The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-27
Special Dispatch to the Standard.


and republicans. Riddell introduced a
resolution summarily throwing White
side out and declaring Geiger entitled to
the seat, regardless of the merits of the
case. Myers offered a substitute that
the 10 ballots in dispute be referred to
! the judiciary committee, which should
obtain the opinion of the attorney gen.
era1 and report at Q o'clock Friday
afternoon. Phillips moved the previous
question, which shut off debate and the
minority could only express their views
as their names were called ON the vote.
Myers resolution was lost, ayes to IA
noes, on the roll call on Riddells mo-
! ton, Anderson denouncing the proceed
| ings as crime. Clark said it was the
most infamous act ever heard of in leg
islative annals. Norris delivered a fiery
and impassioned speech, arraigning the
democrats who were voting with the
majority for unseating a rightfully-
elected democrat, without so much as
giving the senators an opportunity to
examine the disputed ballots for them
selves. The principal speech was made
by Stanton. He explained the situation
graphically and thoroughly. He said
1.-THE gag law may be enforced to curb
the right of free speech. but it cannot
deprive a senator of the right to ex-
press his views briefly in explanation
of his vote on measure pending, and
this right now propose to exercise.
1--WE are now voting upon resolu-
r,hi aI, 10 icnn q
majority and minority reports of the
committee on elections and privileges,
and to seat the contestant Geiger, with
out regard to the evidence, and without
even an inspection of the disputed bal
lots. am constrained to believe that
there are not five senators here, aside
from the members of the committee,
who have seen the ballots in dispute.
Senators, how can you intelligently
and conscentiously vote upon this reso-
luton? The majority report gives the
contestant majority of one. Here is
ballot that was not counted, a cross
appears to the left of the contestee's
name; there is no mark whatever on
the republican ticket; cross appears
ticket, and the name of the populist
candidate for state senator is entirely
erased.
THE supreme court of this state, in
one Of its opinions, has said that where
the intention of the voter can be ascer-
tanned, the ballot should be counted.
Can there be any doubt as to the inten-
to h lat
for Senator Whiteside?
Senator Hannah, you are a minister
of the gospel, please examine this bal
lot and answer truthfully the question
/ have propounded.' Senator Hannah
being in the deal, declined to be inter-
rogated.
This ballot" continued Senator
Stanton, 'even conceding the conten-
tions made in the majority report, will
make tie vote between the contend
ing parties and entitle neither to "a seat
in this senate. There are IS other bal
lots before us here uncounted where
the cross, as you see is to the right
of the name in the dotted space to the
left of the heavy line separating the
party tickets. During the entire sit
ting of the committee the contestant
was represented by Col. T. c. Marshall
and M. S. Gum, two of the ablest at
torneys of the state, while the con-
testee was neither present before the
committee nor was he represented by
counsel.
when the first of these IS ballots
was reached in the count contestants
attorneys argued that the intention of
the voter was apparent, and the vote
should be counted for Geiger. The
three members of the committee MAX
ing the majority report concurred in
the views Of contestants counsel, and,
by motion then made, they counted the
ballot for Geiger, because the cross was
to the right of his name in the dotted
space, and the statute permits the
voter to make the cross on either side
of the name.
Senator Clark and myself expressed
no view as to the disposition of such
ballot, other than that the same should
properly be submitted to the senate for
dts decision. When the count was con-
cluded it was discovered that 10 of the
20 ballots so marked were for White
side and six for Geiger, thus giving
Whiteside a majority of five votes, after
rejecting the ballot l have mentioned.
which should have been counted and
would have made his majority six.
Like lightning change artist, coun-
sci for the contestant had a change of
heart and proceeded to argue vocifer-
ously that the Is ballots should all be
rejected and deducted from the tally
list The three members of the commit
tee making the majority report by
sympathetic absorption adopted that
view, repudiated their former action
and rejected the ballots, thus giving
the contestant one majority. The ma
jority report before us presents the
figures of the count, as it says, so far
as made and submits for the purpose
of completing the count, the 10 ballots