Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1903-07-16
bud by a majority of ten votes.

That the total vote cast for the office
of county commissioner and canvassed
by said board of county canvassers,
was 562 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
evidence it is impossible to find for
which candidate the illegal votes were
cast, and for this reason they are ap-
portioned to ana deducted from the
whole vote received by contestee
Humphreys and John c. Pope in the
same proportion that the vote of each
of said parties bears to the total vote
cast for said office of county commits
sioner, to-wit: six votes from the vote
of N. J. Humphreys and six votes from
the vote of John c. Hope, leaving 2SO
votes cast for said Humphreys and 27O
votes cast for said Hope.
III
That the twelve votes referred to in
finding number 2, were cast by the
following named persons, to-wit: Faria
Gueseppi, Pasquale Barone, Liberati
Barone, Alphonzo Benevenia, John
Jamesella, Carmine Urce-ti, Salvatore
Zambrone, Antonia Morazzo, John
Marcello Frank Hrovenzano, Thomas
]. Marks and Emil Witnauer; that
each and all said persons were merely
temporary 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 N. J, Humphreys at the
aforesaid election, and their votes were
counted and canvassed by said can
vassing board for the contestee, and
are included in the total vote of $50 de-
clared by said board to have been cast
for the contestee, Humphreys, to-wit:
Kirby Precinct:
Robert Abrams, George Douglass,
Harry T. Miller, James Williams,
Newton Burgess, Frank J. Madicon.
Emil's Greek Precinct:
w. c. Jones.
Forsyth Precinct:
Benjamine F. Brush, Raymond A.
Goelet, William E. Wallen, George
Moore, Albert Ulch, joke Petrovich,
Hugh Rodgers Samuel Cnudson, Vic
tor Lund., Thomas Neil Jerrington
Harrington.
Sabra Precinct:
| Charles Hickman, William DeGroff,
George V. Straub, John F. Mcdonald,
Clifford Ross, Mike Piper.
That all persons named in finding
number were merely temporary resi-
dents OF the county of Rosebud and had,
with the exception of Mcdonald, been
employed and brought into said county
short time prior to the election of
November 4, 1902, for the purpose of
registering and casting their votes at
said election, and that each and all of
Donald, had not acquired legal resi-
dence in said county of Rosebud at, or
prior to the general election of Novem-
Der 4, 1902, and were not, in fact, legal
electors in any precinct in said county.
vi
That the votes cast by the persons
mentioned in findings numbers four
and five, twenty-four in number are to
be deducted from the vote of said con-
testee, and after making such deduc.
tion the court finds that the total num-
ber of legal votes received by the con-
testee, Humphrey, at all of the pre-
cincts in the said county of Rosebud at
the general election on November 4,
1902, is ESQ and that the total number
of legal votes received by said Hope at
the said election is 27O and that the
said Hope as d candidate for the office
of county commissioner of said county
Of Rosebud, at the general election
November had and received majority
of all the legal votes cast at said cleo
tion for said office, and that his said
majority is the sum of fourteen votes.
CONCLUSIONS OF LAW.
The court finds that the plaintiff
and contestant Clarence r. Lane is en-
titled to decree and judgment herein
in accordance with the findings of fact
| herein before SET Out. adiudDinr and