The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1919-12-26
Dolin Case
Continued from last week.

lCASt "CChy
Under the agreed statement of facts
led with the court in this case, made
and entered into by: and between the
County, of Sheridan and defendant
Joseph F. Dolin, the defendant furn-
ished for the various precincts Of the
county the following ballots for said
e Official Republican, Ballots. 1896
Sample Republican Ballots 1896
Official Democratic Ballots 1896
Sample Democratic ballots 1896
Official Socialist Ballots ..16,496
Sample Socialist Ballots. .16, 496
Official Nationalist Ballots 1896
Sample Nationalist ballots 1896
In none of the precincts were 1000
ballots furnished for any one party.
In Precinct No. 3, for instance, bal
lots We're furnished as follows:
Republican sample ballots.......92
Democratic sample ballots ......92
Socialist sample ballots ...........92
Nationalist sample ballots ......92
Republican, official ballots ........92
= Democratic official ballots ........92
Socialist official ballots ........92
Nationalist official ballots .92
The law under which the defend
ants contract was made, which has
been made a part of the complaint in
this case, is contained in Chaper II
of the Session Laws of the Fifteenth
Legislative Assembly, and provides
that the Board of County Commission
ers of the several counties may enter
into contract to de all of the print
ing for the county, i and to furnish
the election supplies and the act
further provides with reference to
amount to be paid for the ballots at
county primaries IS follows:
Per tional
! 1000 1000
Ballots, County Primary,
The defendant Dolinc in his con-
tract agreed to furnish said ballots
at 80 per cent off from the maximum
statutory rate, which would be Fiji
teen and 75-100 Dollars ($15.75) for
the first 1000 ballots printed, per
party, and the sum of Eight and rs
100 Dollars ($8.75) for each addi-
tional 1000 ballots after the first
Il 900 ballots, per: party, had been
furnished. Defendant Dolin con-
tends that he is entitled to receive
the sum of Fifteen and 75-1OO DOL
lars ($15.75) for the first 1000 bal
lots printed for each party per pre-
cinct, and that where only a fraction
of 1000 ballots is furnished, as, for
instance, in Precinct No. 3, where he
furnished Republican sample ballots
to the number Of 90, that he is, en-
titled to compensation for 1000 bal
lots.
In my opinion, the law as set forth
and admits of btseone interpreta-
rate which the Board of County
for the county primary, other than
two and $4,000 Dollars ($22.50) per
party for the rst 4 900 ballots, and
Twelve and 50-10o Dollars ($12.5O)
for each additional 1000 ballots fur
nished for said pextys It is earnest
lin) is entitled toJconsider the ballots
ballots and to red5dye payment there.
tention is not wal Tshted bys the lsa-
guage of the laMfs it: states plainly
as follows: "BalE Colty { Pit
mary, per party!ss s It WAS the a.
tention, of the law 81 Of, lawmak-
ers to consider the precinct as the
unit, then the legislature would have
inserted the words "per precinct" IL
to the law, but do not believe that
the court has any authority to read
into the law something which is not
there, and / am of the opinion that
the defendant is only entitled to
charge under his contract Fifteen
and 75-100 Dollars ($15.75) for the
first 1000 ballots furnished for any
party, and Eight and 75-1O0 Dollars
($8.75) for each additional 1000 fur
nished for such party. Any other
construction would require the court
to read into the law something
which is not there.
1t is next contended earnestly by
the defendant that the defendant is