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THE GREAT F AULS TRIBUNE MONTANA'S BEST NEWS GATHERER THIRTY-FOURTH YEAR. GREAT FALLS, MONTANA THURSDAY MORNING, NOVEMBER 17,1921. PRICE FIVE CENTS CHINA OUTLMES HER "BIL OF RKSTTS" ROADS ORDER IMMEDIATE SLASH IN CAR RATES ON FARM PRODUCTS Democrats Block Action by Reading Reports of Special Committee. Spent Too Much but Violated No Law Is View of Spencer. .. , v. in -ri „ took a up "report of' the privileges and elections committee Wednesday on the coyest of Henry Ford against the seating of Truman H. Newberry, Ile publican, Michigan, who was his op ponent in the 1018 election, and al though the debate was # at times heated and a night session was forced, little progress was made to ward a vote. The debate was opened by Chairman Spencer, of the privileges and elec tions committee, who supported the report of the majority calling for the seating of Senator Newberry and in general defended the senator and his 1018 campaign. In concluding his address. Senator Spencer suggested that Senator I'orn rene, Democrat, Ohio, representing the minority views of the committee, proceed with a statement, but the lat-. ter declined, saying that he wfys* jii disposed and would not speak at tue night session. Vote Is Blocked As the night session wore through quorum calls and a cross fire of polit ical debate. Senator Harrison. Demo crat. Mississippi, who previously had charged the Republicans with attempt ing to force through the resolution for seating Mr. Newberry when the arm ament conference was occupying the public attention, took the floor and began to read the majority and minor ity committee reports. Tlie documents total some 2.<KJO pages, and other Democrats said they were ready to take up the reading in relays if neces sary. Senator Spencer and other Repub licans denied that they were attempt ing to force the resolution through as Mr. Harrison had charged, and said they were ready to vote. But Mr. Harrison and Senators Walsh, of Mon tana. and Swansoa, of Virginia, then began an attack in which they accused the Republicans of seeking a night session in revenge for the refusal, through the objection of Senator Wat sou, Democrat, Georgia, earlier in the day. for a unanimous consent agree ment to vote on the resolution De cember 28. , Spent Much Money Senator Spencer, in the course of his answer, said he admitted that the money .spent in the Newberry cam paign was too much, but he contended that the Michigan senator has violated no law. Senator Stanley, Democrat. Ken tucky, interjected to say th;it the campaign "was a race between a tin lizard and a golden chariot." After Senator Harrison had con tinued his reading for more than an hour. Senator Spencer moved a re cess until 11 a. m. Thursday, and this was carried without a roll call. The effort to obtain a unanimous agreement setting a date for a vote will be resumed Thursday, leaders said. British to Renew Efforts to Stabilize Nation's Business Washington, Nov. 10.—Renewed ef forts on, the part of the British gov ernment to stabilize conditions in gen eral and give an impetus to trade is the outstanding feature of the recent economic development in Great Britain, according to a cable to the commerce department Wednesday from Commer cial Attache Tower at London. The effort, he said, consists of a bill now before the house of lords provid ing fof government loans to assist capital enterprise up to a total of 25, 000,000 pounds. BANDITS LOOT BIG WHISKY WAREHOUSE Reginn. Sask.. Nov. 16.—Six masked men made prisoners of two warehouse employes at Carnduff, Sask., Tuesday night, and then loaded 00 cases of liquor into automobiles and escaped, according to word received at provin cial police headquarters here Wednes day. The warehouse employes were re leased two miles from Carnduff. Amer ican authorities have been notified that the thieves may attempt to cross the border. COTTON PRESS BURNS Fort Smith. Ark., Nov. 10.—Over 5.000 bales of cotton have been de stroyed and as many more are expected to be lost by a fire that is raging at the oFrt Smith cotton compress com pany's plant here. The blaze which was cause-y by lightning, is confined to the compris plant. Estimated loss at present iB about $500,000. f EXECUTIVES NOT 10 WAIT FOR WAGE REDUCTIONS; E FFECTIVE IN 10 DAVS Rail Chiefs Are Relying on Public for Effective Aid in Bringing About Cut in Labor and Other Transportation Costs; Want Rehearing on Hay and Grain Case. New York, Nov. 16.