Great Falls tribune. [volume] (Great Falls, Mont.) 1887-1890, 1889-11-16
JUDGE MHA7TON'S WAY.

ample to all other candidates who we're
lawfully elected. When Judge DeWolte
prepared to leave the bench on Tuesday,
Messrs. Mediation and Hamilton we're on
hand. Mr.. Hamilton who had not been
elected but held White-Blake-W Walker
certificate addressed Judge DeWolfe.
He declared that the truce entered into
last week had been observed. He added:
IL agree with your honor's Judgment in
the mandamus cases which defines the
duties Of canvassing board and Whlch
declares that that board had no right to
exclude the Tunnel precinct" He fol-
lowed this candid declaration with an in
timation that a court of competent juris-
diction would pass on the question ana
argued that he was entitled to the judge
ship. Mr.. Hamilton sat down without
presenting his papers. Judge Mediation
then rose and in words which have the
ring of honesty and truth said;
will call your honor's attention to the
fact that the vote of this county has been
counted at the behest of your own order.
Acting under that order the vote O. every
precinct in the county has been canvassed
with the F~eult of showin,s my election.
Did not .,anestly belleve that had re-
reiyed an election, under no consldera-
ton would be q party to this contest. !
believe my claim just, and while your
honor has nothing to do now in the Co
pacity of an officer, yet you possess the
right-indeed it is your duty-to turn the
Office over to me as your lawful successor
The mode of procedure to determine the
right of Judge Hamilton must be formu-
lated by the other side. deny that 1t IS
A question of certificates. While my OPP
ponent may have certificate, it is an un.
doubted fact that received majority OF
the votes cast, which entities me to the
office. am not here IN behalf OF my.
self, for my personal interests are, and
have been. inimical to Office and office
holding. / am here to vindicate aud as,
sert the rights Of the people who elected
. me district Judge. l owe 1t to them, and
cheerfully assume the task. If am
: given the office and 1t is proven before a
, competent tribunal that my claim is not
GOOD, will surrender it without regret
and step down and out.
: Judge DeWolfe, who showed to the
last the fairness and impartiality
which he had observed throughout, re
cited the facts connected with the man
Il damus proceedings He said that hi
= could not without stulhfying himself fine
IS otherwise than that Judge Mediation wa
y entitled to the position. But Judge De
e Wolfe was determined not to exceed hi
e own authority. He said: ~ am pre-
|
81 unite it; l will now cut it. Mr.. Sheriff
Is YOU will now declare the October teri
Us Of the territorial court adjourned sin
die" Sheriff Lloyd did so and Judg
10 DeWolfe withdrew. What followed
Of best told in the words of the Butt
u Miner: ".. "mM04 @u
n The crowd, intuitively conscious tht
ct the climax had been reached, and cage
e. to occupy front seats in the parquette i
Ut the event of trouble, arose in a body, d
~ though moved by single impulse, an
surged up to the railing, intensely cage
;e. to witness the next shift of the startlin
e- drama. For moment a painful silenc
~ ensued. All eyes centered on Messr
- Mediation and Hamilton. The awkwar
"a pause was relieved by Judge McHatto
IT. leaving his chair and striding toward tn
he vacated bench. As he took his seat an
M faced the audience, pent up emot;o
=, found expression in wild cheer the
oe shook the walls and Jared the window
en- The next instant Eugene u. Sulllyan,Wh
er had made demand upon Sheriff Lloy
ro for the possession of the office, keys an
NC records and met with refusal, took
In position to the right of Judge McHatto
and called the court to order. This NOV
in Of Sheriff Sullivan, though resolved upo
os the day before had been kept quiet, an
the denoument almost took the breat
~ from republican auditors.
mt Judge Mediation announced call
ad the docket, and stated that he was read
:, to listen to motions and demurrers. Ii
then proceeded to call the docket, an
'es assumed the duties and responsibility
ro of the position with all the ease an
he familiarity OF long experience. I'll
t.1 inert wheels of business began 70 revolN
'a' and IN ten minutes everything was mo
nus ing along smoothly and without frictio
MI Hamilton remained passive spe
.ator, turning occasionally to make
he facetious remark to legal friends, sever
ma of3whom occupied seats near him. 1
-, smiled and looked grave by turn. I
'"s was visibly embrassed and chagrine
but he made heroic eHOFCs W COuceal II
700 feelings from the spectators and coul
700 To keen observer it was painfully eN
700 dent that he made miserable failure
)OG the attempt. He stayed until court a
)OD journed, about O'Clock, when he left Il
$50 court house In company with two syl
100 pathizing friends, and passed down stree
90 Thus did Judge Mediation act mob
~ up to the trust which the people had co
$50 fded to him. He maintained in practi
the principle that the candidate who
Tic. iaawfully elected and holds the certificf
ore fof his own county is entitled to the off
'ch |and that the burden of proof rests vi
,pe with all other claimants. Judge McH
the ton has treated with the contempt viii
lie. it merited the certificate of White, Bla
ate and Walker. He has blazed a trail
YES the Silver Bow representatives, which
ion hope they will follow with like manlin
ach and resolution.
TIE illustrated article which the IR