Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-12-27
HEARING CONTINUES
IN POPLAR'S FIGHT
To RETAIN OFFICES
Court Will Hear Evidence To-
day on County Seat Charges
of Fraud and Violations.

Special to The Tribune.
Wolf Point, Dee. 26.-lIr hearing
in the Poplar-Woif Point county seat
contest after being carried on three
days before Judge John +. Greene. adj
j%ourned for the Christmas holiday, to
be taken up again "Wednesday.
The hearing. (which il being held
at Poplar, is to determine whether a
temporary injunction against the re-
moval to Wolf Point Of the county Of
fees, issued in behalf IF Poplar by
Judge G. L. Conner, shall be- dissolved
or continued.
The complaint on which the tenn
porary order was granted. and which is
sworn to by DR.. ]. J.. Atkinson Of Pop
lar, alleges a long and formidable list
of law violations involving election of
ficials in ID precincts. alleged illegal
voters, and the Wolf Point campaign
managers. Judge Greene of Choteau
was named to sit at the hearing by
Judge Conner. who disqualified himself.
Norris. Hurd. Rhoades & Hallet ap-
peared for Wolf Point, Hurd and Hal
let being present. George A. Bangs of
Grand Forks. \. D., assisted by G.. Il.
Erickson of Poplar, appeared for the
Poplar side.
Answer is Filed
AT the opening of the hearing. Mr..
Hurd filed his answer to the complaint,
naming r. J.. Moore of Wolf Point as
intervenor. and called upon the plain
tlffs counsel for a bill of particulars.
This brought on a sharp and length
debate between Hurd and Bangs over
points of law. the paramount issue be
ing the question of on which side lay
the burden Of proof. Mr.. Hurd sue
caolal IN ne%oh1;.b;rr H., .,,-4, M
court ruled that the burden of proof
rested with the plaintiff and directed
plaintiffs counsel to furnish Hurd with
a bill of particulars.
The court suggested that the at
torneys make an effort to agree by
stipulation on a part of the issues raised
IN the complaint. The attorneys agreed
TO the suggestion and court adjourned
to give them Il chance to confer. When
court again convened Mr.. Bangs an
nounced that for the purposes OF this
bearing the charges in the complaint
except those relating to seven precincts
had been eliminated by stipulation. He
had previously admitted that Poplar
was not then prepared with proof of
more than a part of the allegations.
!, The seven precincts mentioned are
four at Wolf Point, Nos. %. n. % and
81. and three at Bainville. At the
November I, Poplar had
crews Of watchers and challeng-
At the four Wolf Point voting
places, ard Mr.. Bangs brought these
on as witnesses to testify concerning
alleged Irregularities and Illegal voting.
County and other officials were also
put on the stand.
Absent Ballots Contested
One of the chief contentious was
the votes of certain absent voters.
The plaintiff has so far used IA wit
nesses and consumed much time in TAX
ing them through minute details of the
happenings at the Wolf Point pre-
cinets, the three polling places at Balm
vile having not vet been touched upon.
Nothing of a material nature has been
proven so far.
Attorney Hurd has been successful
u bringing out points valuable to the
lefense IN the cross-examination of
for the plaintiff. One wit
testified in cross-eyamination that
ne had watched from close range the
OF the county seat ballots in
orecinctS 70 ana - and that they were
exactly as they were marked.
One of the allegations in the COMPLAINT
vas that votes in these wards cast for
were not counted for that town.
The most diverting feature. from the
'pectators' standpoint. came up when
here was a brief tilt between Attorney
1urd and Clerk and Recorder Dwyer.
t had been brought out that the clerk
lad delivered at the polling places the
'allots for the four Wolf Point pre-
incts eight days before the date of
lection, and that the ballots had. sew
raj days afterward. on the advice of
If. Hurd's firm, been taken back to
he clerks office by precinct election
f%ficials. who demanded that 4S ballots
e taken out to supply as applications
or absent voters ballots which the Of g.,
had brought with them.
The defense has n large number Of
illnesses ready when the plaintiff
eEts its case.