The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1897-02-26

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constructive lhd been proven against-
election od1eets, and with few excep-
tlons SUCH 9l1t tgal voters as have been
proven weyN Rst with,the honest be
lief that III persons had right to
u vote. Thakthe elections held by the
townships Ah the town and cities,
j within thalf limits, were held at the
usual places 10 fraud was used, and
they voted 3t the most convenient
places. NpI disfranchisement has
been shoM because voters did not
know the D44e, and the contestant
has not shoS that he has In anyway
been injure&s ~ holding such elections
In the t0w1s Ind cities. The attor-
neYs' moti0k 70 dismiss was over.ruI-
ed. !.
j a. Z. MilIe1 was called for defence
and put IlaR of st. Thomas 10 evil
dence shOWgd position Of grader shed,
school hous ,|etc.
Joseph IN. Mr.. Lee was examln-
ed as to big ktpwledge Of the persons
on the Neche poll books. Mr.. Lees
testimony Rts that he personally
knew everYbSrson on the list except
about hall dozen. Mr.. Lee also
testified that he had talked with
4 John Stat1thorpe, on politics and
StainthOrp said he had voted for
BrYnjolfs0lS Another voter had told
witness thaN he had done nothing
wrong as hShad voted with the man
for whom was employed.
4 Owing taxhe difficulty 10 getting
witnesses oSing to the blizzard, two
other of ttyoters on the Neche list.
were admie Nd to be unqualified, and
the testim1'l0Npy lNly was closed for both
sides.
The courtadjourned on Saturday.
There is some. doubt as to when argu-
ment will - made. There was talk
Of It's comiAg of at Grafton to-day
and tomofk6w, but as the points are
many and ill require considerable
looking ups TO authorities, it is pro-
bable thatehe attorneys will ask a
longer timN There have been nearly
one hundre6 witnesses sworn ON this
case and quite number subpGnaed
beside. ThSre have been three spe.
cial assembysngs of court to hear the
motions al1 evidence. 1t has taken
nearly q week tt this time. Besides
the princlpsls there are or have been
Messrs BaAgs5 Stack and Kneeshaw,
working fks Mr.. Brynjolfson, and
j Messrs Young ana Bosard for Mr..
Miller. Of4burse the costs, up to
this time must amount to pretty near
"a years salsry and will mostly have to
be paid by the loser. The ordinary
expenses d running the court are
paid by the county, and include light,
heat, and court officers.
1t is not expected by anybody that
Judge Sauter's opinion will stand
without appeal to the supreme court.
II appealed, 1t will add considerable
to the expense, as the briefs will prob
ably have to be printed, and they will
be pretty long.
On the face Of the evidence it would
appear that by their own evidence
about thirty Neche witnesses have ac-
knowledged lack Of voters qualifica-
tions. A few others are doubtful
cases. but will probably be considered
as prima facie voters as there is moth
ing positive showing that they are not
voters.
1t would seem. IL this view is correct,
that SO far as illegal voting at.Neche
is concerned that the contestant has
failed to make case as to numbers,
as it would require over fifty illegal
votes to balance the majority return
ed for Miller by the county canvassers.
On the ground of fraud by the Ne
che election officers, the evidence is
the other way, and the utmost that
could be said, is that owing to lack of
extreme partizanship, that the chal-
lengiDg was not SO general as ut some
other times, or some other places. The
Testimony clearly shows that there
was no "coloniztng" from GretDa as
might have been expected IL fraud
was contemplated and almost every
witness who acknowledged his lack of
citizenship, also swore and was proven
by others, to have been in ard about
Neche for some time or times during
the year previous or longer. That Is
to say, to the judges Of election. each
voter polled was apparently a resident
and q voter. The other points of the
case are largely questions of Law; but
we doubt ifany court will dlsfranchise