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k ah eae s la . thUe of d itotlo. Y hn 4. nEotrloa e O sIe Withits'c... ti. asth the opilaee @f tr elat. 3 dnj lt Wilt, 'a rutie Harwood bdooedn.o le ion eousoering as the 4eeisil r tt tIn th e Cheteasa mt of the psWeU! , ih0er of tne i jstt nI r, h n ohe q t wi opisionla I ti 'sd given i1n p0t es folow b he ?o e uloet of pt is oase, ar obr , i o fo th isa of a the alte tive wriet if iandate, w eare noble She mehrt e fo r of this eond ta , bin Squestion of npra eems by way of mthee Sto qas e dproedin,e on he vi ound hat the omI aem no fudton th e r pr e ofeeiag for the.adabvit of the relto inaryn order was marde by the ohief jostles of this ourt, at oharabers, in vacation, for the isuanee of forthe alterntie writ of n issed, rurbyonebl to the and for heaing and dh. termin Ton i the ort atof me atim a dsignated. The questionae of practise o me by way of m-b lonr to quf omethe proceding. on the ground that rthe curt has no jurisdiotion thereof for haring , bease teo preliminaro order for the lawspeatialy wit wa s issud by on jompl the ad o f being issuedprty by the or convened and sitting an o oho The writ o maled, an r ied by th he ls statute of this stats, is a mandate, by a counawrt of comlly pretent lridd, by e inferior in bslor tribunl, ornetaion, board or per-on." son, to compel thae perfor ance of san ot hie s tae law sprovides thnjois as apr dn or mandam fros shall be ene or statin " or ionpel the appdmision of a party to the Which he lly ntitlered, and from whoribe he nlawfullrbed s by heluded, b sppo inferior tr bastl, ays norporation, he pboard or persut to." be (ompined of, that app of Maionta section 686, Code Civil Proeedure.) The statute provides that the proceeding for mandamus shall he commened "upon dion the, on he application of the pparty beneficiaorlly interested," and i presiribaned on methods o bringinghe on the hearin ode th applicationrep before the cother On method rescribed is by the applicant giving at least ten days notice to the p ary about to be complainf e of that application for the writ will b madew to the coaid, at th timpp and p lstatined in the notie. (neration 89ode Cionsil Procedure) This brinres o himn the inal heorman of the pplicatyon b t he court, ad if a writ i grapented on ofch hesringo the sen is merely formal and inal nd peoryreortory., Thaother mprethrbnod pes sctworibed by ets for bringig upon the balleger ingoquent the applicatiear befon isore the olssnue of an altern the whri, on the affides that:nd "ppli cation o th be party be y defally.inr Thed This prellminard by prces isddresoed to the phe advertse omplaind of. appearnd stators "generall the allegations against him," requires of him, thode ivil erformance o th duty, whichte appseemars rplainom th aftidn view of to have bleen wrongfully neglected, or that he "show aue before the coualternative writ whileaed time. andwrit, plac nwhy barded has notdone so (Smore tion 867, Code Civil Procedure.) The efect of this e irocniies is mrely formal and initia tory, ror the statute, after prescribing these two method of brcalling up on the hallrnwed delinquent party to appear before the court, upon the hearing provides that: "The writ shall not be granted by default. The case shall be beard by the court, whether the adverse party appear or not." (Section 869, Code Civil Procedure,) By this statute is seems plain that, in view of the legis lature, the sIternative writ, while called a writ, was not regarded as anything more than the initiatory process, in case that method of bringing on the hearing was seed. The most important point which arose in this prooeeding, in my opinion was the question as to what documents the county canvassing board may examine as oonsti tuting the election returns ft om the several precincts. An important part of such re turns is one of the two poll ooke kept by the'olerks of election, wherain they enter the name of each elector as he appears, and his vote is admitted by the judges' also showing the result of the canvass o the votes of such precinct by the judges and cle ks thereof at the close of the eleo tion; whioh poll book, duly certtfied and attested, as required by law, is returned to the county canvassing board. That part of the returns is provided for by sections 1019 and 1080, inclusive, of the compiled stat utes, .ubsequent to the passage of that statute an noat was adopted by the lagisla tive assembly, providing for the regestra tion of all qualified electors, rior to the time of holding each general election; and providing that votes can be received from electors only on a showing of their previous registration, as required in said set. (Session laws, 