The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-23
PRECINCT II IS N COURT
A Decision Win Be Rendered
To-Day.
THE ANSWERS ARE FILED
Judge Notation Argued the Case for
the Piaintins-Chsrles q. Terrell
OF the Board Filed . sspar-
ate Answer.

The members of the board of county
commissioners were too busy In court
yesterday to proceed very far in the
canvass OF the returns OF Silver o
county. The members of the board ap-
peared In court before Judge Lindsay
yesterday morning and were given I'M
til 2 O'Clock In the afternoon to file
their answer. At 2 o'clock they APP
peared again in court. accompanied by
Attorneys Z. N. HARDWOOD n +. T.
Mcbride. Their answer vas then filed.
In the answer the respondent denies
that II Is shown by the returns of said
election. certified or duly certified by
the judges and clerks of said election
precinct IL that 476 votes were can
vassed by the judges and clerks. or
that any greater number than 204 votes
were counted: deny that the eturns
certified n returned by the judges
md clerks thereof show that the num-
Der of votes were cast for or received
by the REALTORS or any other persons
named in the alternative writ OF man
date, or any greater number h the
respondents have allowed said candi-
dates.
Respondent claims that as a canvass
Ing DOdTu IL Olu CdnNdSS anu inCiuue IN
the anvas made by respondent of
the returns OF said election the whole
number of votes shown by the returns
from precinct No. II to have been al
vassed, counted. tailed and set down
opposite the name of each of sale per-
sons. as provided by law; and respond
ent denies that IL refused or omitted
to canvass the returns from said pre-
cinct No. IL or declare the result there
OF as shown by the returns made and
certified by the judges and clerks of
said election precinct or at all: and
deny that the board excluded 272 or
any number of votes shown by the re-
turns from precinct No. IL to have been
cast or secured by the relator or any
other person.
A separate answer was filed by
Charles G.. Terrell. democratic member
of the board. in which he admits the
allegations of the plaintiffs in the petit
ton for the alternative writ. He says
further that the poll book kept by the
judges and clerks at precinct No. IL
was duly certified by said judges and
clerks, and hat the certificate of said
judges and clerks contained In said
poll book show that the persons
named in said alternative writ received
the number of votes set opposite their
names therein for the respective offices
named therein
That the tallv sheet made by the
| judges and clerks of election and duly
certified by them shows that said per-
| sons named in said writ received the
total number of votes set opposite their
names for the respective Offices.
That both in the noll book and in said
tally sheet the total number of votes
received by each Of said persons named
i'm said alternative writ Is set down in
figures and in the poll book in writing
also and certified by the judges and
clerks of election.
That said tally sheet does show by
tally marks and f~r-es thereon each
vote received by each of the parties
named in said writ: that there are a
numbe of votes separately tailed
thereon for each of said parties and
then I'm the tally line opposite the name
of each of said parties is marked the
number 272, representing 272 votes in
addition to those separately Tailed,
and that the total number OF votes en-
tered and returned on said tally sheet
as received by each of said persons
amounts 10 the number of votes %
rately tailed by tally marks plus 272.
and that II did and does clearly appear
from said poll book and the Judges and
clerks certificate thereon. and from
aid tally sheet certified by them. that
ZACH of the persons named In said writ
received the total number of votes
which is set opposite his name in said
writ.
That said 272 bollots were what have
been designated straight democratic
votes, and that in the iva of the
votes at said precinct by the judges
and clerks thereof. the ballots upon
which persons nominated by the diff
ferent political parties We're voted for,
were canvassed first n the lumber
of votes received thereon by each can
didate' tailed on the tally sheet, and
then the number of ballots upon which
all of the candidates of the democratic
party were for were ~nvass and
that said number was 272. and that
each of the candidates on said ticket
having received 212. the said number
Of votes were set down in figures in
the tally line opposite each Of their
names by the clerks of election under
the direction of the judges OF election.
and as a more convenient way Of tally
ing salt votes, and this defendant say
that upon the face of the returns from
said precinct, certified by the judges
and clerks OF election thereat. II clear
ly appears that said votes were tailed
in said manner.
The defendant says he Is now and at
all times since the service of said al
tentative writ has been willing to obey
the same and to canvass the votes
from said precinct as directed by said
alternative writ.
After the answers had been filed.
there was a motion to strike out GER
tain words from the relation OF the
plaintiff which was argued by Judge
Harwood for the defendant and w. ].
Scallon for the plaintiff. The motion
Judge Mediation then argued the ease
for the plaintiffs.
John Nelson. clerk Of the board OF