Butte. TINS concluded the testimony for
the plaintiff.
d. IL. Warrior was the first witness for
the defense aud testified that IN NOvem-
Der, 1892, he was in the insurance bush
ness with a Mr.. Ferris and about the LIST
| OF November they decided to employ MIR.
BoardmIn and he started to work on the
1. h, aud was paid from Nov. until the
firm closed up It's business. He went over
To Helena for several days at a time. He
returned to Helena on the 9th OF Novem-
Der. On cross-eX animation Mr.. Wharton
said he could not say that Mr.. Boardman
did any actual work on the 9th, but the
Office was lett in his charge at That Time.
| Mr.. Boirdnan again went on the stand
| and testified that he received an offer
| from Mr.. Wharton on Nov. >, and he came
10 Butte the next day and took charge of
the business. lie returned to Helena on
the same day. HIS intentions were to
make Butte his residence from that date,
and he severed his connection with the
Helena firm at the same TIM. Tie con-
sidercd himself resident of Silver Bow
county and intended this To be ms perm l.
nent home. HIS intention to leave Hell
ena was formc 1 on the 9TH, on receipt of
the telegram from Mr.. Wharton.
"Dld YOU vote IN Helena on the Sth of
November?' asked Judge De Wolfe on
cross examination.
II presume that did, although | have
no personal recollection of II. / go by
what the records say
This concluded tho testimony, and
Judge De Wolfe opened the arguments.
He said the facts were undIsputed that
| Mr. Boardmau was resident of Helena
up to and including Nov. &, 1872. The
election At which he was elected To the Of
flee of auditor was he'd on Nov. q, 1891.
| The law creating the Office, passel IN
| 1891, provides that the term suau be four
years, which conf ed with the constItu-
ton, and the supreme court ruled that
| the term could not be more than
two years. The statute further re-
! quired that a person must be n
bona tidc resident of the county Tor at
least two years next preceding the cleo
ton. There Is no question that the legls-
lature had the right To fix the qualItica-
tons for the oil e. Ju ige DeNoiie read
authorities on what constitutes residence
| To the effect that the place of his homo
was hIs residence. and that the mere IN
tention to remove dad not establish y new
residence. Ii a married man has family
in one place and does business IN another
the former must be recognized as his resi-
| dence. According to Mr.. Boardman' S
own testimony he only had an intention
of removing his dom, cile on Nov. q, 1872.
and that there was no actual change of
residence. To effect a change there must
be both act and intention. The prcsump-
ton is that a mans home Is where tie
votes. and SHOULD be regarded as evi-
dence well nigh conclusive that his homo
is where he casts his vote. On tue q les
ton of residence the supreme court of the
United States says tuat a residence once
acquired remains So until n new one Is
actually made. To take the view most
favorable TO MIR. Boardman, and accorl !
ing to his own statements, his actual resi-
dence in Butte did not take place until
the afternoon Of Nov. Is, when he entered
into an agreemet TO 60 INTO business here.
IL the court finds himself eligible to the
office II must find tuat tie was guilty of 4
felony los voting IN Helena, and that hc
would hc liable 10 prosecution. The pre-
sumption IS that nc had no intention ol
committing an Illegal act, hut that tie re-
gardcd Helena as his actual place OF resi-
deuce. and the fact q! ms voting there Is
, strong IL not conclusive evidence that
that was ms home. AuihorIt e. were sub
mittci TO show that Mr. Winters was en-
utlcd TO continue ma office n b Was found