The Neihart herald. [volume] (Neihart, Mont.) 1890-1901, 1896-12-05

On Monday last Smith and Gormley
attorneys, filed in the district court, CON
test proceedings of p. T. Sweeney VS.
j. l.. Walker.
The complaint alleges for its cause Of
action that the returns did not show the
number of votes cast at said election for
said J. l.. Walker, for the reason that
Illegal votes were cast and counted
which if taken from him would reduce
the number of his legal votes betow the
number of legal votes given for contest
ant. And tor specification Of such illegal.
votes contestant .ayers...- -
That there appeared upon the official.
ballot a column of pretended nomina-
tons headed ..Peoples Silver Ticket"
in which appeared the names of candi-
dates for all the various county offices
printed in the usual order, including
the name of j. l.. Walker as candidate
for county commissioner.
Second, that said pretended Peoples
Silver Ticket was illegal and. void, for
that no nominations were made by said
Peoples Silver Party was never assem-
bled or called. and as contestant is in
formed and believes no such party was
ever in existence in said county.
Third, that there also appeared on
said ballot in the column headed "Peo-
pies Party Ticket following the nat
ional and state portion of said party
ticket, a county ticket identical in all
respects with the ticket hcreinbefore
mentioned.
Fourth, that said pretended Peoples
party ticket was illegal and void, for no
nominations whatever were made by,
for or in behalf of said Peoples Party
in said county.
Fifth, that certain papers were filed
| with the County Clerk p%urporting to
certify to the nomination of said ticket
both by the Peoples Party and the Peo-
Piles Silver Party, whereas in fact no
such nominations were made by either
Of such parties, or pretended parties,
and said papers were both executed and
filed without authority in law or in fact,
and were part of Il fraudulent design TO
get said names upon the official ballot
in two different places, so as to mislead
and deceive voters into believing that
such persons were the nominees of the
two different parties as aforesaid, and
the contestant alleges that the placing
of said names, including the respond
ents, upon the ballot in the manner
designated at all, was a fraud upon the
voters of Meagher county, was without
authority or warrant of law, and was
illegal and void.
Sixth, that all the votes for respond
ent for said Office were cast by using
seid illegal ballots as aforesaid, said re-
s%pondents name appearing thereon III
no other place or manner than herein
before designated; that in the precinct
of Neihart, in said county. there were
cast at said election for said respondent
for said Office more than four votes on
each of said tickets as h~ereinbefore
mentioned, and had the votes for re-
spondent on either of said illegal tickets
not deem counted, the contestant would
have a higher number of legal votes for
said office; that said contestant would
be elected. commissioner Of said county
Wherefore contestant prays that re-
spondent's certificate be revoked, that
contestant be declared elected to said
Office of County Commissioner and that
a certificate Of efection'be issued to cou'
~testant therefore. 81