1888, p. 124.) This law provides that the fact of previous registra tion must be shown by a "check list" for each voting precinct which is a list of the registered voting of such precinct, taken from the official register of the district; or, if the name of the elector whose vote is offered, does not appear on such "check list," his vote can only be reeived on his production and surrender of a certificate of registration, Issuaned by a relistry agent, under seal of his office. Two clases of suneh certificates of registration are pro vided for in the registration aot. One class comprises certificates issued to qualified electors, who on account of a vapancy ip the offise of the registry agent of the dis trict whereln they reside, are authorized to quality before the registry agent of another registration district of the county, and re ceive from the latter agent a certifioate of registration, and upon the prodaotion and surrender of such eertiflcate, the vote of the elector holding the same is admitted in his own precinct. This class of certifi cates is provided for in section three of the registration act. The other class of certificates is called in the registration act "State Registry Certifi sates," and comprise those issued to an elector, after such eleetor has been regis tered in the district where he resides, and his name is erased front the register upon his request, and a state certificate of regals tration is granted to him by the registry agent. Upon presentation and surrender of such certificate, the elector holding the same may be registered In another place, where he has established residence in time to become a qualified voter at the next en suing election. On being so registered in the latter district, such plector surrenders his registration certifiate, and his name goes into the check list of the preclnct where he is last registered. Judge Harwood then goates section 11. of the registration act, relatina to the qualifi altion of electors who have taken out state registration oertificates, but who have been unable to register before the closing of the books, and how such electors may qualify. By these provisions it appears that votes may be received of electors whose names are not on the cheek list of the precinct; but such votes mast be received on eertifi estes of registration, issued as provided in the act, and surrendered to the jndpes of election. Now, in relation to the returns of election, (in addition toone of the poll books of the preoinet to be retiuned to the conuty can vassing board, as provided by the general election law,) the registration not provides as followser "The copy of the official regis ter, together with the 'eheek lists' for elec tion preelnete as herein provided, shall be carefully preserved and duly certified to by the regisry agent, end delivered, together with theU affidavits of objeetion, to one of the jadgee of eleetion, in eosh election pre elot, at a time not later than the day ret the she t tai the t hat' fi the eisntry ae Merttda b the jude of i~thnt oh~ the | oaerd of coaunt s, inmeannlfoned sho and t.- t ie tleed by Soes to item. ords ed stvau 4o sb e re rn thereamntary i r e e to be a 4t 1 1 . bUco prnro o i.'r,1 bo . a, bieoto l .o m aT r stJon aat pm the ti, lu pit o e enon of the egis atoure a In the e. olh otion oft.ebvd eard altln in (tisoweru as USE for t re turns from id pre a the ar by providing that kte end ertlficates oi reglrstion mqhtloned should coustl name p Jz of the eieo in aretd ur pIn ded /thit the evidence of registyation on em on bye" t snvaselug board, as part held that such manifest iatentipn should have' effect This wasl an im rotant rpent the poll book as havin been allowed to vote at s baid pregot.p, o did let . appsa to have been meuisesred; and that fait ao peesred from eeseturntes that said sixteen peruoe wore got entitled to vote at all at d leion, If was true, more thOn onethird of the fort-e i votes one turned by the poll hook from said preh ct wer tfraudulent and did not represent votel cast by registered electors, as a eared from examination of the registra tiOn lists. On demurrer to, the answer it was con tended that the canvassing board ehad no riglht to look at all the evidence of regis tration on which votes were received, as pert of the returns, ter e whethsr the list of the electors recorded in the poll book s having voted, wore registered. The de murrer 'as overrtuled by a conourrence of a majority of the court, and the respondents were tha allowed to substantiate by proof the allegation of their answer, as to the irat disorepanoy between the registration liste and the vote returned by the poll book. But on the hearing of the canvass ing