The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-02-06
No Jurisdiction.
Bate Miner, January 29th.

| A short time ago, it will be remem bered,
| in the Trowbridge case an alternative writ
of prohibition against the city government
of Butte was granted by Judge Galbraith,
and the municipal authorities were cited to
appear at Deer Lodge before his Honor to
show cause why the writ should not be
| made permanent. In accordance with the
| Courts decree, therefore, prepal ations were
made on the part of the city officials to
obey the order of Judge Galbraith by ap-
| pearing in Deer Lodge on the day specified
| and defend their action to the best of their
ability. To this end a special me, ting of
the Council was held, at which it was deci-
cided to engage additional counsel and to
repair to the county seat as ordered. Ac
cordingly on Tuesday five representatives
of the city government appeared before
Judge Galbraith, with their counsel fully
prenared to sustain the cause of the city
officials in the case named. Counsel for
Mr.. Trcwbridgs was likewise present to
argue the matter on behalf Of that gentle
man, and it was confidently expected that
the case would be tried. 1t appears. how
ever, that the attorneys of both plaintiff
and defendants, upon consideration, had
mutually agreed that his Honor had no ia-
risdiction in the matter outside Of the reg
uIar court term, and that the gentlemen 80
stated their opinion to Judge Galbraith,
who, it 81 ems, finally concluded to take
their view Of their case, and accordingly
acknowledged that he had no jurisdiction
in the matt r.
The expenses of the city government for
this fruitless journey will approximate 5000,
not TO me ntiou tho loss of valuable time to
six of our principal men. The question is
therefore pertinent: Why did Judge Gal
braith cite body of men to appear before
him at time when he should be aware he
could exc rcise no Jurisdiction in the case ?
He certainly knew that eur exchequer at
present is not In very feurishing condi-
ton. and hat the city government can i'll
afford to incur an expense Of 5000 on a
wild goose ch ase for decision which his
Honor had no power TO grant. 1t may be
considered un Just to charge Judge Gal
braith with granting an important writ
without consider alton, and it is perhaps
unkind to assert that had his knowledge OF
the law been more complete he would have
had a more perfect comprehension OF the
scope of his jurisdiction but what is the
natural conclusion when a Judge subjects
q community to an expense of $500 by ci-
ting its representatives to appear before
him at period when be possesses no legal
power to act in the premises?
But this il not the only case which, in
the opinion Of some, goes to prove that his
Honor, who, we concede, is a lawyer of
high ability, occasionally acts without con-
alteration. On Tuesday he gave a decision
In a mining case, making permanent a
writ of injunction which had previously
been but temporary. Yesterday, so we are
informed, this decision was recall ], and
the matter was again taken under advise
ment The Judge may have had abundant
reasons to justify this action, but coupled
with the facts relative to the granting of
the alternative writ of prohibition against
| he city officials, some ground is given for
tlse supposition that his Honor would be
b. ,tter entitled to the confidence OF all
81 asses of litigants were he to exercise
r. life more care in conducting his official
bt isiness-