Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1903-11-19
NORTHWAY IS SHERIFF.
Judge Loud Finds the Republican candi-
date was Elected

the SherlH'S contest case OF Rosebud
county In chambers last Saturday
afternoon. The contest is the result of
the election held last November in
Rosebud county. For the office of
sheriff there were 600 votes cast. Rob-
ert j. Guy, the democratic candidate
for the Office and the relator in the con-
test, received 800 votes, the republican
candidate 800. Charles Davis was the
incumbent of the Office during the pre-
vious term by reason of being appointed
by the Legislature at the time of the
creation of the county. Davis refused
to give up the office. The evidence in
the case was concluded at Forsyth last
Tuesday. The findings of fact are, IN
substance, as follows:
That Davis, the defendant in the
case, is and was citizen of the United
States and the state of Montana and a
resident and qualified e1ector of Rose
bud county for more than a year pre-
ceding March l, 1901.
That he was appointed to the office
by the legislature at the time of the
creation of the county and that he duly
qualified as such sheriff.
That at the election held last No.
vember there were no other candidates,
and no other persons were voted for.
for the Office, than Guy and Northway.
That there was tie vote for the
office.
That the board Of county canvassers
met on November IS, 1902, and found
that there was a tie vote for the office
and that they issued no certificate of
election to the office.
That the board of county commits
stoners met in December and appoint
ed Guy to the office, but that Davis re-
fused the demand.
That the board of county commits
sioners met again in January, 1908.
and again appointed Guy to the office
and that Guy again qualified for the
office and again demanded it of Davis
but that Davis still refused the de-
mand.
That in the precincts of Hathaway
and Rosebud there were seventy-seven
votes cast, that the votes had been cast
by persons who had been regularly
registered except that they were not
asked to take the oath as required bv
law.
That the registry agents had COM
piled with the law and had given no.
tice that they would receive objections
to the right of any person registered to
vote and that there were no objections
filed, that The check lists were deliver
ed to the judges of election, as required
by law.
That it could not be determined from
the evidence Tor whom the sixty-seven
votes were cast
That twenty three persons, naming
them, voted at the precincts of Kirby,
Forsyth, Armels creek and Sabra for
Guy.
That all of those twenty three per-
sons were merely temporarily residents
OF the county and brought into the coun-
ty for the purpose of voting.
That the twenty-three votes were to
be deducted from the 800 votes that G NY
had received, leaving him 277.
That George Douglas voted for
Northway at Kirby precinct, that he
was not a legal resident of the coun-
ty.
That the vote of Douglas was to be
deducted from the 800 votes that North
way received, leaving him 299.
That Guy, Northway and Davis were
all qualified to hold the office.
And from the findings of fact the
following conclusions of law were made
by the court:
That the siXty-seven votes from the
precincts of Hathaway and Rosebud
should not be rejected on accout of ir-
regular registration.
That Guy is not entitled to the Office
and that the appointments made by the
county commissioners are null and
void.
That Northway is entitled to the
office, and has been since the first Mon
day in January, 1908.
That Davis be ousted from the Office
and that Northway is entitled to the