The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1881-04-22
INJUNCTION REFUSED.

new county of Silver Bow was rendered b,
Judge Galbraitl by his refusing the injunc
ton prayed. The authorities cited by thu
attorneys on either side are entirely too vol
luminous for reproduction. As we under
stand il, the decision Of Judge Galbraith wa
based on the following points LIST, That The
act creating Silver Bow county as signed b,
the Speaker of the House and President o
the Council, approved by the Governor ant
certified by the Secretary is law, by reason
of having gone through the ordinary process
by which laws are enacted for the govern
ment of this Territory; and the proceeding
of the Council as certified to by the Secretary
was an evidence oftheir intention to pass the
law. I'd, As to the right Of the Legislature
to appoint officers IL was held that such ap
pointing of officers for the purpose Of rightly
starting the machinery Of new county Is
not violation Of the spirit of the Organic
Act or usurpation Of the right belonging 10
others. Sd, Injunction is not the proper way
TO contest the law if such contest be deemed
necessary and right. There is a remedy pro,
vided by law governing such cases, and in
this manner alone should proceedings be in
| stituted.
Such in brief are the rulings Of the Court
As they will determine the matter so far as q
contest OF the Silver Bow bill is concerned
unless an appeal is taken to the Supreme
Cout,w here propose to define our position
as mentioned last week. We said then the ap.
pointing Of Commissioners by the Legisla.
ture was in violation of the Organic Act. We
still say so. The act for the government OF
Montana Territory TO which its laws must
conform was enacted by the Congress of the
United States. 1t is the constitution of Mon.
tana Territory. Section seven Of the Organic
Act reads
SEC. :. and be Il furthcr cn0ctcd, That
all township, district and county officers not
herein otherwise provided for shall be APP
pointed or elected as the case may be, in such
manner as shall be provided by the Legrsla-
tive Assembly of the Territory of Montana.
with the advice and consent of the Legisla-
tive Council, appoint all officers not herein
otherwise provided for.
III Su'H HhItIuf tS Stutt Ut pTOtfutH ny tHt
Governor and Legi%ldtirc 1%&cnJIy ofhe Ter
rhOry Of Montana simply refers 70 the election
orappointing laws cnactedby the Legislature
and approved by thcGovernor. Were the first
Commissioners of Silver Bow county made
officers in this manner? Again " The Cor
ernOr ShdH nominate and by and ,CiM tie
consent Of tie Legislative Council, appoint
all cfccrS not herein othcr~i%" prorided. tor. -
Governor Potts did not appoint Messrs. Eos
ter, Jack and Clark as Commissioners of Sill
yer Bow county. On the contrary, the names
of these gentlemen appeared IN the first pub
lished copy Of House Bill No. 6, section 5
of which provides " that Lee W. Foster, VIM.
NJ. Jack and J. Il. Clark are hereby appoint
ed Commissioners of Silver Bow county with
like powers and duties as by law are confer
red upon County Commissioners in other
counties Of this Territory" The Organic
Act distinctly states that the Governor shall
nominate and by and with the advice and
consent Of the Legislative Council appoint
all officers. Yet in this instance the Legis-
This is our defense of the assertion made
last week and it is not difficult to see where
in the appointing of the Commissioners is In
conflict with the Organic Act. We did not
mention the fact through enmity to Silver
Bow county. We heard this spoken of as
one of the arguments to be used by the coun-
sci and gave it publicity, having at that time
the authority which is now given as a reason
for our belief. We do not believe there are
dozen men in this town or in this county
who desire that the law which made Silver
Bow county and gave them the right to elect
officers should be changed. The harping at
the people of Deer Lodge by the Butte papers
evidences a spirit of pusllanimity which
would do credit to men other than those who
are supposed to reflect public sentiment.
The division bill would never have become
a law if it had not been for the people of
Deer Lodge. We have talked with leading
citizens of Butte who realize this and whose
views and feelings toward the people of this
county are entirely different from those APP
pearing in print.
1t is well that the question has been de-
termined, aud if appealed or suit again nsti-
tuted, we trust TO see the new county victo-
riOus. But the question, while causing no
small amount Of uneaslness to the people of
Butte, is one that should have been decided.
Terms of court have been established for that
county. Questions involving the title to
property are already on the docket
and it is safe to assert that other suits will be
instituted. Owners Of property do not wish
a case tried in court without local jurisdic-
lion, and the determining of this matter final
y, although causing temporary annoyance
and creating feeling which should never
have existed, will be benefit and work to
he interests of those who care for the well.
ARE of Silver Bow county.