The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-02-03
NO JURlsDICTIoN.

A short time ago, IL will be remembered, 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, there
fore, preparations were made on the part of
the city officials to obey the order of Judge
Galbraith by appearing in Deer Lodge
on the day specified and to defend their
action to the best of their ability.
To this end a special meeting of the Council
was held, at which it was decided to engage
additional counsel and to repair TO the county
seat as ordered. Accordingly, OF Tuesday five
representatives of the city government APP
peared before Judge Galbraith, with
their counsel fully prepared to sustain
the cause of the city officials IN the
case named. Counsel for Mr.. Trow-
bridge was likewise present to argue
the matter on behalf of that gentleman.
and it was confidently expected that the case
would be tried. 1t appears, however, that the
attorneys of both plaintiff and defendants,
upon consideration, had mutually agreed that
his Honor had no jurisdiction in the mat
ter outside OF the regular court term, and that
the gentlemen so stated their opinion to
Judge Galbraith, who, it seems, finally COLI
cluded to take their view of the case, and
accordingly acknowledged that he had no jur-
isdiction in the matter.
The expenses of the city government for
this t~ruitless journey will approximate two
hundred dollars, not to mention the loss of
valuable time to six of our principal business
men. The question is therefore pertinent,
why Hid Judge Galbraith cite a body of men
to appear before him at a time when he
should be aware he could exercise no juris-
diction in the case. He certainly knew
that the our eXchequer at present is not
in a very tlourishins condition, and that
the city government can i'll afford to incuI an
expense of two hundred dollars on a Wild
goose chase for Il decision which his Honor
had no power TO grant. 1t nay he considered
unjust to charge JauS2 Gaibraith with grant
ing an important writ without considerations,
and it is perhaps unkind 20 assert that had
his knowledge of the law been more coin
pletc, he would have had a more perfect com
prchension of the scope of his jurisdiction
but what is the natural conclusion when Il
Judge s'.bjects a community to an expense of
two hundred dollars by citing its representa-
tiyes to appear before him at a period when he
possesses no legal power to act in the prem
Uses?
But this is 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 consideration. On
Tuesday he gave a decision in a mining case,
making permanent a writ of injunction
which previously had been but temporary.
Yesterday, so we are Informed, this decision
was recalled, and the matter was again taken
under advisement. 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
the city officials, some ground is given for the
supposition that his Honor would be better
entitled to the confidence of all classes of liti-
giants, were he to exercise a triae more care
III conducting his official business.