Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1938-02-26
RECALLS STATES
FIRST ELECTION
SCANDAL CONNECTED WITH MON.
TANA'S INITIAL VOTE CAST
ING EVENT
Vote in Tunnel Precinct" Near Butte
was the Subject of Many Political
Jokes; Board Refused to Canvass
Returns.

~
nected with MOntana's first state
election on account Of alleged n
reguIarities connected with the vote
cast at the tunnel" precinct which
was located on the Northern Pacific
] railway near HOmestake pass. "The
vote in precinct "a" or in "the
tunnel precinct" was the subject OF
many political jokes for long
number Of years but only the
"'S9ers" knew the details.
The general impression was that the
tunnel precinct" was democratic. The
republican canvaSsing board Of Silver
Bow county refused to canvass the vote
until ordered to do so-by a democratic
Judge. The control of the legislature
was regarded as vital Two United
States senator's were to be elected. The
republicans had elected every state
officer except the governor, which Of
flee was won by Joseph K. Toole.
Every county clerk, many of them
democratic, issued certificates to the
elected candidates for the legislature.
The state canvassing board, repup-
lican organization, also issued certlfi-
Gates of election, many Of them IN con-
flict with the certificates issued by
county clerks. Governor Toole declared
that the certificates issued by county
clerks were the ones that should be
recognized by the house and senate.
The republican papers criticized the
governor reminding him that the
legislature is the judge of the eligibility
of the membership"
But there was no legislature. One
half the senate-rep ublicanS-met with
the republican lieutenant governor, j.
2. Richards. The other half-democrats
held their own meeting apart from
the republicans. The republican and
democratic members of the house pur-
sued a similar attitude and each side
called the other a trump" assembly.
The following is the republican YER
sion Of the situation as voiced by
Thomas H. Carter, then congressman
and later senator from Montana, which
appeared in the Chicago Tribune In
November, 1889.
What was your majority"
ut was 1,648. There were II can
didates on the state ticket. But one
democrat was elected, Toole, candidate
for governor. His majority was $50,
obtained through republican votes. Re-
publican majoritieS for the remainder
Of the ticket were from 300 to 1900"
WAS there any detection among the
republicans"
mot to any noteworthy extent. They
worked tremendously but they were
forced to contend with a united de-
mocracy The democrats were sup
ported by all of the corporate in
fluences of the state. 1t was also sup
piled with unlimited funds by Million
aire democrats who had senatorial am
billions. The republicans had barely
enough funds to cover the most neces-
sary campaign expenses. The democrats
spent at least 100000 in an attempt
to gain a majority Of 10000 votes. All
they won was the governorship."
do not the democrats claim the
state legislature is democraticP"
Senate q Tie
"The state senate will be tie with
the republican lieutenant governor
casting the deciding vote. The compo-
sition Of the house Is just now matter
Of speculation. The democrats hope to
control the house and, consequently
the legislature on a joint ballot Qor
the election of United States senators).
The democrats base this claim to a
majority by virtue Of the votes OF a
number Of birds of passage" who hap
pened to be employed on new rail-
road In Silver Bow county.
"At that precinct (the tunnel pre-
cinct No 34) there we're 174 votes cast.
The returns of the judges, prepared IN
secret and in violation Of the law
with locked and screened wtndows-tn-
dicated that III Of these votes were
cast for the democratic party. The
Judges took the ballot box from the
place where the election was held to
lonely cabin on the mountain side.
They excluded the clerks Of the cleo
ton from this cabin and pasted heavy
paper over the windows. Having pre-
pared their report in this manner they
brought it forth and demanded that
the election clerks sign 1t as witnesses.
Returns Illegal
1.-THE returns were forwarded to the
county canvassing board which dis
covered that the returns had not been
prepared as required by law; that they
were not In any sense regularly certi-
fled returns The canvassing board on
further investigation became convinced
that the returns submitted were not OF
the vote cast in precinct 34-nor IN
any other precinct Of the county.
"In these circumstances the canvass
ing board refused to receive the report.
Within five minutes after their refusal
a mandamus was served on the can
wasting board requiring them to can
vasS the returns or show cause for
refusal. The Judge who issued the writ
was himself a democratic candidate
OOcpicH OSWOAS: WiilS HAoeVSAS W.
resting the territorial supreme court
composed Of three democrats and one
republican ordered special term OF
district court of Silver Bow county
so as to allow Judge DeWolfe to hear
and determine the Silver Bow manda-
mus case before Montana was ad-
mitted to the union-at which time
Judge DeWolfe would lose his position.
The Mixup
Meanwhile the county canvasstng
board had submitted returns to the
state canvassing board, returns based
on the exclusion OF precinct "a. After
the mandamus proceedings the board
canvassed precinct "a and the county
clerk then issued certificates in ac-
cordance with the findings Of the |
second canvass.
80 these Silver Bow democratic