— An immediate reduction of 10 per cent in carload freight rates on farm products, for a period of six months was agreed upon Wednesday by executives of the railroads of the United States. . Announcing the decision, Thomas DeWitt Cuyler, president the Association of Railway Executives stated that any re auctions in such rates made since September 1, 1920, were to. be included in the 10 per Cent aild that it would be put into i effect without Waiting for a reduction in wages. The freight ' rate cut will apply throughout the entire country except on traffic moving wholly within New England. It expected that the j It was expected that the new rate<$> would be effective within 10 days, as the railroads, it was said, had asked the Interstate Commerce commission, through their general counsel, to au thorize the change on one day's notice. The reduction will cost the railroads about $05,000,000, it was estimated. Ask Help of Public Mr. Cuyler said the railroads were relying on the public for effective aid in bringing about the necessary re ductions in labor and other transpor tation costs and that they hop n d for labor's co-operation. Ile declared the railroads had taken the first step to relieve existing business depression and had given on earnest example of their fixed purpose to reduce rates and to relieve at the earliest prac ticable moment, so far as reasonably possible, the public's transportation burden. The executives passed a resolution to the effect that in the event of dis agreement between the railroad offi cials and their employes, in conference on wage reductions, the necesssary steps under the law would be to apply to the railroad labor board for quick action. Want Rehearing It also was decided by resolution to apply to the Interstate Commerce commission for a rehearing of the hay and grain case. A general inquiry is asked to ascertain whether "until 'a substantial reduction in operation and labor costs could be obtained, any fur ther rate reductions could lawfully be required, or with due regard to the transportation industry be made pos sible." The new rates are applicable to car loads of wheat, corn, oats, other grain, flour and meat, hay, straw and alfalfa, manufactured tobacco, cotton, cotton seed and products except cottonseed oil and cottonseed meal; citrus fruits, other fresh fruits, potatoes, other fresh vegetables; dried fruits aud vegetables, horses and mules, cattle and calves, sheep and goats, hogs, poultry, eggs, butter and cheese, and wool. CHECK-OFF FICHT .S. Charges and Counter Charges Hurled Back and Forth During Hearing. Chicago. Nov. 16.—The fight between the miners and operators of Mingo county. West Virginia, was carried into the United States circuit court of ap peals here Wednesday when charges and counter charges were hurled back and forth in the appeal hearing from the injunction suspending the check-off recently issued by Judge A. B. Ander son. in Indianapolis. Charges that theTlnited Mine Work ers of America had entered an agree ment in 180S with the mine operators of the central competitive field to de stroy competition in the field and of the West Virginia and other fields, were met with a charge that the West Vir ginia operators were trying to stir up trouble which would give them a great er market and higher prices. The court gave no indication of when it would render a decision. Meanwhile, Judge Anderson's injunction stand sus pended. Since his injunction was mere ly temporary, the whole case, which was built upon a bill filed by the Bor derland Coal corporation and (52 othn operators of Pike county, Ky., and Mingo county, W. Va., will later be ap pealed for permanent decision. DRESEL TO GERMANY Washington, Nov. 16.—Ellis Loring Dresel of Boston was nominated Wed nesday by President Harding to be charge d'affaires to Germany. Mr. Dresel has been American commis sioner to Germany und ij now in Berlin. — — Burch Is Insane Belief of Friend; Tells Weird Story Chicago, Nov. 16.—Charles S. McNett, of Evanston, a friend and former legal adviser of the family el Arthur C. Burch, held at Los Angeles for murder, Wednesday signed a deposition in support of the claim that Burch is insane, in which Mr. McNett says Burch told him a weird story in Febru ary, 1920, of an attempt by Mrs. Allie Quayle Burch to kill him. Mrs. Burch, the daughter of Bishop Quayle, recently obtained a divorce. Mr. McNetrs deposition says Burch claimed his wife had at tempted to murder him in bed and liad then talked with what she thought was his spirit in an effort to get his impressions of the future lifo. Mr. McNett's statement says he drew up a divorce bill on the strength or this story, at Burch's request, but after talking to Mrs. Burch, dismissed the matter as the product of a diseased brain. Mr. McNett said ho was con vinced that Burch was insane at the time he made the statement, and that nothing of tho sort had ever occurred. E Hope Expressed That Settle ment of Irish-Ulster Prob lem Will Be Made. Liverpool, Nov. 16. — (By The As sociated Press.)