board utterly failed to establish such allegation. On bringing in the cheek lists and esrtificates of registration surrendered to the judges of election, it was found that these doouments showed the registration of a greater nambir of eleotors than was re turnpd in the poll book as having voted at said election. There was no suoh thing as the registration list falling short of the voting list by sixteen names, as alleged, or by any number whatever. The only sup port offered for that allegation was the pointmng out of some difference in the spelling of names, as written by the rea istry ant, and by the lerks of election, or a difference ocurring by way of using initial letters for the Christian name in one case, and writing It at length in the other, or the dropping of an initial, as "Henry Brough" in the registration list, and "Henry S. Brough" as recorded by the clerks of eleo tion in the polk book. However slight was eaoh difference, it was seized upon as ground for alleging that the elector as to whom it oceurred, was not registered. The purpose of this conourring opinion was to more fully treat the question of -practiee as to the issuance of the alternative writ of mandamus on the order of one justie of this court, and the question as to what eon stitntes election returns under the revisions of the statute. District Court Notes. The calendar in department No, 2 will be called on Jan. 14. W. E. Phillips iled suit yesterday against Joel T. Smith to recover $250 on two prom iesory notes and for $70 attorney fee. Judgment for the Beaupre Mereantile sompany was entered yesterday for $188.80 angainst the Kepner Schmidt Mercantile company. A suit was filed by Masrlo Sullivan alainst Will H. Clarke and J. H. MeLaugh-' lin to recover $4,272 on a promissory note given by Clarke to McLaughlin and by him assigned to the plaintiff. Mrs. J. Butler has recently leased the Kauf man & Stadler block and thoroughly renovated the same. Rooms reasonable. No. 18t Edwards street. There is only a single vowel of difference be tween gold and Gould. U make the difference and you can save gold by trading with Butcher & Bradley, 106 Broadway. Samuel R. Davis-SOeelatl INVaTMeNIT STOCKS. Iron Mountain, lots 500 to 5,000; the best investment in the market. No other stock on the list pays the percentage that this does. Buy now at the bottom. Plegan, Marysville, (gold mine) 8,878 shares, at a price. Whitlaoh Union and MoIntyre. For a sure thing investment-with no possibility of loss-the stock in this gold mine is a purchase, A few small lots for sale. Bald Butte, Marysville, the greatest gold mine developed in Montana; 800 shares only offered. Yellowstone, (Castle). I have some lots of this stook aggregating 12,000 shares. As it seems an almost certainty that the rail roud contracts will be signed within the present month, the nominal prie of this lot of stock would appear to be a good speculation. Benton group, (Nelhart). This is the phe nomenal gold and sllver mine of Montana; one block 10,000 shares; one lot 1,700 shares. Good investment. Florence, (Neihart.) A mine of great promise; 1,000 share lot is all I have. 26 and 27 Bailey Blook. Weeod 64.75 per cord in two cord lots. 3. B. Bouoher, agent, L. & L block, Sixth avenue; telephone lt1. Bargains In every line during the present week at The lice hive. Trail Creek and Penasylvania hard coal, and also wood for sale by the Montana Lumber and Manufacturing company. The Broadway lioese. The only first-eless rooming house in the city, with dining room Im connection. Mullan Fuel oompany is selling wood at $4.L75 per cord in twocord lots. L. & Jo block, ixtLh avenue; telephone 181. Be aure and buy a winter wrap at The Bee Hive discount sale this week. Remember that all wiuter underwear will e sold this week at a discount of i par cent at The Bee live. D" RPRICE'S eakint The only Pure Cream of Tartar Powder.-No Ammonia; No Alum. Used in Millions of Homes-4o Years the Standard. TIe Rtee&ing Statementgf° R. Z Y_**# Corret.e4 by ion. - ZEdgetonu. s"aom*tsad lore Showing Chatsrt a @ollotoneio l Admi a fi Stratilon of Athfoioih peutiltve Outelde Property ead Mr. e.ne Opper. aity.l-the l Plar ll ts o Set ther' realyer.e 'La * t*en~iet , t Const acoamliifoinr an rosua w of eterday eMied to a ems evinlaltion fohi ic o. Zokey, poblieted in as il runarr of last tauday. In his oo.sattaleaton Mr. Lookdy attacked the otaety eomlml ioners for' their manage. meat of county afairs, losinuating that it W.a just the reverse of economleal. With a stilMr. Edgerten mid he had read the oard, addinsa "I will say that I would pre. far to pay no attention t that portlon referring to the commissioner, but I feel that it is only just to the