The roundup record. [volume] (Roundup, Mont.) 1908-1929, 1912-11-29

AS a result of the recent election
held in this county there were filed
in district court this week three con-
tests against three of the successful
candidates with possibility that
another will be filed within the next
few days. The contests already filed
are: M. M. Klein VS.. Olaf Jensvold,
for six-year term county commission
er; VIM. N. Taylor VS.. Elmer B. Car
ter, county treasurer-elect; E. C. Gavin
vs.. Fred Renshaw, involving the office
of county clerk and recorder. The
other case which it is expected will be
filed tomorrow is that VIM. L. Tillman
against K. E. Park over the office of
county assessor.
The contests are brought on the
grounds Of irregularities in the elec-
ton. 1t is alleged in the complaints
that illegal votes were cast. that the
ballots used in precinct No. Is, Rye
gate, were destroyed by the judges,
and those used in precinct No. 16, La
vina, are being retained by the judges
or some unknown person, SO that a
recount in those precincts is thus
made impossible. The fact that the
ballots were not prepared according
to law in that there were no blank
spaces and squares under the name OF
each candidate as required by the
statutes. is also made part Of the
icomplaint. The most sweeping alle-
'gation in the complaints is one charg-
ing the judges and election officers in
each and every precinct in the county
with mal-conduct in having counted
votes for the defendants when in fact
they were cast for the plaintiffs.
The contest will be determined at
special term of the district court to be
held here December Is. Attorney Fred
Hathorn of Billings is acting as the
attorney for the plaintiffs.
The defendants in the contest cases
have decided to fight the matter to
the last ditch, and will engage the
best legal talent in the state with that
purpose IN view. They contend that
they have been elected to their re-
spective offices fairly and honest. 1t
is said that the plaintiffs are basing
heir hopes on the ground that the Rye
gate ballots We're destroyed and that
the Lavina ballots have not yet been
received here. The judges at Lavina
assert that they enclosed the ballots
in the envelope provided for that pur
pose and returned them to the county
clerk and recorder. Why they did
not reach their destination is not
known at his time, but interesting de-
velopments may he looked for in this
connection. The Judge will no doubt
order a recount of the ballots and what
will be done where the ballots are
missing remains to be seen. 1t does
not seem reasonable that the candi.
dates should suffer by reason of the
acts of any set of election judges. At
any rate it must be admitted that the
people have expressed their choice
and their will should be upheld.
There is rumor in circulation here
that these contests are merely steps
to have the entire election nullified.
Below are printed the allegations in
detail as given in the complaint of
Klein-Jensvold case. those in the other
cases being identical word for word
with the exception of the number Of
votes claimed.
THAT plaintiff is informed and be-
lieves. and therefore AYERS. that in
each and every election precinct in
said county a number of votes we're
cast for the plaintiff which were not
counted for him, and that he received
great many more votes than 593
votes. and that he received at least
649 votes but the exact number of
which is not known to plaintiff; that
in each of the election precincts in
said county, numbered from to "a in.
elusive. the plaintiff herein received
more votes than were counted for him
by the canvassing board. the exact
number now being unknown to the
plaintiff; that in each of said election
precincts numbered from l to "a in.
elusive. the canvassing board Of said
county, as aforesaid, counted ~o-e
votes for the defendant Jensvo''
were actually cast for him
election. the exact unmber of =
now not knowon to the plaintiff
II said vote, in the precincts
had been correctly canvassed
, turned such canvass and retura
have shown that plaintiff receive,
votes in said county for said office
the defendant received 541 "