—A large number of unionist leaders, including Austen Chamberlain, government leader in the house of commons, arrived here Wed nesday .night to attend the confer ence of the conservative party Thurs day. Most of the leaders who have ar rived express themselves as being hopeful of achieving a settlement of the dispute between the two sections of the party over the Irish negotia tions, notwithstanding the apparently great differences, provided they are not compelled to make premature dis clown res regarding the progress of the negotiations. The unionist leaders are assuring the rank and file of the party that, they insist upon the complete security of the British empire and of Ulster. They appear to be more apprehensive of Intervention on the part of Andrew Konar Law and Lord Carson, prom inent conservative leaders, than of any possible agitation by the so-called "die hards." Another good sign, from th* govern ment point of view, is the action of Sir James Craig, the Ulster premier, in inducing his colleagues of the nor thern cabinet not to speak at tlie Ul ster demonstrations in Belfast Wed nesday night. At his request, it was decided to substitute some of the less er lights in the Ulster movement as speakers at the manifestations. Prime Minister Lloyd George will watch proceedings of the conference here from Bournemouth, a seaside re sort not. far from Southhampton, where he is taking a short holiday. DRYS HOIST ANOTHER BAR Washington, Nov. 16. —Another bar against fraudulent liquor withdrawals was put up Wednesday night by Pro hibition Commissioner Ilaynes. All state directors were instructed to ap prove no applications for withdrawal permits in the future that are not at regular government issue and to dis continue at once the practice of ac eepting f$Éns printed by private in dividuals. i vot f Thursday in the house, ' Spokesmen fur the HOUSE EXPECTS TAX ISSUE Insurgent Republicans and Democrats Out for Maximum Rate. Plan to Limit Debate to Two Hours; Other Features Agreed Upon Washington, Nov. 16.—The big issue in the tax revision bill—the senate amendment fixing the maximum surtax rate at 50 per cent—is to come to a insurgent" Re publlcans and J bc i>emocniti<? mmonty |«i>r ..«d end.», that they ,»u..l j muster the necessary votes to keep the i high rate in the bill. While making no ; predictions. Republican leaders gener ! ally were hopeful that ultimately there j would be a compromise as between tlie ; senate rate and the house rate of 32 per cent, probably around 40 per cent. Limit Debate Chairman Campbell of the rules com mittee said Wednesday night that the vote would be under fl rule limiting de bate to two hours and insuring a de cision on th ( . straight out issue of ac cepting the senate amendment. This was requested by the leaders of "in surgent" group, who said they did not want the issue confused with a motion first, to instruct the conferees to agree j on a maximum other than the 30 per j cent. Should the proposition to accept-the senate amendment be voted down, the house then could agre,. on a compro mise figure or permit the conferees to resume negotiations with the senate managers without further instructions. After the house has expressed itself on the surtax amendment the conferees will proceed to dispose of the other "high spots" in the bill. At their sessions Wednesday, the conferees agreed to senate amendments striking out original house provisions for the exemption from the income tax of income received by foreign traders | and foreign trade corporations from i sources outside the United States. j The managers also agreed on the ; senate amendments repealing the tax I on parcel post "packages and on bonds ; of indemnity and surety. Another sen- j ate amendment accepted provides that ! if corporations issue capital stock at i a value of less than $100 a share, the i tax shall be 1 cent on each $20 of the ! actual value or fraction thereof. Accept Other Features Other senate amendments accepted ! include those re-enacting provisions of the existing law imposing taxes at the present rates on: Capital stock of corporations, brok ers, proprietors of theaters, circuses, bowling alleys, billiard rooms, shoot ing galleries, riding academies, persons operating or renting passenger automo biles for hire, brewers, distillers and wholesale and retail liquor dealers. Manufacturers of tobacco, cigars and cigarettes. Dealers in narcotics. On the employment of child labor, and license levies on owners of yachts and other pleasure craft. The house managers also accepted the senate amendement striking -nit ! an orignial house provision which j would nave required a single return ! J from families in the eight western ami i southern states having laws recogniz ing the marital community and dividing ! the community property equally be j ! ! I I j I tween husband and wife. Agreement also was reached on the general administrative provisions of the bill. Arrival of Troops Stop Disorders . « I • D1 . I at racking a lantlnese Ottumwa, la., Nov. 16.