The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-27
VOTES MUST Be COUNTED
WITHOUT REGARD TO FORM
Judge Lindsay Renders His Decision
IN TIE Precinct 0svsntssc Ga
Dsmocraus Woes WI -
Counted.

Judge Lindsay. yesterday afternoon oe-
cided the precinct II question and d.
rected the county canvassing board TO
count all the votes a. returned by the
precinct oficers REGARDLESS OF the form
of the returns. The courts opinion in the
| matter reads as follows:
/ The State OF Montana. on the Relation
of Joseph A. Lewis. Plaintiff. vs.. w. ID.
Clark. Ed Matthews and Charles q.
Terrell. constituting the Board of Coun-
ty Canvassers of Election Returns OF
the County Of Silver Bow. and the said
Board of County Canvassers of Election
Returns for said County. Defendants
and Respondents.
In passing upon the question submitted
to the court for it's determination. the
court will be guided primarily by the pro-
| visions of the political code OF the state
OF Montana relating to elections. ana.
from an examination Of the provisions APP
plicable, believes II to be the plain duty
of the board Of county canvassers to can
vass the votes cast at Precinct No. IL. In
Silver Bow county. Montana at n general
election held on Nov. 9. lSee. and to de-
clare the total number Of votes cast
thereat on said day to be as ALLEGED In
the afndavit of the relator and the exhib-
1t thereto attached.
The certified returns conclusively show
| that the relator. q candidate Of the dem
ocratic party for the ONCE Of member OF
the house OF Representatives Of the state
of Montana received 315 votes In said Pre-
| cinct II at said election. and that the 9TH
er persons named in the afhdavit Of Jo-
speh A. Lewis for an alternative writ OF
mandate received the number of votes set
forth In Exhibit a. attached to said
afidavit. The board of county canvassers
nave refused and omitted to canvass H2
of the said votes so received as Aforesaid,
and by their answer allege that the re-
turns signed and certified by the Judges
and clerks of election. show that the re-
lator received l3 votes. and no more. and
that the other persons named In said an
swer respectively received the number OF
votes set opposite their names.
The finding of the court Is that the re-
turns do not sustain the allegations OF
the answer of respondents.
1t In true that the tally sheet submitted
I'm evidence Is not strictly I'm accord with
the manner In which such a check list
should be prepared. but my view Is hat
the tally sheet and poll book should he
considered together. and that both. and
not the one or the other. constitute and
are the returns.
With that in mind. II is no difficult mat
ter to ascertain and determine the vote
cast. canvassed, tailed and returned I'm
Precinct No. II, and to arrive at the con-
cllSlOn tndt tnt tOIlthtiob VI ~ ttato
is manifestly co~rrect-the statute ex-
pressly providing that no poll book or
| certificate returned from any election
| precinct shall be set aside or rejected for
want of form or on account OF Its not be-
| ing strictly In accordance with the direc-
| tions Of Part H., Title I'LL, of the political
| code. ~ IL can be satisfactorily under
| stood: and furthermore. that in canvass
ing no returns must be rejected IL 1t can
be ascertained therefrom the number OF
votes cast for each person.
1t is the plain duty OF the canvassers to
ascertain and record the will of the peo-
pie. They nave failed TO do SO. And. there
fore, Il Is the duty of the court to re-
quire that they so do.
The order of the court Is hat the re-
spondents, members Of and constituting
the board of county canvassers of cleo
ton returns of Silver Bow county. Mon
tana, forthwith. upon receipt hereof. can
vass the votes cast at Precinct No. II Of
Silver Bow county. Montana. at a gener-
al election held I'm said county on the Sth
day of November. 1895, and declare the
total number OF votes cast thereat in ia
vor OF the relator and the persons named
in the affidavit of relator. candidates OF
the democratic party. TO be as shown by
said anidavit and the exhibit attached
thereto.
Judge Mediation. representing the re-
lator. asked that the alternative writ OF
mandate be made permanent and that
Judgment be entered for the relator ac-
cordingly and for costs in the action.
Judgment was entered as suggested. The
attorneys for the defendants did not take
an exception to the ruling of the court.