The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-02
TO GUST THE TRUSTEES
The Long Delayed School Board
Contest Comes to Trial.
PEOPLE COULD NOT VOTE
Plaintiffs Allege That Facilities Were
Not Sufficient to Permit q Full Vote
to Be Cast-U nconstitution-
atty of the Law.

The contest inaugurated against
School Trustees Long, Frederic and |
Burke by the former trustees, Neon /
nell, Bray and Curtis, came to trial yes
terday morning before Judge Clancy, 7
sitting without a jury. The contes- /
ants were represented by Judge Il. |
n Harwood and the defendants by Col. /
Emmett Callahan. The theory on which |
the contest is based is that there were
not voting facilities sufficient to per-
init full vote to be cast. and that IN
consequence a number OF voters We're
deprived of their franchise, and for
that reason the law under when the
defendants were elected is unconstitu-
tional. Another reason advanced Tor
the unconStitutionality or the law Is
that it is special legislation, as it ap-
plies to but certain designated school
districts having a certain population
and not to all districts in the state. A
number of witnesses were examined as
to the conditions around the polls on
election day April B. 1897. The first
witness was o. j. Mcconnell, one OF the
contestants. He said he stood In line
for two hours before he could vote.
Edwin Bray another of the old trus-
Centeryille and went to the polls at
o'clock in the morning and found about
$50 people in line. He visited seNefal
other polling places and found the con-
ditions similar, and number OF per-
sons could not vote
James McManus said he reached the
polling place at the West Broadway
building at 8 o'clock in the morning
/ and waited six hours before ne was
/ able to vote.
Phil A. Gamer testified that a num-
/ Der of men in his precinct, after waiting
a long time, had to leave because they
4 could not get an opportunity TO Vote
on account of the great crowd.
j. r. Wharton, receiver of the Butte
/ street Railway company, was the next
witness. He said the interest In the
last school election was very intense.
/ His voting place was OF the Nest
i broadway school building. He went
j there between 8 and 3 o'clock in the
morning and found $50 to 200 people IN
| line As he could not await his turn
he went to his office and went back at
/ . o'clock but the crowd was just as
great He went away and returned
! again about O'clock and the crowd IN
/ line was greater than before and he
| saw man in line who had been there
at 2 o'clock. The man was stu long
way from the window. Mr.. wharton
asked him if he had been there all that
time. and the man said he had Mr.
Wharton then concluded that there was
no use for him to wait, and he went
away without voting and walked over
to the old High school building ana
found an immense CROWD Struggling III
a. mass to get to the polling place. The
crowd had pressed against the door nn=
til they had forced it from the hinges.
Mr.. Wharton heard great deal of dis
content expressed among the people on
the streets over the fact that they could
On a mi n r.
Callahan Mr.. Wharton said the voters
at the West Broadway building were
very orderly. He could not say that
the delay in voting was due To the ae-
ton of the election officers in throwing
obstacles in the way of the voters.
A n. Yoder was called and' then the
court inquired as TO how many wit
nesses Mr.. Harwood intended to call
on the one proposition. he thought
there ought to be a limit to them some
where. Mr.. Harwood said as the mat
ter was of such common interest there
should be a considerable number of
witnesses allowed Colonel Callaha
stated TO the court that so far as the
defense was concerned he would an
nounce that not a single witness would
be called. and for that matter he was
willing to admit everything the other
side had sought to prove.
Judge Harwood did not believe that
:. would be satisfactory, but the court
a consultation and see if they could not
agree on some means to shorten the
matter and Mr.. HarWood and Mr.. Cal
lahan retired to the judges chambers
to talk the matter over When they
returned into court Judge HARDWOOD an
nounced that they had agreed as to ths
general condition as to the efforts OF
voters to cast their votes al the various
precincts might be proven by the testi
mOny OF two or three witnesses IRON
each district who We're cognizant of tht
condition and as to the general effor
of voters to vote, their failure or sue
cess. and the time required to do SO
Mr.. Yoder then testified that he mad
four or five attempts to vote at TIL
East Broadway building, and that h
stood in line three different times am
was still standing in line when the poll
closed. He waited in all about thre
hours.
John b. Firch, a voter at the Yves
Broadway building, said he was in lin
all forenoon but did not get an oppor
tunity TO vote and went away. II
? came back about . O'Clock and remain
ed in line till evening. A number 0
people left because they saw that
: would be impossible to get a chance t
cast their ballots at the rate other
were voting There must have been be
tween 900 and 400 people at the poll
when the polls closed and they coul
not vote Firch said he saw Some o
the candidates about the polls. but di
not see them interfere with any on
1 and saw no one else keep any one fror
l voting if he could get TO the window.
Paul Ozaane. an abstract clerk, ties
tilted to the number of votes registere
in each district. and compared them I
the number of votes cast. The test
mony was not concluded when couT
adjourned for the day.