The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-12-30
ALL DEPENDS
ON JUNCTION
If ITS VOTE STANDS BEvER is
ELECTED.
PROTEST FILED BY MORSE
Demands That Precinct Be Thrown
Out Because of Illegal Voting
by One Man.
From Mondays Daily Gazette.

Bright and early this morning COun-
ty Commissioner Jacobs arrived from
the Musselshell and the full board
was in the city, the other two mem
bers having preceded him. At 10
o'clock the three met in the Office of
order by Chairman Parker as q board
OF canvassers to canvass the vote cast
at the recent special election held for
the purpose of deciding the tie that re-
suited for representative at the reg
ular election of November 4. The
small room was filled with men anxi-
Gus to know the result, as it was gen
orally believed that the two candi-
dates had tied once more.
The Hon. j. t. Smith of Livingston
appeared as legal representative for
Mr.. Morse, while F. H. Hath
horn was there in the same capacity
for Mr.. Bever. At the conclusion of
the canvass Mr.. Bever appeared elect
ed on the face of the returns, but Mr..
Smith renewed his former protest
and demanded that one precinct, June
ton, be thrown out on the ground Of
irregularity of proceedings on the part
Of the judges, a protest against allow
ing the vote of the precinct having
been made.
One of the judges, J. c. Orrick, had
written to County Clerk Carwile that
man had voted there who in his opin-
ion had not the right todo so, not hav-
ing been registered. This letter had
been given to the board by the clio
Mr.. Orrick wrote that a man had
been permitted to vote against his
protest, based on the ground that the
man was not legal voter, not hsv-
ing Deen registered at the regular
election held November 4. He further
more wrote that more than this, the
man had voted to his positive knowl-
edge, in Custer county at the regular
election Continuing, the Judge wrote
that the man in question had appeared
at the polls shortly before the clos
ing hour and demanded the right to
vote, saying there had been no regis
lary agent in the precinct during the
interim between the regular election
and the special election; that he had
been a resident of the county and
ctoto tho rouuirod tinoo ord woc
therefore entitled to vote. Against
his objection the other two judges
had permitted the man to swear in
his vote, Notwithstanding he had pro-
tested against such procedure, know
ing the man not to be entitled to the
right of franchise, not having compli-
tration. Mr.. Orrick concluded by ask
ing that the clerk inform him as re-
CARDS the law in the matter and if
whether the vote of the precinct had
not by reason of the occurrence noted
become invalid.
The two attorneys held, opposite
views as to the power of the canvas
sing board in the premises. Mr..
Smith maintained that the Junction
vote should be thrown out, while Mr..
Hathhorn held the board to be with
out power. 1t was finally decided
that the matter be held open until
1:3O o'clock this afternoon to give the
lawyers time to look up the law and
decisions.
The vote as shown by the returns
gives Mr.. Bever one majority, count
ing junction. With this precinct
thrown out Mr.. Morse has the better
of it by three votes
The returns as submitted are as
folows: