Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1904-11-30
JUDCESHIP
IN DISPUTE
sharp Practice INDUCED In by r. e
stranahan, In His Candidacy
for Judge.
cHoTEAU AND VALLEY COUNTY
Republicans Would Not Nominate
Anybody So Benton Aspirant Re-
sorts to Use of Pastors.
Great Falls Tribune.)

Great Falls Tribune.)
Attorney F. E. Stranahan, of Fort
Benton, who was in the city yester.
day, is preparing to begin action in
the courts to compel the issuance to
him of a certificate of election to be
Judge Of the Twelfth judicial district,
composed Of the counties of Chouteau
and Valley. for the term of four years
from the first Monday in next Janu-
airy. The position is now held by
Judge John w. Tattan, of Fort Ben
ton, who claims that he Is entitled to
the Office for two years more.
Mr.. Stranahan's contention is that
the position should have been voted
on at the late election and that votes
were cast for him for the position,
and for non one else, and that he
should therefore be declared elected.
The district was created by the leg.
islature In the spring of 1901 and
Judge Tattan was appointed Judge, to
hold the position until the next gen.
eral election, which was held In the
fall of 1902. At that election Judge
Tattan was elected to the position, de.
feating Mr.. Stranahan, who was the
Republican nominee. Governor T0oIe
then issned TO Judge Tattan a certi-
ncate of election for the term of four
years, ending in January, 1907.
Several weeks ago. when the gov
ernor was about to issue his election
proclamation, he was requested 10 or
der an election for the purpose OF
choosing successor to Judge Tattan,
the claim being made that all district
judges In the state mast be elected
at the same time and for the same
term The governor, afler a study OF
the constitutional questions involved,
refused to order an election in Judge
Tattans district, being satisfied that
Judge Tattan should hold for the term
specified in his certificate of election.
Notwithstanding the governors re-
fnsal. when the Republican state con.
vention met at Billings, some of the
delegates from Valley and Ch0uteau
counties we're advised ny Mr.. Strana-
han that an election should be held in
the district. They declined To make
a nomination while at Billings. but
app0inted committee TO investigate
the matter and empowered the com.
mittee to make q nomination IL II
should beieve that a judge should be
elected The committee did not take
any action. Judge Tattan's friends
learned OF the appointnient Of this
committee and the delegates to the
Democratic state couvention from Val
leg and Ch0uteau counties, In antici
patton OF a'.tion by the Republican
special committee, nominated Judge
Tattan to succeed himself. But when
It was bouad that the Republican com
mittee had not made . nomiaafi0n, the
certificate o6 nomination of Judge Tat
tan was not filed, and the people ol
the district were not anticipating that
they would be given any opportunity
to vote for district Judge.
but few days before the election
Mr.. Stranahan cansed TO be printed
a large number of pastors, to be af
fixed to ballots reading: For Judge
of the Twelfth Jndicial district. F. z
:itransnan
These pas,ers were distributed on
the ave of election. to q few Republi
cans in certain precincts of each coun
ty in the district and some of those
who received them pasted them or
their Oificia. ballots and marked and
"X" opposite the name Of Mr.. Stran
ahan. The judges In some of the pre-
ciucts absolutely refused to count an,
votes for the Office OF district Judge
but In Poplar precinct. Valley county
rs votes thus cast were counted fol
Stranahan and were certified to thu
board Of convassers. and In anothe
precinct Of Valley county two vote'
thus cast were SO counted and certi
fed.
When the canvassing board met II
Valley county, II directed the cleri
votes had been cast in Valley count.
for Stranahan for district Judge.
In some of the precincts Of Chou
teau county, few votes were cast 70
Stranahan by the paster system. bu
II cannot be learned that the Judge
OF election counted any of them. A
any rate, when the Chouteau count,
canvassing board met, II ignored an.
returns that may have been made OF
the Office Of district Judge.
Stranahan now claims that, accord
ing to the constitution. successo
to Judge Tattan should have beel
elected this year. for a term of fou
years. and that he, having receives
the greatest number OF votes cast TO
the Office, should be declared elect
ed.
In behalf of Judge Tattan 1t will b.
contended that his term does not eN
pire until the first Monday In January
1907, and IL this contention should no
be sustained, 1t will then be contend
ed that there was not legal election
TO choose his successor, the people o
the district not having any notice u
the election, and further that the pas
ter system OF voting Is not authori7
ed In a case where there Is not an
nomination for an office. and tha
therefore, even IL a successor to Judg
Tattan should have been chosen. non
was legally chosen and that Judg
Tattan will hold over until the mex
general election.
There is considerable indignation
among Judge Tattan's friends over IN