property owners and resideats of Helena that slatemeots whieh are untrnue regarding the subject of taxation should not go forth to the world at large unoontradieted. A eomparison with the previous year and the oealu of other euatles is favorable rather than othn erwise" he continued. "Mr. Laokey is mistaken when he says that taxes of Lewis and Clarke county were inoreased last yIar. Thle act is they wre just one-half lmill lees belide the two mills for jail or say general tax, o far as any levy is goncerned that onsld be controlled by the oommiss sionirt, than in 1891 '"the levy for the state., school, poor. roadt etc., were all the same as the pie vious year, except the item of eounty or general county expenses, and that in 1891 was one and one-hall mill, and this year it was only one mill and while referring to that, it may be well to say it covers about the only items of expenditures which ae within the control o, or adjustment, to any considerable extent, of the commissioners, In other counties of the state this item ranges from three and one-half to twelve and one-half mills. Where Mr. Lockey has made his error is in regard to the epe al levy for shobool purposes in the first distriot, and just a word on that subjeit may not be amiss. In 1891 the school true tees asked the commissioners to levy thero and one-half mills. This was refused, and only a levy of two and a half mills madi At the spring election of 1892, held April o, the question was submitted to the voters aO to whether an extra mill should bi lelae * to furnieh additional s -hool facilites.' The vote on that question was about fourfifths in favor of this extra to penditure, so that it was the 'qualified voters' that increased the tax and deolded this extra mill should be levied, and apn the commissioner the levy by the oia-o missioners being the same in 1892 as it wait in 1891-two and a half mills. Exolusive of speioal tax for distriot No. 1, this one mill' 'for additional school facilities' has only application to the ciatty of Helana and not the county generally. In 1891 and 1899 each, we wire required by the school trus tess, under section 1906, to lrevy an extra mill on this district, for the purpose of 'payling interest on the school bonds and furnishing a sinking fund'- so that, taking off the two extra mills whicah only applies to this district, for 1892 the general levy of the oaiprsisioners for this year wowld he six and a half mills. (This doeor not in olude a levy on outside property of two mills for general road purposes.) While last year it was seven mills, exclusive of jail. Last year the reduction in valuation was nearly $5,000,000, or about 16 pesr cent. possibly there might be some more just criticism than that of having allowed the teachers and children a holiday. I certainly do not wish to be understood as otering any apology for the aid I have extended to school matters, nor, as a taxpayer, de I in any way regret the meney expended In that direction. "As to the subject of our debt, it certainly is somewhat astonishing, but the position which I took with regard to paying of the jail debt, instead of issuing bonds and call ing upon posterity to help pay prineipal and interest, will show clearly enough that I believe in the prineiple of paying as we go, and I think if that principle was adopted a little more generally, instead of calling on the people generally to vote for a bond issue, useless expenditure woeld be avoided. However, in this connection, it might be well to note that of the $60,000 paid for interest, only $11,400 of it is for county purposes. $24,000 for schools, and $6,000 for city. "The only undeniable position taken by Mr. Lookey," concluded Mr. Edgerton, "is that unimproved outside property is taxed. The only answer that can be made to this proposition is the fact that, at present, there is no law that exempts speculators from taxation, and taxes are one of the burdens of real estate speculations; but Mr. Lookey being in the legislature, it af fords him a fine opportunity to rem. edy this defeat, if it is. In his opin ion, unreasonable that outside property should be forced to contribute toward the support of the government, while it is un salable at speoulative Sgures. It may be well to note that the levy in this county, even while we were building our jail, with the two mills extra for that purpose, was lower than any county in the state, and the same is true of the past year." One of the school trustees, referring yes terday to Mr. Lookey's statement that he was "informed" that she trustees had made the teachers-a "present" of $1,000 or $1,200, said it would be well for that gentleman to look into the matter before he made such