The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-15
cAlvASSIHG THE RETURNS
Omcial Board Will Start in at
Noon To-Day.
WHAT THE STATUTES SAY
No Provisions Made for Holding Another
Election II . Ballot BOZ II Stolen.
Interest Ceutsrs in the Chief
Justice Race.

The board of county commissioners
will start at o o to-day c~anvassing
the Official returns of Silver Bow coun-
ty. The election laws of the state Of
Montana provide that the county ON
missioners must meet as a board of
canvassers to canvass the returns with
in 10 days after each election at IL
o'clock noon. In case any Of the COM
missioners are absent. their places must
be supplied In the order named by the
treasurer, the assessor and the sheriff,
so that there shall always be three act
ing members of the board of canvas
sers. The law provides that IL the re-
turns from all precincts are not in when
h board meets, the canvass must De
postponed from day to day until all the
the returns have been received or until
sever postponements have been had. 1t
Is understood that all the returns have
been received from Silver Bow county.
but they are sealed up and the result IN
a few outlying precincts will not be
known until the official canvass is
made.
The question has been asked by many
what would likely be lone by the
ty commissioners in case the ballots IN
any precinct were stolen, as was ap-
parently attempted in precinct s on the
night of election. Some have thought
that a new election would LAY to be
ordered and others that there woul be
an election merely In that precinct.
A perusal of the election laws, how
er, fails to show n provision for a
case of this kind. Apparently. the
comp.lers Of the law never contemplate
ed anything so outrageous as the theft
of a ballot box. The law says:
IF 1t appears to the board by evil
dence hat the polls were not opened
in any precinct and no returns have
bee received therefrom. the board
must certify to the anne and file such
certificate with the county clerk with
the evidence, IL any, who must enter
the same i'm the minutes"
There is no provision for ordering a
new election. In the penal code there is
there Is the following provision for the
punishment of election officers, who
monkey with the votes:
Every officer or clerk of election,
who aids in changing or destroying any
poll list or check list or in placing any
ballots in the ballot box or taking any
therefrom. or adds or attempts to add
any ballots to those legally polled at
such election. either by fraudulently in
Producing the same into the ballot box
before or after the ballots therein have
been counted. or adds to or mixes with
or attempts to add or mix with the
ballots polled any other ballots while
the same are being counted or iva
ed or at any other time with the in
tent to change the result of such cleo
ton, or allows another to do so when
i'm his power to prevent IL, or carries
away or destroys or knowingly allows
another to carry way or destroy any
poll list. check list. ballot box or bal
lots lawfully polled, is guilty of a fell
ony." The punishment is nxed at i'm
prisonment ranging from six months to
two years.
Ii is likely that 1t will require two or
three days to complete the canvas of
the returns of Silver Bow county. II
Is claimed that there IL about SOS. 900
tied up in the pool rooms which not
be released until the final count is COM
pleted.
The main interest here now lies in
the vote on chief justice. The unoGi-
cial figures give Pemberton a plurality
of LEO. but the republicans claim that
this is in excess of the official figures.
The democrats are confident of Pember.
tons election by more than 300. while
h republicans claim Brantley's cleo
ton by A.. IL IL is as close as that the
result will not be certainly known until
the state board Of meets,
which will be on the first Monday in
December. The state board of canvas
sers consists of the state auditor. state
treasurer and attorney general. In case
there should be a tie in the state on the
vote for chief justice. the governor APP
points the chief Justice. In case of q
tie on any county Office. the board of
county commissioners will select the
person to fill the vacancy.