—Military and civil authorities In charge of tho strike situation at the John Morrell Packing plant here late Wednesday announced that all at tempts at violence had apparently subsided, and that disturbances similar to those of Tuesday, when more than a dozen men were in jured, wero at an ond. Aside from one or two minor skirmishes during the morning, which wero quickly curbed by na tional guardsmen, the day was void of any demonstration on the part of striking packing house workers. Colonel Guy E. Brower, in com mand of the four companies of Iowa national guardsmen which ar rived here early Wednesday morn ing from Des Moines, and Adjutant General L. G. Lasher stated, how ever, that the guardsmen probably would be kept on duty here for several days more, at least. SAYS OPPONENTS FAILED Columbus, Kan., Nov. 16.-—Th rough the bars of his cell in the Cherokee county jail here Wednesday, Alexander Howat, deposed president of the Kan sas miners, characterized the efforts of the international union to obtain a {resumption of work as an utter failure. Of PROPOSALS; Mail Clerk Tells How He Captured Notorious Bandit Phoenix, Ariz., Nov. 16.—Roy Gardner, captured mail bandit, was bound over to the federal grand jury here late Wednesday and his bond fixed at $100,000. After the bond had been an nounced. Commissioner Henke asked Gardner if he thought he could make the amount. The pris oner answered: "Oh yes, sir. i can make it all right." The complaint charged him with attempting to rob the United Slates mails and with assaulting a United States mall clerk. The prisoner acted as his own attorney at the hearing and ques tioned all but one of the prosecu tion witnesses. He said he did not want to offer any evidence in his own behalf. Herman F. Inderlied of Phoenix, the mail clerk who was in charge pf the car and who captured Gard ner, was the first witness. About 10 minutes before the train was due to leave for Los An geles. he got out of his car to get the mail from a drop box at the station, leaving his revolver on the table, he testified. When he returned to the car, he said, he was confronted by a masked man who pointed a revol ver towards his head and ordered him to hold up his hands and to back into the corner. "I started backing but did not hold up my hands," he said. "All the time I was trying to convince the masked man that there was nothing of value In the mail in my car.. I don't know why I didn't hold up my hands." When he got into the corner, he said, the bandit ordered him to lie down on his stomach, and he start ed to do so. As he started to get Japan Wants Open Doors During the Discussion of Far Eastern Questions ! (By The As-I Xs innnv oublie «es as manj puoiu tions affecting particular states be left so far as possible to direct settlement between those states and that no ef forts be made to discuss the past in .connection with gene - al examination ! the situation in the Orient, j Japan stood ready it was insisted by ! J 1 "* 1 " spokesman, to admit her faults, but i the conference were to plunge into history, as to Japan or to other P _ow ! prs - feels j Washington. Nov. 10. ! sociated Press.) ! sioiiH as possible are desired I Japanese in the discussion of land far eastern questions, members of jthe Japanese delegation declared Wed I nesday. j They added that the Japanese would I welcome open discussions because they wanted the world to examine Japanese polieies in the Orient. It was intimated that Japan would like to adhere to her attitude voiced it. Tokio a few months ago. that ques If* , by t,ie Pacific it. would prove endless and probably stir up ill feeling. Such an examination, the Japanese pointed out., would logically include the condi tions under which <îrent Britain oc cupied Hong Kong ami Wei-IIei-Wei and France Indo-China, not to mention the sphere of influence of those coun tries in the Vangtse valley and Yununn province, respectively. Japan does not expect to raise the question of British occupancy of Chi territory and apparently does not expect that other countries will ques tion her right to the leased territory of South Manchuria which came to her as a result of the war with Russia. Her delegates appear to regard this lease of «) years as being in practice perpetual. Its renewal within a few years under the terms of the 1015 treaty with Hold Youth for Murder of Parents S'aginaw. Mich.. Nov. 16.