The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-01-02
cANvAsslNe BOARD COUNTS
PROTESTED JUNCTION VOTE.
IS 4 MAJORITY DECISION
Commissioners Jacobs Dissents, Hold
ing Election in Disputed Precinct
Was Clearly Illegal.
From Tuesdays Daily Gazette.

From Tuesdays DAILY Gazette.
Whatever doubt may have existed
as to the outcome of the contest made
by Mr.. Morse against his republican
opponent, Mr.. Bever, has been dis
PEELED. A certificate of election has
been issued to the latter and he is
o the duly accredited representa-
tive Of Yellowstone county in the low
er house of the legislature.
At the conclusion of the arguments
of the respective attorneys yesterday
afternoon the county commissioners
announced that they desired more time
for consideration of the question and
would render their decision later. The
lawyers and spectators withdrew and
some minor matters were disposed Of
by the board, which then adjourned
until after supper, when the all i'm
portant matter that had engaged the
attention of the members was again
taken up. The meeting was. behind
C1O6Cu uOOlS dAO Cl1C ouUJCSL GW0Se uAo
cussed in all it's phases. At $50 the
board let it be known that a decision /
had been reached-it was to overrule |
the protest of Mr.. Morse and issue a
certificate of election to Mr.. Bever,
thereby transferring further action on
the part of the protestant to the
n ln,vcn should hn oor0 IN COR ~ tho
fight further.
When the vote was taken on the
motion to grant the certificate Messrs.
Parker and Deverill voted in the af-
frmative, while Mr.. Jacobs voted no.
He said he was satisfied that an il
legal vote had been cast at junction
precinct and was in favor of throwing
cut the returns from there, as in his
&pinion the election so far as that
particular precinct was concerned
was invalid and the c%anvassing board
had the undoubted authority to use
it's discretion as to whether the vote
should be counted or not. y
From this the other members dis
scented, holding that under the law the
board had not the power to go behind
the returns, being compelled to ac-
oept the returns made by the judges
~f election, whose power was supreme.
They based their decision on the rul-
ings made by the supreme court and
were Furthermore governed by the
mandatory provision of section 1888 of
the election laws of Montana. This
section, to their mind, left nothing
to the discretion Of the canvassing
board. The section is as follows:
THE must be made in
public by opening the returns and de-
termining therefrom the vote of such
county or precinct for each person
voted for, and for and against each
proposition voted upon at such cleo
ton, and declaring the result thereof.
In ~canvassing, no returns must be re-
jected if it can be ascertained there
from the number of votes cast for
each person. The fact that the re-
turns do not show who administered
the oath to the judges or clerks of
election, or a failure to fill out the
certificates in the poll books, or to
do or perform any other act in max
ing up the returns, that is not essen
tia to determine for whom the votes
were cast, is not such an %irregularity
as to entitle the board to reject the
same, but they must be canvassed as
other returns are"
1t will be seen that the majority of
h board placed strict Interpretation
on that part of the section which
says. mo returns must be rejected if
1t can be ascertained therefrom the
number of votes cast for each person.
Taking the language of the section as
meaning what it says, Messrs. Dew
GRILL and Parker held that they could
not well ignore its provision. It is
also said that legal advice was sought
and that the majority were sustain.
ed by the gentleman appealed to, who
is further said to have given it as
his opinion that if the matter should
for any reaso be taken into, cour
al order would undoubtedly issue com
pe1ing the board to count the vote as
returned by the judges of election.
Probable Trouble Avoided.
While, of course, disappointed that
their candidate was not successful
not a few of the friends of Mr.. Morse
may be said to have expressed them.
selves as satisfied that the contro-
versy has been settled without the
involvement of further and deplorable
trouble. Had the canvassing board