The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-04-25

. wADE's DECISION.

OOA<1S w ALL OA0
Judge Wade has rendered a decis
ion in the quo warrdnto case il
which Mr.. Robertson, mi Of the OK
board of Custer county commissioner
was plaintiff, and the new boart
created by legislative enactment de
PENDANT. A Miles City correspon
dent of the Billings Herald in a com
munication to that journal undes
date of the 18th inst, speaks of thu
trial and decision as follows:
Cali the forenoon Judge Chumase
70, council for the old board of coun'
ty commissioners, occupied the at
tention of the court in the argumen1
of the quo wdsvdnt0 al against the
present board. In the afternoon his
argument was resumed and conclud
ed about 2 p. m. Equipped with an
exhaustive array of authorities. his
arguments were detailed and
elaborate, and showed deep learning
and patient research in the field OF
constitutional law. Hewas followed
by G. G. Cox and w. A. Burleigh,
also for Robertson. The defense was
closed by Col. w. F. Sanders, in an
argument which occupied three
hours, and which betrayed the learn
ing and e~loquence for which he is
justly celebrated. His logic was
terse and decisive, and as a rule he
abstained from everything but the
legal aspect of the controversy.
Yet occasionally he referred to the
condition of affairs in Custer county,
calling for the act of the legislature,
the validity of which he was support
ing. In these references to the cor
rupt administration he became very
eloquent.
The case was decided this after
noon by Judge Wade in a judgment
which declared the act of the legisla-
ture valid, and sustained the new
board of commissioners"
This decision by Judge Wade was
not unexpected as his telegram to
Messrs. Bryan, Van Gaskin and
Miles prepared the public mind for
its reception. It is extremely doubt
full whether his decision would be
sustained before a full bench of the
supreme court of the Territory. But
should the decision stand, it revolu-
tionizes the tenureof Office in this Ter
ritory. It establishes the fact that a
man holds a county office at the will
of the Legislature, and not by the
will Of the people. The latter may
elect an officer, but the former may
dispossess him of his property in that
Office and legislate another in his
place. This is what Judge Wade's
decision amounts to. For instance,
a few men may be displeased
with the conduct of q certain officer
it matters not whether he be the
sheriff, treasurer, recorder, commits
sioner or any other county officer
and unite in a request to the Govern
OF and legislature for his removal.
1t is only necessary that &c parte tes-
timony be heard. The accused will
not be called upon for his defense.
A bill is drawn, the ayes and noes
called, the Governors signature OBJ
tanned and the thing is done. The
will of the people is ignored and a
creature Of the legislative and execu-
tive departments of the Territorial
Government is invested with powers
and duties shorn from another. This
is the meaning of Judge Wade's de-
cision. "A precedent has been estab-
lished by it that is full of danger-one
which will yet turn to plague those
who have set it.
Now II word in regard to the po-
,ition of the MINER upon this matter.
It admits the old Board of Custer
Commissioners may have
)een corrupt, that it may have COM
nitted frauds upon the people and
~ its acts had forfeited their conf
lence. We say this may be admit
ed, although we have seen no proof
If the charge. But %conceding its
ruthfulness, the MINER contends
low as it did at the outset that the
Courts vel the proper channels
through which the people should
lave sought redress. But says one,
he old Judge of that judicial district
s in full sympathy with the old
and the people could expect
10 relief from him. This is another
which remains to be substan-
lated. Judge Conger has presided
n that district several years and his
integrity as a man Or as a Judge has
lever before been questioned and the
barge coming, as it does. at this late
lay is Invested of the quality of sim
However, let this be as it
nay, we hold that, Notwithstanding
his decision of Judge Wade to the
ontrary, the legislative assembly
Exceeded its powers in its interfer-
nee in the Custer county matter.