The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-04-20
THE CUSTER aIUpDLE.

The Custer County troubles which have
been discussed with some heat, and acted
upon with rnofe vigor than Is usual In such
cases, are now coming under cooler Judicial
scan and determination. IL was alleged on
reputable authority rs 3 notorious fact, that
certain parties acting as Commissioners of
that county were robbing and bankrupiing
il; further, that general lack Of confidence
existed In there being any suppression OF
these robbers or redress for their robberies
under the courts rs then existing. This was
In plain words the statement made TO the
Governor Of Montana by reputable citizens,
and be communicated the same to the Legis-
lature, asking Its in'erpesition 10 choke of
these assumed Commissioners and put the
government Of Custer County squarely on its
feet again. The Legislature investigated.
believed and enacted tsw legislating Hub
bell, Briggs and Robertson out of office, APP
pointing temporary board and providing
for a special election 10 regularly eject Com
missioners. The temporary board had some
difficulty In getting possession of the CouHty
Records, etc, but finally did so, and on last
Tuesday the new boarti was elected. In the
meantime Judge Cenger was suspended and
the Supreme Court placed Custer County In
Judge Wafe's district and he Is now holding
q term of Court there. The nismanage-
ment Of County affairs has been stopped; the
old board has been bounced, and the outlook
Is better for Custer County.
But, the end Is not yet. Hubbell, Briggs
a. Co. asserted they could only be ous:ed by
due process of law, ard that If any citizen
Of ,uster County : iieved they were guilty
of malfeasance tn "rice, his recourse was in
the Courts and EI1inst their bOndsmen.
CousciIman Cox asserted this proposition
with much vigor III The Legislature. As an
abstract proposition 1t was entitled 10 consid-
Grafton, but In the complex and critical con.
dition Of affairs existing in Custer County,
the Legislature thought II best to extirpate
the Hubbell ring in the speediest manner
possible, and let the Courts wrestle with
the legal conundrums al their leisure. Hub
bell, Briggs Co. propose to contest, and If
we mistake not before their expulsion issued
scrip To the amount of some thousands of
dollars TO retain and fee eminent attorneys
to defend their claim to the Commissioner
ship.
We believe the impression prevails with
many "learned in the law, that technically
the Legislature exceeded the power vested In
It In dispossesaing these dc tacto Commits
sioners Of their Offices without due process
Of law, and legis lating men into their off,
ces. Under the laws of Montana the cleo.
tors of Custer County had voted for Com
mlssioners to- serve a certain specified term.
Briggs d Co, counted themselves
In, but when the Legislature by act counted
them out again and put new men IN tempo
rarily, L. Is s!ated the candidates who had
been counted out by Hubbell, Briggs & Co.
had a contest pending In due form TO obtain
possession Of the offices, and their rights I'M
der the law were also ''legislatcd out" by the
act referred to. This state Of affairs is what
the interesting situation known
as the "Custer County Middle"
We will hear and read some very learned
on this question. The attorneys
of Hubbeli, Briggs e. Co., who are no doubt
well paid, will take very exalted grounds
the constitutional rights of citi.
zens, and we will be informed our liberties
are slipping from under our feet and the
dIr.ct tvropuv nc rh. ngir,y ma inc. h.carsn
Hubbell & Co. were taken up with round
turn before they finally gobbled up the last
penny that could be gotten out of the Gus.
ter County Golfers. But there isn't any ty-
ranny threatening. The country Is safe, even
If the Legislature did strain n point to
squelch the Custer County ring. Hubbell's
lawyers will say that a man must be proven
guilty by due process Of Law, before yon eau
treat him as Hnbbell & Go. have
been treated. If q burglar enters your house,
or horse thief your stable, must you take
him before Justice OF the Peace before you
begin shooting? Not much. lie Is caught
In the act; aud so were Hubbell d Co. IL
possibly may turn ont that Hubbell and
Briggs were not citizens OF Montana, ir
which case they should excuse the Legisla.
ture for appointing couple Of gentlemen
Acting Commissioners WHO were, until a
board could be elected; as, although 1t is
to appoint Federal officials from
the United States to Office In Montana, II is
deemed best that county officers should be
residents Of the Territory.
1t Is presumed Judge Wade is now dispos-
Ing of criminal cases on the Custer County
calender, and when those are disposed Of the
issue at law, referred to above, and mt i'm
probably action against the deposed board,
will likely GENE up. Whatever the result, II
is safe to predict The Hubbell ring will moi sit
as Commissioners Of Custer County again.