The Anaconda standard., 1898-11-22
AN ALTERNATIVE WRIT
Must Count the Ballots or Appear
in Court.
AN AFFIDAVIT BY LEWIS
The Board OF Canvassers Must Show
Cause for Not Counting the Demo-
cratic Ballots IN Precinct IL.
How the Vote Stands.

The only incident in the proceedings
OF the board OF canvassers yesterday
morning was the serving on Mr.. Clark.
tive writ OF mandate. requiring the
board either to count the 272 democra-
tic votes in precinct IL or to appear be-
fore Judge Lindsay at 10 O'Clock this
morning and show reason why they
should not be counted.
The writ of mandate was issued by
Judge Lindsay yesterday morning on
an affidavit made by Joseph A. Lewis.
one Of the democratic candidates for
the legislature. In the course OF the
affidavit. Mr.. Lewis says:
That on the 18th day Of November.
said board OF county canvassers took
up for consideration and canvass the
returns Heretofore made OF the Judges
and clerks OF election for precinct IL
for the purpose of canvassing the re-
turns OF said precinct and determin-
ing therefrom the number of votes cast
thereat. That at said election the
democratic party received at said pre-
cinct IL, the total number OF votes set
opposite their names by numbers
marked therein in ink and that the
judges and clerks for sad precinct IL
duly certified that each of said parties
had received said total number OF votes
at said precinct. But that said board
of county canvassers refused to can
vass the returns from said precinct IL.
and to declare the result thereof ac-
cording to the returns made or at all.
except to refuse to canvass and count
212 OF the votes which were cast there
at for the democratic candidates and
did deduct from the total number Of
votes cast for the parties. 27e votes
cast at said precinct. and said board of
county canvassers still refuses to can
vass the returns from said precinct,
and to declare the result as shown by
said returns. and still refuses to
count 272 of the votes cast for
said parties aforesaid as shown by the
returns therefrom made by the judges
and clerks of election thereat, and have
reduced the number of votes cast for
each of said persons as candidates on
the democratic ticket at said election,
by said 2I2 votes. and are threatening
TO and still continue to refuse to count
said number OF votes unless required to
do so by a mandate of this court"
Mr. Lewis says that Mr.. Ferrell. a
minority of the board Is ready and Will
ling to count said votes but the others
refuse. Innumerable contests will re-
suit unless these votes are counted. He
ASKS lne court 10 issue an alternative
writ of mandate requiring the board
either to count the vote or show
cause.
On the affidavit OF Mr.. Lewis. Judge
Lindsay issued an order that the clerk
serve an alternative writ of mandate
on the board to count the vote as asked
in the affidavit. and IL they fail or re-
fuse to obey the order. they be required
to show cause at 10 o'clock on the
morning of Nov. %.
When served with the order, Chair
man Clark merely remarked that the
board would obey any order the court
would make. and IL the court decided
that the canvass must be made in this
way they would go back to precinct 1
and canvass the returns all over again
in accordance with the instructions.
Six precincts were canvassed during
the day. being from Nos. 20 to 25 in
elusive. The total vote for congress
man in the 25 precincts already can
vassed is as follows: Campbell. 4,625:
Marshall. 1913; Hogan, 1922 The vote
for chief justice in the 20 precincts as
canvassed by the board is as follows:
Pemberton. 5.09s: Brantly. $50. There
are 23 more precincts to be canvassed
and probably 20 per cent. OF the vote
has been canvassed.
The canvass yesterday resulted as
follows: