The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1923-01-04

1aded from the district court Screer
at the Walker opera house, Poplar
asst Friday evening when Judge Greer
verbally announced his decision thai
the temporary injunction, which pre-
vents the county officials from moving
their offices to Wolf Point, should con.
tinue in force until the trial of the
question in issue is completed. The
court at the same time set February
1st next as the time for the trial to
continue.
The trial before Judge Green had
been under way since December 20
with a four-day Christina srecess,
which made six full days of court.
The purpose of it was to decide if
the injunction which was issued on
Dec. 9Th by Judge Conner should con-
tinue to hold the county Offices at
Poplar during the trial of the gen
eral contest of the election brought
by Poplar, or if it should be dissolv-
ed so that the offices could be moved
to Wolf Point, which was chosen
permanent county seat at the election
of Nov. 7, and so declared by the
board of canvassers.
Appeal Taken
Having failed in the effort to have
the temporary order of Judge Conner
set aside in district court, George E.
Hurd, chief counsel for the inter-
venor in the cast, at once gave notice
that he would file a bill of exceptions
within Is days. This being the first
step in an appeal to the state supreme
court to do what the lower court had
refused to do The granting of what
will be asked in the appeal would in
no wise interfere with the trial of the
contest or the investigation of the
allegations brought by the Poplar
side but would clear the way for the
offices and the court to be moved
from the former temporary county
seat to the permanent seat of govern
ment chosen by decisive majority
of the electors. Attorney Hurd ex-
poets to get the appeal before the
higher court by January goth.
The Allegations
In the complaint in the case, DR..
]. L. Atkinson, for Poplar, swore to
his own knowledge of a long list of
serious offenses covering 15 precincts
and including illegal and fraudulent
voting to the extent of 195 votes,
fraudulent counting of the votes cast,
irregularities in the conduct of the
election, conspiracy to bring about
fraudulent voting, illegal use of
At the beginning of the hearing
the attorneys stipulated to go only
into the affairs of seven precincts,
four at Wolf Point and three at Balm
vile, and paragraph 9 which alleges
that 1876 illegal or fraudulent votes
had been cast for Wolf Point. The
first day, Dec. 20, was entirely taken
up by arguments and conference of
the attorneys on these stipulations.
Attorney Bangs admitted they were
not prepared to prove more than a
gave him until $50 Thursday after
noon to furnish a bill of particulars
as to illegal voters in the stipulated
which the attorneys for
he defense had repeatedly called for.
During four days, December 21,
2, 27 and %, the time was occupied |
~ the plaintiffs attorneys in exam
ming some 26 witnesses and fishing /
in efforts to show irregular
es and illegal voting. Most of this
ime was devoted to precincts "a
Ward 2, Wolf Point and 81 Wolf
'oint outlying.) The official election
ecords for all four of the Wolf Point
recincts were put into evidence and 1
mere was lengthy discussion of GER
ain incidents and certain voters. (,
he Poplar attorneys appeared to be
rouping in the dark as a result Of
and erroneous knowledge
f the persons or matters dealt with. ,,
hey were long on suspicion but
lort on facts. An unreasonable {
mount of time was consumed by
ttorney Bangs investigating the
otes of people who have resided in
Tolf Point for years. Some of the !,
anuvers Of the great lawyer from
orth Dakota were comical and 2
lsily recognized as dust raisers and
ays to the home galleries. Many
letions were directed toward inves- :
eating such voters as Mrs. w. B. :
eWitt, Mrs. Dan Carpenter and :
AIRY p Wood Mrs. Carpenter and
rs. Dewitt, were even subpoened by 2
e Poplar attorneys but they appar- :
ltly got wise and decided not to put
EN- on the stand.
Keen Observers
Concerning affairs on election dav