The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-11-01
ASKED
FOR RULING
DECISION WANTED ON FORM OF
OFFICIAL BALLOT.
QUESTION IMPORTANT ONE.
Subject at Issue involves Wordinu Re.
Iatins to Submission Of consti-
tutionaI Amendment.

At the instance OF the democratic /
state central committee the supreme
court of the state is today engaged in
the matter of passing upon the ques- |
ton as to whether the different county
clerks in preparing the copy of the
official ballot to be voted week from
tomorrow shall follow the strict letter
OF the statute, or whether they shall
follow the law as interpreted by the
attorney general in his letter OF in
structions to them, issued last week.
In providing for submission of the
proposed amendment the legislature
SO worded the law as to make it ap-
pear as though there was but one
amendment, whereas the attorney gen.
eral holds that in reality there are
two In accordance with this inter-
probation he gave specific directions to
the county clerks to separate the two,
SO as to enable the voters to express
themselves in such a manner that no
possible room for doubt could remain
in the event of the amendment carry
ing. Some of the clerks complied
with the recommendations of the at
torney general, while others did not
and followed the forms provided by
the legislature. Because of the diff
ference it is believed that confusion
will result in case there is no uniform
method of voting. To assure this uni
formity, the democrats have decided
| to take the matter into the supreme
court
Petition for Writ.
| Saturday afternoon Albert /. Loeb,
| a Helena attorney, representing the
committee, appeared before Justice
/ Milburn, in chambers, and presented
l a petition for a writ of mandamus
directed to the clerk and recorder OF
Lewis and Clarke county, requiring
him to have the official ballot OF that
! county printed in conformity with the
provisions of the legislature.
Thomas C. Kurtz, treasurer OF the
democratic state committee, is the pc
titioner, and in his application for a
writ sets up the action of the last
4 Legislature in passing an act provid-
ing for submission of the amendment
He quotes the following section OF
the act, which provides for the word
ing of the official ballot:
"The official ballot to be used at
the general election to be held id
November, 1904, shall have printed
thereon the following words: 'Fo1
the amendment to the constitution re
lating to the rights of labor and the
words Against the amendment to the
constitution relating to the rights o1
labor"
Ballots About to Be Printed.
The petitioner recites further thai
the clerk and recorder in making uI
the official ballots, which are about
to be printed, has not complied will
the requirements of the section OF the
law as quoted, and copy of the bal
!, that the propositions are placed sepa
rately. Continuing, Petitioner Kurt;
: relates:
"That the said ballot, in so far as
; the amendments to the constitution
referred to are involved, is nullity
in that the form prescribed by sale
; law is not the form in which said pro
posed amendments appear, and in tha
, respect your petitioner alleges that OF
, said official ballot so providing for the
submission of said amendments there
should appear the phraseology pro
} vided for by the law authorizing the
submission of said amendments to the
: people of the state, showing that the
amendments in question affects the
; rights of labor, and your petitioner
, shows that the absence from said bal
lot of the form prescribed by said law
will not apprise the voters Of the
state of Montana and of Lewis anl
Clarke county as effectively as woult
otherwise be the case that the amend
ment to be voted on affect the rights
of labor
Large Percent Favor 1t.
Kurtz's petition concludes as fol
lows:
"Your petitioner further shows thai
in Lewis and Clark county there will
be On election day about 5000 votes
cast for or against said proposed
. amendments, and your petitioner il
that respect, on information and be
lief alleges that of said 5000 vote sc
to be cast, about SO per cent of sait
votes will be in favor of the adoption
of said proposed amendments, and IL
that respect your petitioner allege!
that the ballot so provided for sait
proposed amendments, on account O.
the absence of the provisions above
set forth, is invalid, by reason where
of the vote on said proposed amend
ments in said county of Lewis ant
Clark will be rejected thereby, a.
your petitioner is informed and be
lieves, involving the adoption and rat
ification of said amendments in grav'
and serious doubt, If not exposing thu
same to defect, which would other
: wise not be the case If the said ballo
as Ia the said amendments was in TIL