The roundup record. [volume] (Roundup, Mont.) 1908-1929, 1912-12-20

l.
NJ. Klein VS.. Olaf Jensvold, involving
the Office of county commissioner for
the six-year term, Judge Pierson in
district court here Tuesday denied a
motion for a recount of the ballots
used In the recent election and de-
clared Olaf Jensvold, the Republican
candidate who won over Klein by four
votes. duly and legally elected to the
office of county commissioner.
BY reason of this decision of the
court the other contest cases involving
the offices of county treasurer and
clerk and recorder, the allegations in
the complaints of which are identical
word for word, were passed until the
next term of court, and If no appeal to
the supreme court is taken in the
Klein.Jensvold case will be summarily
dismissed BY agreement Of the plain
tin and defendant in the case of Till
man vs.. Park over the assessorship,
this case was stricken from the docket
before court convened
The decision of Judge Pierson deny
ing recount and declaring Jensvold
elected was based on the ground that
the plaintiff, NJ. NJ. Klein, did not
show by testimony submitted that
enough illegal votes had been cast
and counted, or that there had been
any other Irregularities in the count
to change the result as shown by the
official returns canvassed by the board
of county commissioners.
At the opening of the case, Attorney
Fred H. Hathorn of Billings, the at.
torney for the plaintiffs in all of the
contests, disclosed the weakness of
their case. by making it known to the
court that 1t would be agreeable to
them to have the cases set over until
the regular term next year. The de-
tense, however, was adverse to a post
and as large number of
witnesses had been subpoenaed and
were present in court and considerable
expense incurred, the court refused to
permit pOstpOnement. Attorney
Hathorn then made motion to be
to amend the complaint, stat
ing to the court that he had learned of
a number Of other Irregularities. one
Of which was that electioneering' had
been carried on in the polling place
In one Of the precincts. The amended
was denied and the examin-
ng of witnesses commenced
Jos. Barley and j. +. Gregg. who
had acted as election judges in the
Ryegate precinct. were called to the
stand to testify in regard to the burn
ing of the ba''cts by them after they
had been counted. Gregg admitted
putting the ballots in the stove and
destroying them hut denied that he
had any motive in so doing. E. X.
Fassett of Flatwillow. who was one of
the election judges in that precinct,
was called as witness. in connection
with some alleged irregularities in the
He knew of nothing il
legal or unusual that had happened
there. M. M. Klein, the plaintiff, was
also sworn as a witness. He stated
on the stand that he had reason to
believe that If a recount of the bal
lots was to be had the result would
be in his favor instead of the defend
mt.
After the examination Of Mr.. Klein
the attorney for the plaintiff rested.
and Attorney Johnson for the defend
ant also rested without submitting any
evidence in rebuttal. The court then
rendered the decision denying a re-
count of the ballots and declaring
Jensvold duly elected. The plaintiff
was allowed thirty days in which to
take an appeal to the supreme court.