The Harlowton news., 1911-07-21
OPINION OF THE COURT

On the oath day of May lola special
for the purpose of submitting to the
electors of the said county the queS-
tion OF procuring loan in the sum
of one hundred thousand dollars for
building new court house. On the
3rd day Of June, 1911 the Board of
County Commissioners met as Board
of Canyassers and canvassed the re-
turns Of the said election and de-
clared the result to be as follows, to-
wit: A total of 2SS votes were cast for
the loan and total Of 349 against it.
The plaintiff alleges that in three
precincts of the county, to-wit: Nihill,
Precinct No. 10, Okla, Precinct No. lS
and Harlowton, Precinct No. IA,
total Of 7S illegal votes were cast,
counted and canvassed. The alleged
ilegality of the IS votes is said to
consist in the fact that IS persons
who were allowed to vote were not
registered as required by law. The
plaintiff asks that the order of the
Board OF County Commissioners,
sitting as a Board of County Canvas
sers. declaring that the total vote
against the bonds Of 349 votes, be set
aside and annuled and that the true
result of the election be declared in
accordance with the majority OF the
legal votes cast at the said election.
There appears to be no dispute as
to the facts of this case. 1t is al
legged by the one side and admitted
by the other that 7S persons in the
three precincts above named were al
lowed to vote without being register
ed The question thereupon arises
whether the said IS votes were in
fact illegal.
The Constitution of Montana, Ar
ticle TX. section ?, provides that
"Every male person of the age OF
twenty-one years or over, possessing
the following qualifications, shall be
entitled to vote at all general cleo
tions and for all officers that now are,
or hereafter maybe, elective by the
people and upon all questions which
may be submitted to the vote OF the
people: First, he shall be citizen
of the United States: second, he
shall have resided in this state one
year Immediately preceding the
election at which he offers to vote,
and in the town, county or precinct
such time as may be prescribed by
law"
Section 462, Revised Codes of Mon
tana. provides that the eector must
have resided in the county thirty
days Immediately preceding the cleo
tion at which he offers to vote, and
that MS name must be registered as
required by law.
Section 49l, Revised Codes of Mon
tano, provides that "At any special
election held for any purpose in any
county, copies of the official register
and check list, which were printed or
written before and used at the next
preceding general election, must be
used. and no new registration need
be made"
Section 493, Revised Codes of Mon
tara, provides that "No person shall
be entitled to vote at any election
mentioned in this Act unless his
name shall, on the day Of the election,
appear in the copy of the official
register or check list, furnished by
the registry agents to the judges OF
election, at the precinct at which he
offers to vote, except as otherwise
provided in this Chapter"
Section 40, Revised Codes of Mon
tana, provides for the registration OF
voters and the manner in which it
shall be done.
The Constitution, Article XIII,
section 5 provides that "No County
shall incur any Indebtedness or IL
ability for any single purpose to Gil
amount exceeding ten thousand dol
larry $50, ,o00) without the approval OF
majority of the electors thereof,
voting at an election to be provided
by law"
Is Section 493, Revised Codes, ir
conflict with Section IL, Article IN
of the Constitution? Section 493 pro
vides that persons not registered can
not vote at any election mentioned ii
the Registration Act, which include!
the special election held Oh May "A
1911 in Meagher County Section Z
Article TX CT the Constitution pro
yides that every male person OF tht
age of u years or over, possessing th'
prescribed qualifications shall be EN-
titled to vote at all general elections