—A war r ant. charging Richard Champlain, 2*2 years old. with the murder of his father and stepmother, Mr. and Mrs. Adrian Champlain, was ordered by Prosecuting Attorney ('fane, after a coroner's jury returned a verdict of homicide. The bodies of Champlain and! his wife were found in, their fire-swept farm home near Hemlock early Tuesday. Two counts will be brought against Champlain, the prosecutor announced. One, he said, would charge first de gree murder, and tho other murder with intent to rob, it being the con tention of officers who investigated the case that Champlain killed his parents to obtain possession of their estate, vt^ned at $100,000. down, he said, the bandit put his hand at the back of Inderlied's head and shoved him. Then, he said, he started to straighten up but only got high enough to see the gun held in the other's hand. "I made a grab for it and got his wrist," Inderlled testified. "Then we started scuffling and wrestling." Finally, he testified, the bandit changed the gun from his right hand to his left, and tried to club the clerk with it, but Inderlled caught that hand. At last, he said, both fell down and continued wrestling but finally he got on top of the bandit and got possession of the gun. About that time, he testi fied help arrived In response to his cads. In reply to questions asked by Gardner, Inderlied admitted that the bandit had numerous chances to shoot him both before and dur ing the scuffling. Inderlled said he kept the gun he took away from the bandit until he returned from hl« run Wednes day, when he tàrned it over te the officers. He identified five bul lets as these he had taken from the gun. Two of the bullets had wooden nose» and the two others had lead noses. J. E. Wilke, special agent of the department of justice, who fol lowed Inderlied en the stand, said Gardner told him that tho bullets were so arranged that in case he had to fire, the wooden nosed ones would go first. Gardner explained, according to Wilke, that the wood en nosed bullets contained small shot that probably would stop a man without killing him. Gardner was under two sen tences of 25 years each when he escaped from McNeil Island, 71 days ago. China, it is understood, will be insisted j upon by Japan, and any attempt to dis- j ^ , k .. tilling anese point out, has not even yet a j cepted the fiuancial consortium agree ! ment under which the powers were I jointly to loan money to the republic, j Japan, it was said, could not make | disposed to enforce guarantees on Chi posed To" the jdëà of an in 1 - I U .' " 1,U «"J «IV".'- «V» « » o ! possess her would be regarded bv Jap i anese as an attack on their rights. It was also intimated that the Jap-!<»»>' anese are opposed to the itlea of an in ternational control of China, contending it would be a violation of the sovercigu ty of that country. China, the Jap loans withont guarantees, and was not na. This matter is believed to be closely connected with the tliowgftt of the powers ceasing all their national rivalry in China and «f acting in con cert on all matters touching that conn try. The Chinese, the Japanese say, should be aided in bringing about a reform of the customs tariff and a unification of the currency system. Japanese say they are willing to work for a real open door in China, which would include all parts of that country, even Tientsin and Mongolia, as well as Manchuria, in «<iich Japan considers she has special interest. It appeurs desirable to the Japanese to fix some plan which wuold avoid con flict of interests, especially with the T'nited States, at the same time insur ing the territorial integrity and inter nal development of China. This may mean, in the opinion of responsible Japanese, a written understanding, al though not an alliance between the T'nited States, Great Britain and Japan, concerning the Far Fast as a substi tute for the Anglo-Japanese statesmen that the United States government will not be adverse to such a practical out come of the present conference. British to Retire 80 Naval Captains London. Nov. 16.— (By The Asso ciated Press.)—-In connection with its policy of retirement in administrative expenditures, the British admiralty has resolved to retire on pensions 80 naval captains and 200 commanders early .next year, according to the Evening News. These retirements would not involve taking more ships out of commission, it was said, and if the AN ashiiigton conference agrees on the American naval restriction pro gram, further reductions in the admir alty s personnel are contemplated. IRISH ATTORNEY RESIGNS London, Nov. 16.—Thomas Watters Brown, attorney general for Ireland, Authorised the announcement We«|ne}t* day night that he h&d resigned. Dr. Koo Outlines Views on Open Door Policy and Treaty Rights. Discussions Will Be Continued; Admirals Committee Is Busy. Washington, Nov. 16.—(By The Associated Press.)