The Anaconda standard., 1895-04-16
i'm HALLAHAN'S FAVOR
The Anaconda Populist Declared Treas
urer Of Dser Lodge County.
SUPREME COURTS OPINION
He Received the Highest Number
OF Votes Cast for Any One Cam
dIdate and That Entities Him
to the Office.

to the Office.
Special Dispatch 20 the standard.
HELENA, April Is. The supreme cour,
to-day handed down its decision in the
case Of Il. S. Stackpole, contestant and
appellant, VS.. ID. II. HaIlahan, contestee
and appellant. The decision is in favor
of Hallahan. The opinion was written by
Justice Dewitt and 10 as follows:
statement Of the case by the justice de liver
Ing the opinion:
fhis Is an election contest, statutory pro-
it be determined that he. and not ID. Il. haIla-
nan, was elected treasurer OF Deer Lodge county,
az the general election In November, 1894. IL
was determined by the district court tnat neither
stackpoie nor Halahan was elected. Zach
For convenience. in this statement. and in
the opinion below. instead OF speaking OF the
parties as appellant or respondent. or contest
ant or contestee. we Will simply use their per-
The case was tried to the court without a
jury. Very ample findings OF fact and conclu-
sions OF law we're made by the court. There Is
no question here as TO the evidence, and our
considera. ION OF the case Is simply whether the
Judgment upon the findings was correct.
The facts, as they appear In the findings. are
as follows: AZ a convention of the republican
party OF Deer Lodge county, held sept 4, 1884,
Stackpole was dominated for county treasurer.
certincate OF his nomination was duiy fi.ed
Will tut County cltTk dUQ recorder. No QueS-
ton Is made as to his certificate. The peoples
party OF Deer Lodge county. regularly held
their convention on the 2Sd day OF June. 1894
mre for county, a rsas%rer M
Wnitmire's nomination was ever made by the
omcers OF the convention, or filed with the
central committee. Il also passed a reso luIion
authorizing that committee 10 hu any and ali
vacancies on the ticket OF the peoples party for
county officers that then existed. or thar might
thereafter occur from any cause. No certificate
OF Whitmire's nomination being filed, he de-
clined 70 be a candidate for county treasurer.
ton OF said nomina. Ion, and mis- refusal to be a
candidate. The county committee thereupon
duly met on Sept, 5. 1894. The whole mmlttes
nominating candidate OF their party for the
onice OF county treasurer TO MI the vacancy.
The chairman and secretary of the committee
were duly Instructed TO file the proper certificate
Of his nomination. They thereupon made and
filed with the county recorder the following
DEER LODGE, Mont, iO-3 1891
AT regular meeting OF the county central
committee OF the peoples party OF Deer Lodge
the following nominations were made, For
county treasurer: ID. Z. Hallahan OF Ana
conda. Mont. wholesale liquor dealer; for
Mont, surveyor and assayer.
CHAIRMAN DR.. A. II. MITCHELL.
- asss4s. Physician. Deer Lodge, Mont.
X -.ff u. II. HosFoRD. Bookkeeper.
L. ID. HosFoRD. Secretary.
A. III. MITCHELL, Chairman.
This was filed October 3, within the time re
quired by law. Tho clerk and recorder OF Deer
Lodge county made up the official ballot for use
az said election, from the nominations on file In
his office. On tnat ballot no placed the names
OF 4. 5. StackDole, republican; ID. +. Hallahan,
populist, and James b. McMaster democrat, as
candidates for county treasurer; also all the
other candidates OF the different parties for
various Offices. He caused the same 10 be pub
llshed daily for more than ten consecutive days
immediately prior to the said election. In the
Anaconda STANDARD, daily newspaper OF
general circulation. published In the county.
slackpole had knowledge OF this publication.
ballot assd az that seeon and On his ocs Sa
not written thereon by any eiector. At that
election stackpole received 1854 votes, Hallahan
w-re duly and regularly counted and canyassed
and the returns duly made 10 the clerk and re-
corder within the time allowed by law. They
board. which declared that HaIIahanii had re re.
celved the highest number OF votes for county
treasurer. and declared him elected, and issued
for taking said ONCE by fling his oath and
bond.
The republican party, peoples party
and democratic party are each political
existing in said county.
The business of ID. +. Hallahan Is that of
wholesale liquor dealer. and his residence
and business address is Anaconda, Mont.
The business of the chairman OF the
county committee of the peoples party is
that OF physician; his name is A. Il.
Mitchell and his business address and
residence is Deer Lodge. Mont. Tho busi-
ness of the secretary of the committee, Il.
B. Hosford, is that of bookkeeper, and
his business address and residence is An
aconda, Mont. Contestant. f. S. Stack
pole, resides at the town of Deer Lodge,
n IL. n -
was, at the time said convention was
held and certificate filed, that of justice
of the peace. That the residence of the
,hairman of the said republican conven-
ton was Anaconda, Mont, his business,
his business address, Ana
,onda, Mont. That the residence OF tho
secretary Of said republican convention
was Deer Lodge, Mont, his business, ho-
lel clerk, his business address. Deer
Lodge, Mont.
Upon these findings the court filed the
following conclusions of law:
1. That the contestee. ID. II. Hallahan. was
rot nominated for the once OF treasurer OF
Deer Lodge county. Montana. TO be voted on as
county and other offices in the state OF Mon
ana, on Nov. 6th. 1894. by any convention OF
delegates representinga party or principle. nor
pose by such a Convention. nor by the electors
II said county
2 That the name OF said Hallahan was i'm
properly printed upon the oficial ballot pre-
Dared for said election by the clerk and re-
,order OF said Deer Lodge county.
3. That the said Hallahan was not elected TO
he said ONCE OF treasurer OF Deer Lodge
,ounfy af said election. an is therefore not en-
tilted 10 hold said ONCE.
4. Thar 4. s. stackpole, the contestant. did
hot receive the highest number OF legal votes.
and Is therefore not entitled TO be declared
,lected. hor 10 hold said once OF treasurer for
said county OF Deer Lodge.
3. IN % no other candidate or person re
,eiyed any grsgtest number OF votes than the
'aid Z S Stackpole. and there Is therefore no
1ther person entitled 70 De declared elected or
10 hold said once.
6. That no one was elected TO the once OF
treasurer OF Deer Lodge county at the general
slecfion held for county and other officers IN the
state OF Montana on Nov. 6. 1894, and said e.ec-
ion was VOID as 10 said once.
Let Judgment be entered accordingly. each
party paying his own costs
Judgment was then entered that neither
sfackpale nor Haliahan had been elected treas
Irer q Deer Ilodea county,