Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-11-15
CURTAIN LII IS
0NC0UNTYSE
FEUD Of TOWNS
Hobson-Stanford Case
Called in Judith Basin
District Court.
Postponement Taken to
Permit Judge and At
torneys to Sift Issues.
Special to The Tribune.

Special to The Tribune.
Stanford, Nov. livery little pro-
gress was made Monday in the STAN
ford Hobson county seat election con-
test case in the district court, an ad-
journment until Tuesday forenoon ut
10 being taken after the reading Of
the pleadings and brief and semi
informal argument of some of the is
sues.
Judge William Carroll, of the dis
trict court of Silver Bow county, is
presiding without jury, this being an
equity matter, and it will be up to
the court to pass upon the constitu-
tionality of the absent voters law, the
legality of which is attacked in the
complaint.
Judge Carl Rasch, of the Helena
firm of Gum, Rasch & Hall, and II. 5.
Woodward, of Hobson, appeared Mon
day as counsel for the Hobson side of
the case, while Judge Sydney Sanner
of Butte, O. w. Belden, of Lews-
town, and Earl Wineman, of Stanford,
represented the defendants, which in
: Stanford.
Adjourn to Study PreIiminaries.
Judge Rasch had mot reached Stan
ford until Sunday evening and as he
had not had opportunity to interview
the witnesses and fully inform him
self as to all OF .he details of the
al as counsel for the defense
sired to bring Ill some authorities
in support of argument which they ex-
pected TO make against some of the
issues, the court declared an adjourn
ment until the following forenoon.
On Tuesday forenoon, counsel will
argue the issues for the purpose of
asccrtaining the, views of the court
~ 1orr will IDtap-
mine just what issues will be gone into
during the trial and thereby result in
the elimination of unnecessary testi-
mony.
Among the important matters which
the court will be called upon to decide
will be the constitutionality of the
absent voters law and the question of
the re-opening of the ballot boxes.
20 Hobson Witnesses Excused.
There were more than 80 witnesses
present Monday morning out of total
of so which had been subpoenaed prin-
cipallyain behalf of Hobson. Of those
called by Hobson, 20 were excused
Monday as not necessary to Hobson' S
case, these, however. being mainly resi-
dents Of Stanford.
Stanford has subpoenaed but seven
witnesses, expecting to call such addi-
tional witnesses as it may need from
time to time.
Hobson Charges Fraud.
In the complaint, which was filed
with Homer e. Goodell, Of Hobson
as plaintiff, and Judith Basin county
and it's board of commissioners as
defendants, it is charged that all Of
the 204 voters ballots were illegal be-
cause of the uHconstitutionality of the
absent voters law, that the returns
from West CARMEL precinct, which gave
Hobson a majority Of 20 votes were
counted by the judges, but were not
sent to the commissioners Of Fergus
county and, accordingly, were not
counted by that board, that many of
the Stanford voters were not qualified
electors. some being under age and
some not registered, and that some
Of the absent voters never signed ap-
plications for ballots.
Intervenor Claims Larger Majority.
A complaint in Intervention. or cross
complaint. was filed BY A. fl. Moen
of Stanford, in which the allegations
of the complaint are denied, and
charges are made that larger num-
Der of votes counted for Hobson We're
cast by persons who were not regis
tered or were not residents or quail
fled electors and that many absent |
voters ballots were cast by persons
who were not qualified electors. 1t is |
also charged that judges of var Dus
precincts refused to count bnllots mark |
ed for Stanford to the number of 45
and it claims that the county seat vas
actually won by Stanford by a major
ity of 147, instead of the majority of
80 as shown by the canvass.