The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1923-09-06

ne Ifldls OF Iue CONTEST Oh Dfl
Roosevelt county seat election, whic
began a week ago this morning, ha
covered only small portion of tn
ground laid out in the complaint o
the plaintiff, progress being slow be
cause of the time consumed b.
plaintiffs counsel in offering exhibit
from public records, and keeping
their case lined up Much time il
also required for recesses and argu
ments to the court over points o.
law.
Three Rulings for Wolf Point
Three legal debates, fought out al
length between George E. Hurd fol
Wolf Point and George A. Bangs fol
Poplar, over three vital points, have
all resulted in rulings by the court
| in favor of Walt Point.
The points at issue were: First
Is transfer vital to the legal quail.
fications of a voter who has moved
from one county to another? The
court ruled that it is not.
Seconds a transfer vital to the
legal qualifications of a voter who
moves from one precinct to another
in the same county? The court
ruled that it is not The duty i'm
posed on registrars to make and file
transfer cards was held to be. direct
ory and not mandatory. 1t should
be done but if neglected by an Off
cial the voter cannot be disqualified.
Third: Should the vote of Precinct
81 (Wolf Point outlying) be thrown
out because the Board Of County
Commissioners designated as the poll
ing place building claimed to be an
Indian trading post. Judge Horkan
ruled that it should not, saying that
it would be going long ways on a
slight possible technicality.
The arguments to the court on this
Precinct 81 question were made this
afternoon and the courts ruling was
made just before adjournment this
evening.
Technical points arising from
errors of officials have played large
part in the plaintiffs case, up to
date, but indications point more and
more plainly to the case being de-
cided through the larger number of
legal votes, rather than by ingenius
contentious of attorneys.
Fishing Is Poor
Besides the hundred and fifty odd
votes in precinct 81, Mr.. Bangs has
brought into the question upwards
of 100 votes in the three wards of
Wolf Point and put them to every
possible test-lack of residence, lack
Of citizenship, not transferred, etc.
Nearly all have come through un-
scathed, in fact have made remark
ably good showing considering the
nature of the population of railroad
town and the careless manner in
which registrations and elections
are commonly conducted.
A few votes have been brought
INTO question for one reason or an
1ther, but the number is insignificant /
to Wolf Points majority
If 1872 The Poplar side is doing the
shooting at present but when the
Wolf Point attorneys get the gun it
s expected that some Of the Poplar
,otes will fall, and that the doubt
some Wolf Point votes
will be cleared away.
]. B. Randall Stands Test
To the ordinary spectator, with
,ut any inside view of Mr. Bangs
deas, he appears to waste lots of
ime, not to mention witness fees,
n hopeless cases. Numerous wit
leses are held day after day and
lot put on the stand. ]. B. Randall,
rho has lived in Montana since 1889,
een United States Commissioner
ere over 20 years and postmaster
t Wolf Point over Is months, was
ut on the witness stand and closely
uestioned as to his qualifications as
voter.
One Of the decisive legal battles
the case, the one over the ques-
on of transfers, centered around
he vote of Hjalmer RUSTY Listerud
.usty, except while he was stopping
erman shrapnel on the Argonne
eld, has always made his home here,
here his people reside. But in the
immer of 1922 he was doing some {
lrming on the Southside and reg
tered and voted in McCone county !
, the August primaries. After har- I
est he moved back to Wolf Point {
i'd registered for the general cleo |
on. But the McCone county clerk
I'D recorder testified he found mo
ansfer card for Listerud on file in {
S office. t
Transfer Discovered
Mr. Bangs thought it would be a c