The Ravalli Republican., 1898-03-09
THE CONTEST ON.
The Hamilton Petition Presented aud All
Election Ordered.

The Hamilton Petition Presented aud An
Election Ordered.
The Hamilton petition for the re-
mUval OF the county seat from Stew
ensville to thai city was presented to
the commissioners yesterday morning
and was presumed to have POS sig
natures Of qualified electors upon it.
Short arguments for and against i'm
mediate action were made by Messrs.
O'Hara, McCulloch and McCrackin
for the petition, and Messrs. Calkins
and j. r. Faulds against present con-
sideration. The point raised by the
opposition was that the board could
not be Certain that all the alleged
signers were qualified electors with
out some investigation.
Mr.. O'Hara argued that the pre-
sumption was that they were, be
cause they had SO stated in the pc
tition which they had signed, and
the board must presume that to be
the fact until proof to the contrary
was laid before it,
Mr.. McCulluch, in reply to an as
sertion from Mr.. Cakins that he be-
lieved a signer should be registered
elector, argued that the petition for
registration made by the legislature
was simply a police regulation for the
governing Of elections, and not for
the determining of such questions as
this.
Mr.. McCrackin held the same views
as Mr. O'Hara and thought as the
petition had been regularly presented
to the board and there was no proof
that the signatures were not genu-
ne, and of actual qualified electors,
all the board could do was to make
an order for the election; that the
opposition had seven months yet in
which to produce proof Of illcgality
Of the petition and have the order
for the election annulled.
Mr. Calkns held to his opinion in
regard to the qualification of the
signers and thought the board should
not take what might be considered a
snap Judgment at this time, but
should set a time at which the op-
position might be heard.
Mr. Faulds believed, also, that
the names of the signers to such a
petition should appear on the regis
traton books. FIc said that he
wanted things done right. If the
election came, all right, he was
ready for it; he wanted it to come,
but he didn't want it to come on any
"fac simile."
Chairman Watts gave it as his
opinion that the only thing the
board could do, in the absence Of any
proof that the petition was not en-
tircly regular, was to obey the plain
language Of the statutes and order
the election. If further proof was
Forthcoming there was plenty OF
time before now and the election tC
knock the matter out. Foe himself,
he said that he meant to he governed
in all his acts as commissioner by the
law as laid down in the statutes, and
as the statutes in this case said that
if there were sufficient number OF
signatures to such petition tho
> comm issioners "must'' order the
election, their duty was plain.
Commissioner Lucas held the same
opinion Commissioner Williams was
inclined to think the matter should
be put off in order that the boarc
might ascertain for itself the genu
incness Of the petition, and also was
: not satisfied in his mind as tC
whether the names Of the sigucsl
should have been on the registration
\ lists. 10.
Commissioner Lucas moved thai
the board order an election tor tht
removal Of the county seat from
Stevensyille to Hamilton, such cleo
tion to be held at the next genera
election. Commissioner Williams
] did not feel like seconding such ;
motion at the present time, an(
(, Chairman Watts seconded it. Ill'
$ motion was put and Messrs. Watt
1 and Lucas voted "ayc." When th'
: "noes, we're called for COMMISSIONS
Williams said nothing and bcin!
! asked by Chairman Watts if he dc
sired to vote, answered, "Oh, let i
, 60" And the election is ordered fo
. the Sth of next November.