a misleading statement. "No present was made," continued the trustee; "the teachers are employed at so much per month; the trustees decided to close the schools for one week for the Christmas holidays; the teach ers were there and ready and willing to work right along; it was not the fault nor desire of the teachers that they be laid off for a week. Under the ciroumstances it was felt that that the trustees had no right to make a deduotion from their regular monthly salaries. The Helena teachers have been paid during the Christmas holl days in previous years, the Butte taeslers were paid during the holiday recess, so were the Anaconda teachers, and if Mr. Lookey will take the trouble to inquire he will And that in every city in the east of any size the teachers are paid full salaries for the month in which the Christmas holi days come, whether they :ontinue for one or two weeks. Perhaps Mr. Lockey really ob jects to a Christmas holiday recess. There is one way the trustees could have legally avoided the payment of the teachers for the whole month of December. ' behey could have discharged them all on Dec. 23 and then employed those who remained Jan. 2. The trustees made neither present, gift. nor donation-they simply paid the teach ers of Helena what was their just due, as did $t. Peter's parish school and the Meth odist university." NEAt Ax AND LOT. * oUT 1;0oo. BagV ,E AND SEE TMY IMENSE STOCK * , OF P 0 I R T= C AND 0 N S S I am now selling, and have been for one month, Musical Merchandise At a lower price than ever before in the history of the business. Jackson's Exclusive Music House. WILL REMOVE TO indsay & Co's Old Stand, February I TURNER & CO. C. B. LEBKICHER, Blank Books And General Boolkbninn,. Maaar.otar.r of the IadestretIble Nlia-Opealgl IlsaLk Nek. .e Extrs Ost. ESTIMATES FURNISHED. Second Floor Herald Building. For Mining Men. Becker's Fine Balances. Hcskins' Gasolene Furnaces. Battersea Crucibles and Muffles. Fine Graphite and Black Lead Crucibles. Bucking Boards and Mullers. Iron Retorts, Mortars and Quick silver. Chemical Glassware and all As sayer's Material. POPE & O'CONNOR DRUGGISTS. Has Thee Any More Scrapple? Oh, yes. We keep a fresh supply on hand continually. Bring me some please. It is just like the mother used to make in old Philadel phia. THE CASH MARKET OQv.lcza 561 STAT'A ST. T. 6. POWER & GO. Deaers in Farm and Mining Machinery of every descirtion, and State Agents tor the "Old Reliable" Sohuttler and "Bone Dryh Rushford Farm, Quarts and Logging Wagons. Hay Balra, Batin Tie, Barb Wire, eto. Steamboat block, corner Helena avenue and Main Street. S* A COMPLETE LINE OF .. .. Montana Sappkires BOTH CUT AND UNCUT. HELENA JEWELRY COMPANY ASS PIEROC, MANAGME. POWZE BLOCK, SIXTH AVE, A FIRST-CLASS LIVERY AND BOARDING STABLE. HOLBROOK & SLOCUM have taken the New Club Stable in connection with the "H. & 8." Hack and Transfer Co. OCleo Grand Central Hotel. O*oo Ielepheoae . No0.. table Telephone Na 87. WEISENHORN CARRIAGE MANUFACTURING CO. -ALL KINDS 0o1 Carriages and Wagons Made to Order. Repairing and Painting Promptly Attended to. HELENA AVE., ADJOINING W B EABOAT BLOCK. TELEPHONA 1l1. MONEY TO LOAN IuT BC7Y 0 3 'O cVICT. Oa Improved City and Farm Property, fori One, Two, or Three YeUra at lowest current rates of interest. 'WILLIAM DE LACY, ROOMS 21 AND 22. GOLD BLOCK HELENA. MONT. H. M. Parchen & Co. Are Wholesale Agents for all the Leading Patent Medicines and Pharmaceutical Preparations. Buy Drugs and Chemicals from first hands in Original Packages, and can therefore guarantee their purity and gen uineness. We never substitute and customers can always rely on getting what they call for at prices as low as the east. Parchen's Corner Drug Store. iThe Belvidere House ll1 AND 513 N. MAIN Sr. -uroen or An ria 0, A. McDaNALD Modera lmprovemonts S PRO/PRIETOB. STEELE, HItlISON & CO., lay, Gmin, Hlour, Feed, Rollel Oats, COU.MUAL, FOTAVOUe , ET. Seeds Rooelvede on Storge at Low Rates. Cem ema eth rotobhma solicited, aw quantid tor cash. Wholesale .eat tfor tho Celebrato.l Royal Banner and Pride of the Valley Flour. elekytauo No. 101. 183 t Bosoman BS Nes N. P. Pa neer Depot. Auction! To-Night! Remember, we are closing out everything, and you are missing Great Bargains by niot coming to our GREAT CLOSING OUT SALES. Store open all day. Auction Sales at 2:30 and 7:30 p. m. TH HUB NEXT TO THE POSTOFFICB. I ontana Uniersity. University Place, Near Helena FALL TERI BEGINS SEPT, 5 Oourse of la.sruotoIn 1. College. 4 allege Preparatory. 3, Busines. 4, No-. nal. 3, Muile. .r ArL. , Mtlitary. Also Ihatruotlea Ina Cmmom BrWaaeee. Able tatretUom,. elegant building. Iand for Catalogue to the Peldet. F. P. TOWER. A. M. D. D.