The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-17
NoRTHWAY is SHERIFF OF ROSE.
BUD COUNTY.
ILLEGAL VOTES WERE CAST
Twenty-Three at Kirby, Forsyth, sabra
and ArmeII's Greek for Democratic
Candidate Thrown Out.

At last Joseph H. Northway, after
more than a year has passed since
his election, has been finally declared
TO be entitled to the Office of sheriff
of Rosebud county. The decree order
ing his installation was rendered at
Forsyth last Saturday by Judge Loud
and one of the most stubornly contest
ed and memorable OF the many politi-
cal wars and rows in the history OF
Montana has probably come to close,
unless an appeal is taken.
At the last general election Notrh-
way and Robert J. Guy were the re-
publican and democratic candidates,
respectively, for the Office Of sheriff
Of Rosebud county. Six hundred votes
were cast for the two candidates, max
ing tie. Charles Davis, who held the
Office by virtue of his appointment
by the legislature when the county
was created, refused to surrender,
holding that no sheriff mad been elect
ed and that under the law he was
entitled to hold over. Charges OF
fraud and illegal voting were made by
the republicans, who took the matter
into the district court The testimony
taken was voluminous and much OF 1T
was contradictory, as is usually the
case in such actions. Months were
consumed in the trial of the cause and
the county learned much concerning
the cost of contested elections when
taken into the courts.
5Because of the complexity of the
matters Judge Loud was not prepared
to decide offhand and took the case
under advisement. The decision he
rendered was made in chambers.
The Facts Found.
had been appointed sheriff of the
county and having duly qualified was
sheriff at the time OF the election;
that at the election no other persons
We're voted for, nor were there other
candidates for the office of Sheriff
than Guy and Northway; that the
vote was tie and no election resulted
and that the county commissioners
sitting as a canvassing board, had so
declared, this having been done Nov
ember 13, 1902. The court further
more found that when the commission
ers met in December of the same
year they appointed Guy and that
Davis had refused to yield the office
to him; that in January of this year
they had again appointed Guy and
that Davis once more had refused to
surrender the Office to him.
1t was also found by the court that
in the precincts of Hathaway and
Rosebud 67 votes had been cast and
their casting had been by persons
regularly registered, except that they
had not been required to subscribe to
the oath provided by law; that the
registry agents had complied with the
law as far as giving the required no.
tice was concerned that they would
receive objections to the registrations;
that no objections were filed and that
the judges had been supplied with the
check lists provided by law. The
court could not, however, determine
for whom the 67 votes had been cast.
Votes Thrown Out.
Getting down to the precincts OF
Kirby, Armell's Creek, Forsyth and
Sabra, in all of which it was contend.
ed by the republicans many illegal
votes had been polled by persons not
entitled to vote there, the court held
that % persons, all OF whom were
named, had voted there without any
right, having been merely temporary
sojourners, thus sustaining the repub-
lican charge ofscolonization. These 23
votes were to be deducted from the
total of 800 votes received by Guy,
thus leaving majority OF that many
for Northway, One vote cast for
Northway at Kirby by man named
Douglas was also found to be Illegal,
Douglas not having been legal resi-.
dent of the county. This reduced
Northway's vote to total of 1885,
Conclusions of Law.
In arriving at the conclusions OF