St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-10-30
FIRM AS GIBRALTAR.
Judge De Wolfe Resists the
Assaults of His Political
Enemies.
He Maintains His Competency
to Hear the Silver Bow
Contest.
Amendments to the Writ Al
lowed to Insure an Impair
tial Hearing.
Republican Canvassers File
Their Answer and Uncover
the Party'S Plans.
Special to the Globe.

Special to the Globe.
BUTTE, Mont, Oct. 29.-Argumentsi in
the Silver Bow county election trial
were continued here to-day. The fore
noon was consumed by the Republican
attorneys, Messrs. Knowles and Camp
bell, arguing their motion to QuaSh the
writ of mandamus issued by Judge De
Wolfe, at the instance of John j. Nc
Hatton, commanding the canvassing
board to count the votes in precinct "a.
Mr.. Campbell asked that the writ be
quashed Oh the ground that the legal
time was not given for answer, that
there are two other writs issued by the
same court commanding the same per-
SONS to do the same thing, and that
Judge De Wolfe was wholly disqualified
from sitting in judgment upon the case,
owing to self interest in the re-
turns. The first two objections were
Overruled. but Judge De Wolfe said
in reply to the charge of self interest
that while he was perfectly confident in
his own mind that he had been defeated
for the Office of judge of the supreme
court, yet he had received no official
notice of the fact. though he knew well
that the majority against him was so
large that the returns from precinct 81
could not possibly change the result.
Yet even if he did take cOgniZance of
that fact it might still be considered
that he was an interested party to the
extent that he was interested in reduc-
ing the size of the majority against him.
Judge DeWOlfe stated that his
MIND WAS ETII,Y MADE Up
that it would be at least indelicate in
him to order vote counted in which he
was personally interested. No matter
whether he would be actually affected
by it. he thought that IN such a matter
the court should avoid even the appear
ance of an indelieacy. Judge Mcconnell
then addressed the court OH the right of
the court to further amend the writ in
order that the command in regard to
counting the vote for Judge De Wolfe
might be omitted from the mandate.
Judge Mcconnell asked leave to amend
the writ of mandamus by striking out
all that portion of it except what re-
ferred to the counting of the vote for
McHattOn. This, after long argument,
was granted, and the case proceeded.
Upon the individual rights of one can
didate, Mediation, the court ruled that
the alternative writ of mandamuS did
not require ten days service, but was
retUrnable at will. He also said that
the three different REALTORS in the writs
were separate parties in the suit and
had personal interest In the result.
That. therefore, the three WritS of man.
date were separate and distinct. Theer-
fore, he Overruled Mr.. CampbelfS mo-
tiOn to quash on every one of its
grounds. The Republican counsel filed
an exception to this ruling and also filed
a demurrer to amend the writ. William
E. Hall and William Jack, the Repub-
lican members of the board of canvass
ers, tonight filed their answer to the
writ af mandate in this action. 1t is
important that inaSmuch as it outlines
the ,..-..,
PLAN OF REPUBLICAN ACTION.
First, the returns from Precinct
No. "a were sent to the county clerk by
mail; second, when opened the returns
were not found to be in accordance
with the law; third, proper tally sheets
did not accompany the returns since
they were signed to the wrong officers:
fourth, the blanks used were of the
proper form; fifth, the returns were not
added up right; sixth, Mediation will
not be defrauded of his election if the
returns are not counted. 1t also sets
forth that there were not the proper
number of judges of election appointed
to conduct the election in this precinct,
and that the writing in the poll book
was written by the wrong persons. The
case will likely last week, as the Re
publican policy seems to be to gain time
by Ouibbling,