The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-02-06


there were error to recall the order. The
statement OF an attorney 10 y Judge rcourt
on matters pending is always cmsideren To
have the sanctity OF An oath and Mr.. Sapton
undoubtedly thought his statement TO the
Judge was correct; however, it proved to
be erroneous. After o'cD, ,k Mr., Robin
son appeared and informed the Judge that
Mr.. Napton had been mistaken as to the
hour, as appeared by the order in his pos
session, and desired the action of the Judge
annulled. The Judge did not annul the
order but referred Mr.. Robinson to Mr..
Napton, who made the stat ,ment on which
the action wa procur i. The next moro
ing Mr.. Robin on appeared and stated that
be and Mr.. Napton had mutually agreed to
consider that the action Of the Judge had
not been hs aud to proceed with the hear
ing, which was accordingly done. OF course,
all attor reys know that the Judge might
have annull' d the order under the circum-
stances, and have done SO properly enough,
aud that the error was not that of the Judge
at all.
The ioiust,ce done Judge Gaibraith, and
evil worked TO the public by such misstate-
ments, are SO evident that We have deemed
it duty to correct them. To notice to il at
all was against the wishes of Judge Gal
braith and we recognized the improperly Of
having the correction made by any attorney
practicing in this district. We have there
fore ascertain as nearly as we could the
exact facts and stated them a. clearly as
our ignorance Of law will permit. ehave
exercised our judgment aud privilege as a
jour nalist that the truth may be known and
that this pernicious clubbing at the acts of
judicial officers, which has latterly c,ept
into the Montana press, may cease. Judges
and courts are not infallible. If they we're
there would be no occasion for superior
courts, which also often err. We recollect
but few days ago noticing where the Su-
preme Court of California, one of the ablest
in the Nation, reversed ore Of its own dscis-
ions in an injunction case after lapse of
several months, statiog that after an exam
inatioI of the case 1t was satisfied it had
exceeded its Jurisdiction and had DO au-
thority to issue, The remedy for errors in
court is by APP Hand the duty Of e 4 cit.
liens 10 to abide by the decisions Of judicial
tribunals. The press should be slow to
cavil at their action and then only upon ir-
REPUTABLE facts and intelligent, comprehen-
n, va r. ulaJra of hg. - Nnxy
10 this case, Judge Galbraith came here
unacquainted with the laws and practice of
Montana, entered imm diately upon the
three most important terms ever held in
the district, labored necessarily, many times
working the greater portion of, or all, the
night, disposed Of an enormous amount of
business and has never even had an appeal
taken from his court. To doubt his ability
is therefore dispsragement Of the bar of
this district that includes legal talent of
high order, and no man doubts his integri-
ty. And yet in cases where the law was Of
doubtful Interpretation, where no objection
had been interpo by attorneys when it
was set, where an order wa made to &C.
commodate the litigants, and where the
Judge instead of obstinately persisting in
determining the case when the attoi ntys
thought it best not to risk tae possibility Of
non-jurisdiction and set it for the earliest
time that difficulty might be avoided, is as
sailed with truculent abuse and that abuse
clinched with a falsebood. We enter our
protest against the act and the course, and
trust our friends of tue Miner will not per-
NIT repetition Of that which is so mani
ton in fact.