Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-11-22
JUDITH CAP| |TAL
WAIVERS; COURT
BARS 52 VOTES
Judge Carroll Rules Alb
sent. Voters Ballots
Null; Divides Loss.
Stanford Relies Upon
ss-Complaint tore
gain a Plurality.
Special to The Tribune.

Special to The Tribune.
Stanford, Nov. 21.-When Hobson,
in its suit in equity to, wrest from
Stanford the county seat of Judith
Basin county. rested its case Monday
evening and Judge William E. Carroll.
of Butte, had ruled upon a series of
II motions by counsel for Stanford.
the attorneys. for Hobson concluded
that they only had not wiped out
Stanford's majority in the election re-
turns of November 2. 1920, but that
they had discredited sufficient NUM-
ber of Stanford's s votes to give them
q clear majority for Hobson.
viii ApportloR Loss
81 Stanford, however, has not yet put
in its case upon its ross-complaint ard
when it, does complete its case, it re-
lies on regaining the advantage it pos
sessed before Hobson's- case vase com
pleted and thereby retain the county
seat. Under the election returns,
Stanford had majority of 80 votes
for the county seat and under the rul-
ings made by Judge Carroll Monday
evening, this was reduced to II votes
by taking into consideration the vote
from West Garneill precinct. 1t was
then reduced to three votes .'y the
courts ruling to the effect that eight
of Stanford's votes were illegal. The
further ruling that 50 absent voters
ballots were irregularly issued and
that the elimination Of these votes
would be apportioned under the appor-
tionment rule. involves a loss to Stan
ford of about Al additional votes.
Backed by Supreme Court
In his ruling regarding these 30 ab-
sent ballots, Judge Carroll said that
the supreme court in its latest decision
on this subject had sustained the ap-
portionment method. Under this ap-
pOrtionment method, the disputed votes
would be deducted from the totals of
the two candidates in the precincts in
which they were cast, in proportion to
the vote they had received in those
precincts. In all Of these Stanford
had poled the greatest portion of the
votes and consequently will be the
heaviest losser.
Counsel for Hobson claim that under
this rule Stanford will lose % votes in
the two Stanford precincts, six in Ar
row Greek. II in Dry Wolf and one
in Raynesford, while Hobson will lose
but IL votes in these precincts.
Change Of Al Votes for Stanford
The rulings made by Judge Carroll
We're given in denying or granting each
of the II motions which were made by
Judge Sydney Sanner upon the COM
pletion Of Hobson's case. The court
granted a motion to strike from the
records the testimony of William Ma
hama, James Riach, Alonzo Dakin.
Mrs. Ed Wright, s. b. Norcutt and
Margaret Rauch and denied motions to
strike the testimony Of J. A. Monahan,
John Pew, Q. C. Zimmerman, J. S.
Lemar, Lucille Smith, J. Il. Moran and
II. u. Brownlee. The court also de
MED motion to strike out the records
Of the count of the West Garneill bal
lots. and all testimony and records rela-
tive to the allegations of the complaint
relating to absent voters whose votes
were attacked because Of irregularities
in the matter of applications and affi-
aavits. 1t was under the latter ruling
that the big change of Al votes may
be made possible. a&
100 hobson Votes Attacked
The final motion of counsel for de-
tense was for dismissal of the COM
plaint for want Of equity, because the
evidence does not support the allega-
lions of the complaint and for various
other reasons. In denying the latter
notion, Judge Carroll said he felt that,
n the interest Of general equity, the
notion should be denied. particularly
n view OF the rule regarding the appor-
comment Of Irregular or illegal votes.
Counsel for Stanford announced
hat the defense would be ready to
present it's case under its cross-com-
,laint Tuesday morning. In .anticipa-
ion Of this action by. the court Mon |
lay, the defense began serving SUBJ |
,oenaes upon a large number Of wit
lesses, by which it will endeavor to
attack large number Of Hobson's !
'otes, claimed to aggregate more than
100.
Go Into Defective Ballots
On behalf of Stanford's case, Judge
sasch introduced for evidence anpK- |
ati0ns for absent voters ballots, ac-
by affidavits OF witnesses to |
be same, representing 13 registered |
lectors Of Stanford precinct 3s, the |
ame number as representing regIster-
<centinusd on Pa9e Tws.y