The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-11-18
OFFICIAL COUNT TIES BEvER
AND MORSE.
IT PUZZLES THE LAWYERS
Proper Way to Secure Decision in Fa.
vor of Either Much in
Doubt.
From Saturdays Daily Gazette.

From Saturdays Daily Gazette.
1t is very evident that the possibil-
ity of a tie vote for either a state
senator or representative was not COLI
sidered by the solons, who framed
Montana's election laws, as no pro-
vision is made in them for such a
contingency. The same oversight
was not manifested with respect to
any of the other officers, from con-
stable up to governor and congress
man, as the laws declare explicitly
what shall be done in the case of any
and all of them where~th respective
candidates shall have an equal num-
Der of votes and no alection has re-
suited.
This lack of provision is RESPONSE
BILE for a decidedly annoying middle
in Yellowstone county today. Two
very estimable gentlemen contested
in the late election for the honor of
being the county's representative in
the lower house of the legislature and
so closely was it known that they had
run that neither knew whether he
was elected or not. Then the returns
came in and it appeared that Mr..
Bever, the republican candidate, had
squeezed in by the narrow margin of
four votes. He received the congrat-
ulations of friends and partisans and
it was apparently settled that he was
going to Helena.
Now comes the county canvassing
board and counts the vote. 1t is dis
covered that the returns received, I'M
officially, have been faulty. Instead
of having even the small majority
with which he was credited, it is
found that Mr.. Bever has done no bet
ter than to tie his democratic Op-
ponent, Mr.. Morse, each having re-
ceived 735 votes. Not only is Mr..
Bever disappointed, but Mr.. Morse
sees no cause of citation on his part,
for neither is he elected.
The people are also disappointed,
for as yet no legal mind has been
able to show the way to go about it
sentation allowed it by law. They
have held an election and do not take
very kindly to the prospect Of being
required to hold another one, al
though so far the preponderance of
legal opinion is tina. they will be COM
PEELED to do it, 'cr no other course
seems to be omen.
The candidates themselves are no
wiser and each has submitted me
matter to his lawyers and will oe
governed by their AL 'ica. Nr. Bever
/ informed The Gazette this morning
that he was waiting to receive sivif.
from his attorneys before ne would
make any move and would not know
until this evening what he would do
Mr.. Morse said tho same. Neither one
apparently cares ~ institute a con
test. But ever if one or both con
templated such action, the difficulty
would be how to go about it. In the
section of the civil code relating to
contests it is provided how the con
testant shall proceed in cas- where
he thinks a certificate of election has
been %wrongfully or improperly issu
ed. Such contest, However, cannot be
instituted until alter issuance of
certificate. AS it is seer in the case
under consideration it is impossible
to issue a certificate as it is cleal
that neither one Of lie candidates i:
entitled to one.
1t is possible that some Of the law
yers engaged by Messrs. Bevor ant
Morse may be able to devise SOM
plan by which a contest can be mad
by one or the other of their RESPECTIVE
clients, but it is doubtful, owing t
the clear and very apparent wordin
and intent of the law.
Meanwhile everybody is waitin
and wondering what will be done t
clear up the tangle.
Last night the board of canvassel
completed the count. With the e,
ception of the change made in tn
status of the two candidates for re-
resentative no alteration in the gel
eral results followed. 1t was foun
that the only democrats elected al
Hubbard, sheriff, and Burla, treasur
The republicans secured all the OF
er Offices.
The ignorance concerning the GU
come of the contest between Messr
Hogle and Williams, republican an