The river press., 1911-10-18
VOTE ON BLAINE COUNTY.
Supreme Court Declares Petition Had
Sufficient Names.

Sufficient Names.
a decision rendered by the supreme
court requires that the question OF
form iug Blaine county from the eastern
ppr.ion uf Cnou'eau county be sub
mir. 20 popular vote at special
election to BE- called for tina. purpose.
! A petition 20 sha. effect was pre-ensed
20 the couc'v commissioners several
mon h. ago, but il was rejsc'ed for
the reason that, in the opinion OF the
board, it did not comply with the re-
quirements Of the law providing for
the creation OF new counties. The mat.
ter was then appealed to the courts,
L. V. Bopy, OF Chinook, Initiating
mandam proceedings.
The Blaine county petition that was
presented to the Chou.eau county
commissioners contained the sigma
lures of 68l citizens of the proposed
new county. Prior to its formal pre-.
sentstion to the board, however.
written requests for leave 10 withdraw
their sligo a.ures we're 6led with the
board by 40 of the original signers.
During the course of the hearing,
which was adjourned from time
until July l, the board struck of the
names Of those who had requested to
withdraw, the number of signatur
being thus reduced to GAL. AT the
hearing, i. appeared that there were
upon the official register used at the
last preceding general election q
total of l, All names. Counsel repre-
senting the petitioners introduced evil
dence showing that of this number
many had either died or permanently
removed from the county or had reg.
istered in two different precincts.
At the conclusion of the hearing the
board found all of the facts as stated
in the petition: that all of the GAL
sign atures were OF electors entitled to
join in the petition; that of the total
OF 1,4ll names on the register, l43 did
not, because OF deaths, permanent re.
moval from the county, etc !, represent
qualified electors, and that, deducting
these names from the list, GAL repre-
sented more than one half OF the re.
% ainder.
1t nevertheless held the petition In
sufficient and refused to proceed be.
cause it did not bear the signatures
of at least one half of the total num-
Der OF 1,4ll.
In discussing the case, the court, in
an opinion by Chief Justice Brantly
reviews at length the provisions OF the
act. In discussing the specific point
at issue, the court says:
ut is clear hat the signers Of such
petition for the new county shall at
the time OF signing possess two quail
fications: they must be qualified
electors of the proposed new county
and their names must be found upon
the registr alton books. Though a
name is found upon that list Of regis
tered electors, it does not follow neces
sarily that the person who was regis
tered under that name is therefore a
qualified elector. Death or disquali'
6cation then existing, or thereafter
wrought by change of residence OF
other cause, removes him from the
class of electors; therefore to give
Significance to the expression, quail
fed electors of the proposed new
county, it must be understood as 6
Limitation upon the number of those
who only may be taken into account
Notwithstanding the number of names
appearing on the list. If the fact;
stated, among which is the fact tha
the signers are qualified electors O.
the proposed new county, may be con
troverted, it may be shown that any
signer is not such an elector, ever
though his name Is on the list. Tht
converse of this must be true, hence
the petitioners may show that some o
the names on the list are not those o
! qualified electors"