Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-11-17
5CA5E:
STILL HELD Up
BY WARY COURT
Judge Carroll Wants to
Be Sure of Integrity
of w. Garneill Votes.

| of w. Garneill Votes.
Stanford Counsel Says
Absent Voters Law Is
| Not All Mandatory.
Special to The Tribune.
Stanford, Nov. 16.-Close Of the
third day Of the hearing Of the Hobson
Stanford county seat contest failed to
bring with it determination of either
Of the big questions which have en-
gagged counsel in lengthy arguments
each of the three days-constitutiona
ity of the absent voters law and the
admissability of the West Garneill bal
lots as evidence
The constitutional question was
taken up at the convening of court
Tuesday afternoon, when twas raised
in connection with the examining OF
Alex c. Connor of Kolin, witness for
the plaintiff, by whom it will be sought
TO show that the legal requirements as
TO applications and affidayits upon his
absent voters ballot had not been COM
piled with.
Judge Sanner, for the defense. argued
at length in support of that law and
presented a Wyoming decision which
delved deeply into details bearing upon
this matter. He then took up Mon
tana decisions to show that none OF
the law S requirements are mandatory.
but are directly in their principles and
held that nothing in the law can effect
the disfranchisement of the voter re-
gardIess of any technical errors On the
part of election officials in the ae-
eeptance and transmission Of the bal
lot. providing the yoter is a qualified
elector.
Judge Rasch, arguing for the plain
tiff. held that the laws requirements
relative to applications and affidavits
are imperative and that if they are not
with the ballots must be re-
jeeted
In order to permit of the examination
quired his presence in Lewistown. the
argument of this phase was suspended
temporarily before a ruling was
reached
Hohson Claims 20 Majority
The ballots of the West GarneiH pre-
cinct. from which no returns were made
on the county seat election but where.
it is alleged by the plaintiff. Hobson
received 81 and Stanford 8 votes, were
again brought into court, but remained
in their pouch up to the
time of adjournment.
w. w. Wheaton, county clerk and
recorder of Fergus county up to Jan.
3. 1921, WAS called to testify as to the
integrity of thn ballots and returns OF
the election of Nov. ., 1920. He testi-
fled that the ballots and returns all
came to him in canvas pouches and, in
some instances. in grain sacks, some
locked and some merely tied up. He
said they had been in his possession
from the time they were delivered by
the election officials until he relin-
luished office to his successor, that
hey were kept in a pile on top of filing
,ases in the vault in his office, which
-oom also was used rs q work room
md was kept locked after office hours.
he combination TO the vault door being
II the possession of himself and tive
deputies. He testified that no returns
IN the county seat question had been
or canvassed as from West
sarneill precinct.
Court Wants iron-ciad Proof
Louis j. Lehman. present clerk and
ecorder of Fergus county. was re-
allied by the state and asked to pro-
luce the ballots and returns from West
iarneill precinct. He brought the
'ouch into court. but was prevented
rom opening it when the court stated
e was not satisfied that complete
howifg had been made as to the in
egrity of the ballots. The court also
sked for an abstract of the election
eturns on the county seat question,
ihlch It was then promised would be
btained from Lewistown.
Mr.. Lehman testified that the elsc-
ion pouches had been turned over to
i'm by Mr.. Wheaton and that, as far
$ he knew, they had never been mo
asted or opened with the exception
t couple of pouches which he had
pened to obtain check books. He
aid he had found the bulk of the pou
nd tally books and official registers
a another place in the office and that
e had received so many requests for
nformation from them in connection
tttA NAS SAC0lAOA oA DuHlcT COuuNN,
hat he had caused them to be bound
a leather in two volumes.
Thousands Get Near Ballots
AS to the possibility of persons other
han himself getting to the pouches
ontaining the ballots, he said that the
ault had been open virtually all the
ime. as large force of county record
had been at work In his
ffice from early in January until late
/ Anril. engaged in shifts at all hours
f the day and night, that he had
srge force OF deputies and all told
aere were at one time 95 persons
'orking in and about the vauk aRd
ther rooms Of his office He testified
lat the public was admitted to the
ault and he supposed that with the
orking forces and the public the room
light have visited by thousands Of per-
ms. However, he testified. he had
structed his deputies to permit no one
examine the election returns or bal
ts unless in his presence nnd, as far
he knew, they had never been mo-.