The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-26
Whiteside Has a Majority of Six
in the Flathead Contest.
THE INTENT OF THE VOTER
The Decision on Nineteen Ballots Will
Be Made by Vote of the Senate.
The Report Made a Special
Order for Friday.
Special Dispatch to the Standard.


task The result shows that White
side has a majority Of six, counting
certain ballots on (which the voter mad
marked a cross to the right instead of
to the left of the candidates voted for
There are 10 such ballots. 13 in favor of
If all 19 are thrown out. Geiger sgill
have majority of one But the intent
of the voters is 50 plain that only a
glarng act of Injustice can deprive
Whiteside of his seat. There will he a
majority and minority report to-mor-
row. The majority report will be sign
ed by Hoffman, Tierney and Worden,
two Clark democrats and a republican.
1t will read:
The Majority Report.
''Mr. President: Your committee on
elections and privileges having had un-
der consideration the contest election
case of Geiger VS.. Whiteside, beg leave
to report as follows:
That, in accordance with the resolu-
tion of the senate, we caused to be llo-
duced before us the official returns of
Flathead county and official ballots
used at the last general election, with
the exception of the ballots from pre-
cinct No. II. which said ballots were
not in the possession of the commit
tee.
That the committee .heleupon pro-
ceeded to make recount of the entire
ballots of said Flathead county cast at
the last general election, and accord
ing to said recount as far as the COM
mittee We're able to proceed. the result
showed six hundred and eighty-eignt
(6SS) votes for John G. Geiger and six
hundred and eighty seven {6SD Cor
Fred Whiteside fo" state senator from
Flathead county. That there were 10
ballots cast upon which the committee
were unable to decide, Six of which pur-
ported to be for&Geiger and 13 of which
purported To be 6or Whitesids. These
19 ballots are herewith submitted by
your committee for the consideration of
the senate and for the decision of the
entire senate thereon as to the ques-
tion of the intent of the voter casting
each Of said ballots. Your committee
further recommends that the consii-
GRAFTON of the majority and minority
reports of committee, on account of its
Importance, be made a special order for
Friday, January q. at O'Clock p. M.
THAT the 10 ballots in dispute are
herewith transmitted by your commit
tee and made part of this report
The Minority Report.
The minority report will be signed
by Clark and Stanton, antiClark dem
ocrats. 1t will read:
'Mr. President. we, the undersigned
hereby submit for the conscientious
considera tion of the senate, our minor
ity report as follows:
ION Jan. 90 the committee met for the
purpose of canvassing the ballots of
I'M N1,41 a1Ctt r,FS
of state senator. The contestant, John
III. Geiger, was represented before the
committee during the entire sitting by
Thomas C. Marshall and M. S. Gum
as his counsel The contestee, Fred
Whiteside, was not present, nor was
he represented by counsel The clerk
and recorder of Flathead county was
the returns received at his office, from
which testimony, and further develop
ments, it appeared that the ballots
from precinct No. II had never been re-
ceived by the clerk and recorder of
Flathead county, and consequently
We're not canvassed by the committee
In this precinct the majority of votes
as shown by the official returns were
in favor of the contestant, Geiger, and
the majority of the committee decided
to accept the returns as the vote of
that precinct without further effort to
secure the ballots, Notwithstanding the
fact that the canvass of the ballots of
the different precincts revealed the fact
that numerous mistakes We're made by
the judges who canvassed the ballots.
THE committee proceeded to canvass
the ballots of the various precincts that
We're produced before the committee
and agreed as to the intent of the vot-
ers relative to all ballots save the
number of 10 ballots, which are SUBJ
mitted for action by the senate. We
desire to say that the first of the bal
lots concerning which there was a doubt
in the minds of the committee as to
the intention Of the voter was ball
lot with the cross to the right of the
name of Geiger and in the dotted space
to the left of the heavy line separating
the party tickets. Counsel for contest
ant urged that at that time this mark
ing showed an intention on the part
OF the voter to cast his ballot for Con-
testant Geiger, while the members of
the committee making this minority re-
port contended that the ballot should
not then be counted. but should be
submitted to the senate for action by
that body. A motion was made by one
of those presenting the majority re-
port to the effect that such ballots be
counted for the contestant. Geiger, and
this motion was carried by a vote of
all presenting llle lIldJoTltS report.
After the canvass of the entire vote
had been made it was ascertained that
six ballots so marked We're for the con-
testant, Geiger, and II ballots so mark
ed were for the conteStee, Whiteside
The opinion of counsel for contestant
was at once changed and those pre-
senting the majority report concurred
in the views of counsel for contestant
that all ballots so marked should not
hn counted for elf her TINS
tirely changing the position taken at
the beginning Of the count. and thus
repudiating the action by them taken
before the number of such ballots was
ascertained.
ut is our judgment that there can
be no question whatever as to the in
tention of the voter in respect to IS
ballots submitted for the consideration
of the senate, and the intention of the