—The Washington conference Wed nesday turned to consideration of Far Eastern questions. It was the Chinese delegates who led the way this time. In the committee of nine, at which all nations participating were rep resented, they produced a basis f or discussion which represents their view. rp, ' ji __ <; j.v. The open S\ mpathj of i-he United States with their posi tion was at once manifest. The t , ... , . j . British Supported It in many respects. The positions of the nthpr<4 -w-prp unt <?n plparlv H p otners -were not so Clearly ae fined, although members of the Japanese delegation have given expression of approval, in part at least, of "bill of rights. China's t „ „ * . e j foi j territorial integrity and political and administrative independence: .she pro poses the open door for ail in a!! parts j of the country: she wants all spheres ! of influence relinquished: she wants . no treaties made affecting her without ! being consulted about them. The full extent of China's position is ■ much broader than this, but these are essential. The last feature mav be ! construed as affecting the Anglo-Jap- ; anese alliance, although the British 1 take the opposite view 1 Thina Pra^nt« Vinwc China Presents Views ™ ednesday s session of the Big Nine was occupied entirely with the present ation of ( -hina 8 views. Immediately I afterward it became known that they j commanded the moral support of the j I nited Mates. The British viewpoints were made known a little later. The ; Japanese did not state, their action, but j ' nporirtiis nr/uioiini'PînaTitc hr er» mu a f ! (fairs will be continued at another meet- } tomorrow. Meanwhile, the commit-! previous pronouncements by some of ! their representatives have put t hem in j pine^with some parts of China's pro- ' i Tho' discussion of Far Eastern af- i ; j tinning its examination ôf the Ameri- j — — 1 * » i , . n, £ tomorrow. Meanwhile, the commit- i M, pe . of admirals appointed at rester-;;. s meeting of the big five is con j tinning its examination of the Ameri ran proposals for naval limitation. -'s analyzed by some, the policies proposed by the ( hinese delegation ; _ ^ might not only do away with the ex- j i sting "spheres of influence in the Far : Fast" and put an end to extru-terri torial rights within the Chinese re- i public, but might also erect a barrier i against renewal of the Anglo-Japanese ' alliance unless China were given an J opportunity of becoming a party to it. j The British do not take this view. ; Reserve Judgment i Responsible officials of all the dele- , gations reserve judgment regarding j the effects of the Chinese plan, pre- ! ferriitg to scrutinize it with greatest care. The possible influence on the Anglo Japanese alliance aroused liveliest in That portion of the Chinese state- j ment to which the Japanese appeared i to attach greatest importance as af- I f ecting their individual national inter- ! ests wns the section proposing that all j existing commitments relating to China ; should be "examined with a view to ! terest in the discussions of the dele gates generally and every nation rep resented found much food for thought when its special interests were consid- j' ered in connection with the proposal. determining their scope and validity.' In the opinion of many of these con nected with the conference this pro vision of the Chinese plan would throw open to review by the armament con ference a long list of covenants. Some thought it likely that the Anglo-Jap anese alliance might also fall under the classification of this sectio« of the ( hinese proposal, although the section regarded as affecting it more j directly is that by which the powers would "agree not to conclude be- ! tween thetueslves any treaty or agree- I ment directly affecting China or the I general peace of these regions with out previously notifying China and ' giving her an opportunity to partici-j pate." • In less than a year the alliance will ! expire by limitation unless renewed. ! Want Pqggpbal Freedom ! In the view èf the Chinese, the ! greatest importance of the plan would | fie in the complete political «and e ,. 0 . nomie emancipation they believe it ■ would accomplish. They place spe- j eial stress on the provision that "ex- ! isting limitations on China's political, ! jurisdiction and administrative free- i iloni of action., are to be terminated as j soon as possible, declaring actual ex- | een tion of inch a policy would mean " alien- |«s r not oi oration STILL HELD IIP ir COURT Judge Carroll Wants to Be Sure of Integrity of W. Garneill Votes. Stamford Counsel Says Absent Voters Law Is Not All Mandatory. Special to The Tribune. Stanford, Nov. 10.