Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1903-07-16

On Saturday last Judge Loud hand
ed down decisions in the election con-
tests of Clarence n. Lane VS. Charles
w. Bailey and Clarence Il. Lane VS.
N. J. Humphreys. Following are the
find ings of fact and conclusions of law
of the court given in full.
COUNTY CLERK
In the District Court of the Seventh
Judicial District of the State of Mon
| tana, in and for the County of Rose
bud.
Clarence II. Lane, Plaintiff and
Contestant, VS.. Charles w. Bailey,
Defendant and Contestee.
Findings of Fact and Conclusions OF
Law.
From the evidence introduced in the
case the Court makes the following
Findings of Fact.
That the board Of county commission
ers of Rosebud county, sitting as
board of county canvassers, canvassd
the vote of the the county of Rosebud
cast at the general election on Novem-
Der 4, 1902, and found and declared
w. Bailey, had received total vote in
all of the precinbts of said county of
3O4, and that his only opponent, towit:
Roderick McRac, had and received a
total vote of 2S9, and that upon the
completion of said canvass the said
board issued a certificate of election
to said defendant and contestantee
Charles w. Bailey thereby declaring
him, the said Bailey, duly elected 10
the office of county clerk and recorder
of said county of Rosebud by a major
ity of fifteen votes.
That the total vote cast for the office
of county clerk and recorder and can
vassed by said board and county can
vassers, was 693, and that included in
this vote there were twelve illegal votes
cast for said office and canvassed by
said board, which are to be deducted
from said total vote; that from the evil
dence it is impossible to find for which
candidate these illegal votes were cast
and for this reason they are appor-
toned to and deducted from the whole
vote received by contestee Charles w.
Bailey and Roderick McRae in the
same proportion that the vote of each
of said parties bears to the total vote
cast for said office of county clerk and
recorder, to-wit: six votes from the vote
of Charles w. Bailey and six votes
from the vote of Roderick McRae, leav-
ing 29S votes cast for said Bailey and
2S5 votes cast for said McRae.
That the twelve illegal votes referred
to in Finding No. 2, were cast by the
following named persons, to-wit Faria
Gueseppi, Pasquale Barone, Liberati
Barone, Alphonzo Benevenia, John
Jamesella, Carmine Urcetti, Salvatore
Z-dillDiolC, fAhlolio A'Aoi oEo, JOilI AIdi
cello, Frank Porvenzano, Thomas J.
Mraks and Emil Winauer; that each
and all of said persons were merely
temporarily residents of the county of
Rosebud. without any fixed place of
abode, and had never acquired any
legal residence in said county.
That the following persons voted for
the contestee, Charles w. Bailey, at
the aforesaid election, and their votes
were counted and canvassed by said
board for the contestee and are includ-
in the total vote of 5O4 declared by said
board to have been cast for the con-
testee, Bailey, to-wit:
Kirby Precinct:
Robert Abram. George Douglass,
Harry T. Miller, James Williams,
Newton Burgess, Frank J. Madison.
Emil's Creek:
w. c. Jones.
Forsyth Precinct:
Benjamin F. Brush, Raymond A.
Golet, William E. Waller, George
Moore, Albeit Ulich, Joke Petroivch,