Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1900-10-31
Are Decided Not to be Essential
Before a Legal Voter May
Register
DECISION SuSTAINS CLERK KELLY
Question Arose in Butte and
Was Taken to the Courts
for Settlement


Assistant Attorney General" and
Jack W8ssou have becl overrulcd.
TOO bad, but it's a fact, nevertheless,
Attorney General Nolun and Clerk
aud Recorder Kelly are amply sus-
tained in their opinions by Judge
Clancy, of Butte, who was called upon
to decide the much talked Of question.
In Fergus and other counties there
has been the question whether or not
IL man who rad moved from one dis
trict toanother since his registration
two years ago could he registered
where he now resides without first
presenting certificate Of the cancel
latlon Of the former entry.
Attorney General Nolan advised
Clerk Kelly such certificate was not
absolutely necessary, aud, acting on
that instruction, Mr.. Kelly SO advised
the registers throughout Fergus
county, but Jack WassOn thought
differently, raised great hue and
cry and secured a confirming tele-
gram from one Loeb, who does the
chores around the Office when Col.
Nolan Is at home and responds To in
quiries when he is absent.
In Butte man who two years ago
registered and voted In Granitecoun-
ty desired To be registered In Butte,
but the registry agent refused to
enter his name on the rolls until a
certificate OF the cancellation OF the
Granite county entry was presented.
Appeal was taken TO Judge Clancy,
W. NJ. Bickford, a leading attorney,
appearing for the elector and County
Attorney Connolly for the registry
agent. Both attorneys agreed the
registry agent was wrong, but In
order to secIre decision from the
court Mr.. Connolly cited the law and
made the best Of the case.
Judge Clancy decided the man could
not be deprived of his vote because
he had not procured the certificate
demanded by the agent, holding that
a man who had legitimately changed
his residence and was otherwise quail
fed to vote could not be disfran-
chised because he did rot first cancel
the registration OF two years ago.
The daily papers oil report the de-
cision. The following appeared ia
the Anaconda Standard:
In the mandamus proceeding
brought by Hillary Harris against
Registry Agent Widen Pinkham,
Judge Clancy yesterday afternoon
decided that Harris was entitled 10
be registered In Butte, notwithstand-
ing the fact that he had registered in
Granite county two years ago. The
facts of the case ts presented to the
court were that when Harris pre-
sented himself for registration to Mr.
Pinkham he took the necessary oath
and made affidavit as required of all
applicants. The agent then asked
him II he bud registered before for the
present election, and when he replied
that he was registered in Granite
county two years ago the agent re-
fused to register him again on the
ground that the law Pro?ided that
persons residing In communities or
tswns having less than 1000 voting
population should register only once
height years, and when they remove
to another district their registration
should be transferred by certificate
from the registry agent. The petition
for writ OF mandamus was met by
County Attorney Connolly with "A
demurrer, which WAS argued and
went to the entire merits OF the case.
Mr.. Connolly read the law and ad-
mitted that 1t was conflicting and
confusing. but that Ii seemed to con
leUDpidtt tuul IL ttItiuShte va u ohsici
should be taken out by a person
changing his residence from one dis
trlct to another.
w. NJ. Bickford, who represented
Harris, maintained that the provision
was not applicable to the case. and
could not mean that n man who had
once removed permanently from the
district where he had registered,
probably after the registry agent had
died or left the country and the old
boooks mad been lost or destroyed,
should be required to get certificate
OF transfer from one part OF the state
to another.
Mr.. Connolly said be was satisfied
that Mr.. Bickford's view Of the mat
ter was the reasonable and sensible
one, and all he wanted was to have