—Close of the third day of the hearing of the Hobson Stanford county seat contest failed to bring with it a determination of either of the big questions which have en gaged counsel in lengthy arguments each of the three days—constitutional ity of the absent voters' law and the admissability of the West Garneill bal lots as evidence. The constitutional question was taken up at the convening of court Tuesday afternoon, when it ./was raised in connection with the examining of Alex C. Connor of Kolin, a witness for the plaintiff, by whom it will be sought to show that the legal requirements as to applications and affidavits upon his absent voters' ballot had not beeh com j phed with. i Judge Sanner, for the defense, argued at length in support of that law and f presented a Wyoming decision which delved deeply into details bearing upon j * his m&tte F- ü * en np Mon : tana decisions to show that none of j the.law's requirements are mandatory. but are directly in their , principles and ,held 11181 nothil *g in the law «U* effect !the disfranchisement of the voter re gardiess of any technical errors on the part of election officials in the ac ceptance and transmission of the ba) lot, provi &ng the voter is a qualified elector. ,« Judge Rasch, arguing for the plain 'iff- held that the law's requirements relative to application* and affidavits ♦ k «* ;# E r S thî ° ballots must be re J In order to permit of the examination of a witness whose official duties re quired his presence in Lewistown, the argument of this phase was suspended temporarily before a ruling was reached. Hobson Claims 29 Majority ' * , „ „ . _ . 1 T "° ballots of the West Garneill pre j einet, from which no returns were mad® ! on rhe ( . ounty seat election but where. it is alleged by the plaintiff, Hobson received 34 and Stanford 5 votes, were I again brought into court, but remained j undisturbed in their pouch up to the j time o{ adjournment. W . W. Wheaton, county clerk and recorder 0 f Fergus countv up to Jan. j 3 1021 was cal f ed t testify as to the ... ... . * ! integrity of th^ ballots and returns of } looked and some merely tied tin ?^ e m * reiy . uea j th eie ,. tion of •> jqon H p te«H ' ^^aTthe ïaHots ^retorns^l i carno to l lim in c ? nvas P° ucbe » ^ in some instances, m gram sacks, some * - - " He ; said they had been in his possession from the time they were delivered by j ^e election officials until he relin quished office to his successor, tfyat I i ' . . *'- x ; ( ' asps 1 ere kept in a pile on top of filing in the vault in his office, which j ro, " n also wa s used as a work room : alu ' was kept locked after office houra. the combination to the vault door being i in the possession of himself and tw*» i deputies. He testified that no returns ' on the county seat question had beeu J returned or canvassed as from West j Garneill precinct. ; Court Wants Iron-clad Proof i Lotus j. Lehman, present clerk and , recorder of .Fergus county, was re j called by the state and asked to pro ! duce the ballots and return« fmm duce the ballots and returns from West Garneill precinct. He brought the pouch into court, but was prevented from opening it when the court stated he was not satisfied that complete showing had been made as to the in tegrity of the ballots. The court also asked for an abstract of the election returns on the county seat question. 'Î - was then promised would be 0 !? me , from Lewistown. . • *' e hman testified that the elec f', ou Pouches had been turned over to " ,ln - v " r - Wheaton and that, as far as ' ,e knew, they had never been mo tested or opened with the exception of a'couple of pouches which he had opened to obtain check books. He said he had found the bulk of the poll and tally books and official registers in another place in the office and that he had received so many requests for information from them in connection with the creation of Banner county, that he had caused them to be bound lin leather in two volumes. n.f r . ii .». Thousands Get Near Ballets As to the possibility of persons other than himself getting to the poucbea containing the ballots, he said that the vault had been open virtually all the time, as a large force of county record transcribers had been at work in his office from early in January until late in April, engaged in shifts at all hours of the day and night, that he had a large force of deputies and all told there were at « w, ' r and about the vault and other rooms of his office He testified that the public was admitted to the vault and he supposed that with the working forces^ and the public the room might have visited by thousands or per sons. However, he testified, he bad instructed his deputies to permit no «ne: to examine the election returns or bal lots unless in tûs presence and, as far |«s he knew, thnr had never been mo lested. } ■ * ' ' "