Great Falls weekly tribune., 1896-12-18
Mr. D|CKERMAN WILL WIN OUT
Judge Benton Excludes Many Ballots
That We're Claimed for DR..
Gelsthorpe.
Rules Ont All Straight Party and
Hartman for Congress
Ballots.


clsre Arthur e. Dickerman elected
county treasurer by majority that is
estimated at at least 200 votes.
In the contest yesterday the court
made ruling concerning the recount of
votes that must have that effect.
When the court convened at 0:30
O'Clock yesterday morning evidence of
judges of election concerning the man
ner in which ballots were treated after
they had been counted was continued.
1t was concluded at II a. IN. and the
plaintiff then offered in evidence and
asked to have counted the ballots cast
in the Boston and Great Falls Addition
precinct, No. T. Objection was made,
but was overruled and the court ordered
the recount made.
Vincent Fortune and Geo. B. Lock
hart, appointed tellers, took their places
and the court opened the package of
ballots. The defendant asked that the
tellers be instructed to tally separately
the votes cast for Mr.. Dickerman as
republican and those cast for him as
"silver republican" The court replied
that he would not permit the question
of the legality of the nomination OF
either candidate to be raiaed at this
time. If the question had been raised
prior to the election, it might have been
considered. Under this view, the court
said, he could not see the necessity of
segregating the votes in the manner sug-
gested in the tally. Atty. Pigott, for de
fendant, replied that the supreme court
might disagree with Judge Benton on
this point and, if so, the defendant de-
sired the record to show how many votes
Mr.. Dickerman received on each ticket.
The court then agreed to the eegrega-
ton of the votes, with the understand
ing that he did not permit the question
of the validity Of any nomination to be
raised, and ordered the tellers to keep
separate the votes for Mr.. Dickerman
as republican and also as "eilver re
publican and for DR.. Gelsthorpe as a
populet and also as a democrat.
The count then began. When the
court found ballot to which objection
was made he laid ii aside and proceeded
10 count the other. Later the ballots to
which objection had been made were
coneidered. There were seven of these
plaintiff objectinG TO six, on which the
voter had marked IA cross in the circle at
the head OF the democratic ticket and
had also marked a cross opposite Con-
gresham Hartman s name on tbs 'silver
republican" ticket, and one to which
the defendant objected, on which the
voter had erased the name Of James W.
Freeman, candidate for county attorney.
This last was ordered counted for Dick
erman without argument.
On the other six arose question on
Hhich, all realized, probably depended
the result of the contest, at least go far
as defendants claims were concerned.
Plaintiffs attorneys argued that The
ballots on which straight democratic
ticket WAS voted and cross Wos also
marked opposite Hgrtman's name must
be thrown out: or, at least, could not be
counted for anyone except Hartman.
While the law says that the intent Of
the voter must determine the court, yet
the law Is mandatory and force cannot
be given TO the intention of the voter IN
cOntravention of the positive provisions
of the statutes. 10 hold otherwise
would be to nullify I'll election laws.
The intent of the voter must govern, but
that intent must be expressed in the
form provided by law. The plaintiff
further conteuded THAI the specific vote
for Hartman was Of greater force. where
conflict occurred, than the cross at the
head of the democratic ticket.
Counsel for defendant argued that the
cross at the head Of the democratic
ticket voted that entire ticket and that
the voter could then vote for Hartman,
as there was no democratic nominee for
congress. They contended that the in
tent of the voter, if il may be ascer-
tained, must govern, regardless Of the
forms required by law. To show that
the intent was to vote the straight demo
cratic ticket and for Hartman, they
cited the Instructions to voters which
were spread broadcast during the cam
paign and from which the voter secured
a matured idea concerning the manner
in which to express his intent. These
instructions directed the voter to vote a
straight ticket and also for Hartman.
Judge Benton held that the election
law is mandatory, citing Maine de-
cision, and further held that, the law
being mandatory, the voter must vote
according to it's forms. The attorneys
for defendant had then lost hope, but
Judge Benton, by slip of the tongue,
raised their hopes, only to soon dash
them. II overrule the objections he
said. "Does your honor mean overrule
or sustain? I made the objection" said
MIR. Cooper, and the court corrected his
error OF term, sustaining the objections
and, in effect, counting DR.. Gelsthorpe