Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1904-12-21
Frank Mcdonald Thought He Was
Born in Prince Edward Island,
But Now Says He Wasn't.
ELECTED SHERIFF OF cHoTeAu
Buckley Present Incumbent and Dem.
oerstie Candidate Wants to Hold
Over for Two Years.
Great Falls Tribune.)

'eTdaN III the suit brought bv .lohn
Buckley, sheriff Of Chouleau county
to have Frank Mcdonald. who was
elected To succeed him. adjudgcd in, +
igible TO the Office, with the purpose
that Buckley should be declared cu.
titled to hold over until after the
election two years hence.
Mcdonald, by his attoinc George
ii. stanton and ]. A. McDonough. OF
This city. in the answer admits that
he was the duly nominated candidate
OF the Republican party in Chouteau
county for the Office of sheriff and
that Buckley was the Democratic can.
didate, and II is admitted that BUCK.
ley received 1858 votes. while Nc.
Donald received 1906. Defendant ad.
mits that he was declared elected and
alleges that he has duly qualified an 4
claims now TO be the duly elected and
qualified sheriff Of Chouteau county
for term Of two years. beginning
with the first Monday of next month.
Defendant denies that he was not
citizen of the United States ON The
day of election; denies that he was
born in a foreign country: denies that
Buckley was the only qualified or
eligible person who received votes for
The office of sheriff of Chouteau coun.
~ at the late election. and denies
that the defendant was ever inelig.
ible or disqualified.
Defendant alleges that he Is a ma.
tive born citizen Of the United States
and In every way qualified for the Of
nee To which he claims TO have been
elected, and he asks that the confess
be dismissed, that he be adiudged en-.
titled 10 the Office, and that he have
Judgment against Buckley ior the
costs and disbursements defendant
has incurred and made in defending
the contest.
Defendant also applied 10 the court
Tor an order 10 take the deposition of
his sister. residing in massachusetts.
and submitted the questions that he
desires To have his sister answer.
From the interrogatories so submit
ted. II is apparent that the sister IS
expected TO testify that Mcdonald
was born in Charlestown, Mass.
The contest was 10 have been tried
al Fort Benton tomorrow before Judge
Leslie, who has been requested by
Judge Tattan TO preside al the trial.
but the application for the taking of
the deposition will delay the hearing.
However, II is expected that the de-
position will be received in such time
that the contest may be determined
before the time for the taking of the
office by Mcdonald. If he should be
adjudged qualified.
II Is alleged by Buckley that MELON.
aid was born on Prince Edwards Is.
land tBritishl and that he has never
become a citizen of the United State.
u appears that in 1893. while Nc.
Donald was a resident of Fergus coun.
iy. he went before the clerk OF the
district court at Lewistown. then be-
lieving that he was born on Prince
Edwards island. and he then declar-
en his intention 10 become a citizen
O. The United States, renonncing al.
legiance to every foreign power and
particularly renouncing his allegiance
10 Queen Victoria. He never secured
bnal citizenship papers-ln other
words never took the action that is
required before an alien may become
citizen Of the United States.
After Mcdonald had been nonlinat-
ed for sheriff. Buckley was advised
OF The showing made by the records
in Fergus county and also learned
that Mcdonald had never secured his
final papers. Believing that Mcdonald
is not a citizen, Buckley. shortly af.
ter the election, contested his right
10 hold the office. II Mcdonald should
be adjudged ineligible. buckley would
hold over until after the next general
election in 1906.
II Is understood that Mcdonald now
claims that. after he had taken out
ms hrst papers at I.ewlstown, he
learned, for the first time. that he was
not born on Prince Edwards island.
but was born In the United States.
al Charlestown. Mass. Having learn.
cd this, he claims. he was advised that
II was not necessary for him TO take
out mai papers, as the fact that he
was born In the United States would
make him citizen, unless he had
at some time rnounced allegiance 10
The United States. He ciaims that he
came TO the United States TO reside
when he was n boy; that he never
lenounced allegiance TO the United
States and that he never attempted
TO claim or exercise the rights OF cit.
lZenship of any other country.
II Is understood that Mcdonald eS-
poets to show by his sister. who is
considerably older than he. that he
was born in CharleStown. Mass. while
his mother was visiting there. the sis
ter being also there al the time. There
is no record of his biun at Charles
town, Massachusetts not requiring at
that time the keeping Of vital statis-
tics; and II the sister should give the
expected testimony. II is difficult to
see how Buckley could refute II, for
II is said there was no record at that
time Of births that occurred on Prince
Edwards island.
II appears that McDonald's parents
were British subjects. and that Mrs.
Mcdonald was merely visiting in Mass.
achusetts when he was born, but this