The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-02-06
JURISDICTION.
"Now mark how plain tale shall put you down"

Gle from the Miner entitled "No Jurisdic-
ton" The article is ungenerous, unjust,
malevolent and false. The allegations are
that 10 the case wherein an alternative writ
OF prohibition was granted Cbas. Trow-
bridge against the city government of Butte,
the hearing TO show cause why the writ
should not be made permanent was set at
Chambers January 9th /; that ON said day
Mr. Trowbridge, five city officers OF Butte,
with Mr.. DeWolfe, counsel for Trowbridge,
and Judge Spratt, Of Spratt g. Stapleton, as
ecu 'sel for the city, appeared hele that on
motion OF Judge Spratt alleging lack Of ju-
risdiction at Chambers, to which Mr.. De-
Wolfe assented Judge Galbraith passed the
hearing until the April term of court. These
allegations are true. The deduction dawn
by the Miner is that the Judge did not give
the que ssion sufficient 60 isideI alton when
be set the hearing at Chambers, and that
the $500 expense and the loss Of time in
CURED by city uiticels vi Butte in being
present was a necessary aud burthensome
expense upon them and the city exchequer
of Butte. The deduction Is untrue. The
facts are On Friday, the I'd day of Jauua-
ry, Nc. DeWolfe on behalf Of Trowbridge,
made application for the writ, the same be-
ing to relieve him from paying certain
taxes or liens, impos' by the city OF
Butte. Supreme Court term coDyening in
Helena on January 9Th, court had necessari-
ly to be adjourned here on the 3D.. The
last two days Of a term ale, we aie inform
ed, the busiest period for judge, and this
was the most important term ever held in
Galbl aith gave this case such considera-
tim as was possible ; but 1t Is not fair to
presume 1t was considered to the exclusion
Of all other busine s. TO bring the matter
to Ii sue as soon as possible after the Su'
preme Court term he set the hearing for
January 9th at Chambers. When the
time was fixed, Mr.. DeWolfe, the accom-
plsh counsel for Me-. Trowbridge, ex-
pressed his opinion the case could be heard
at Chambers. The attention of Messrs.
Spratt & Stapleton. two of the oldest and
best attorneys Of the Territory, who we're
present, and retained as counsel for the city
of Butte, was called to 1t and they made no
objection to the case being SO set. Thus
Mr.. DeWolfe held the cause could be heard
at Chambers and Messrs. Spratt & Staple
ton, who as counsel for the city were most
interested In the adjudication, made no OBJ
lection. When the case came up in Cham
bers on the eth. Judge Spratt raised the
point that the Judge at Oh smbers did not
have Jurisdiction, that the peculiar
phraseology Of the law required it should be
heard by "the Court" requiring the pres
ence of ths Clerk and Sheriff at term. Mr..
DeWolfe admitted chat under the law the
point was we'll taken, and the matter virtu-
ally resolved itself into an agreement by the
attorneys to continue the cause uutil ;he
regular April term. We are told the error,
II error exist, is undoubtedly that of the
Legislature in framing the law wherein
there is an ambiguity of expr sion, aid
that the point has never been judicially
determin' 4. The law was enact d in 1877,
there never b. = been an application un der
it until now, and the Judge held in this case
1t were better to hear the cause at term
that the delay of Supreme Court action on
this point might ba avoid 1. Judge Gal
braith then, instead of obstisately per-
sistiog In having the be ring at the time
and throwing the ca Q Into the Supreme
Court, acceded to the wishes of the
attorneys and LIT it 60 to the April term
of ccurt prefaclog his action with
the remark, elf the view of the att)r-
neys Is correct" etc. Now we have
shown the circumstances under which this
hearing was ordered, the presence Of the
attorneys AID their action. Judge Gal
braith desired TO AZ comm late the litigants
by an early hearing of the r eau. b; the
time aud occasion set VIZ evid ,ntly salts
factory and DO point of law or objection was
made at the time. When the question of
jurisdiction ut Chambers we' raised, still
desiring 10 accomm odate the parties with
an early adjudication, he permitted the
cause to 60 over until the April term rather
than defer it until the Supreme Court term
In August even II his jurisdiction should be
sustained. 1t will therefore be seen that
instead Of lack Of consideration " he
was eminently cons'derate and doing the
best that could be done for the litigants.
Under no circumstanc- could an earlier
hearing thao Ia April have been had ex-
cept at Chambers, aud by continuing from
Chambers unit! April the poine Of juris-
diction wes shut out.
Now rs to the expenses Trowbridge
and the city both had attorneys retained.
The expense would be the same Ii tri, at
Chambers or In court. II either attorney
designed raising the point Of jurisdiction
and had notified the Other, as we believe is
generally done, the case could have been
disposed Of by communicating by letter at
an expense not exceeding six cents. So far
as the presence Of five city officers is coz
cerned, except "a a matter of p: rsonal de-
sire, none Of them had any earthly bust
ness to be present. They not required to
appear, it is merely for the determination
Of q question OF law, and the loss of time
from their business and the expenditure of
$500 Of city money were italy unpec e ,sa-
ry. Their absence or presence at the hear
ing is entirely iuconsequential 10 the deter
minatisn OF the cause. Every dollar OF ex.
pense incurred has the 'efore been unneces-
sary, and every action has been with view
to accommodate Batte with the adjudica-
ton Of this issue at the earliest possible
day. The attack on Judge Galbraith in
this matter has therefore been uncalIed for,
unjust and fragrant oltrage and Is evident
" inspired BY some ono with grievance
not alleged.
But the Miner again. to clinch the ahova