The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-11-02

sss: :. nv. y sSs We: 9 :siiys -. by
clerk n the iSaTsa ~ county s1m@ls.tnasss ~
lniying him To iss"r certidcases u sIecsEos %
That IN. .n.. ...np,nln. :. .neix..e.. Nm
ms.s6er. 81 the lrTisls,iss as:emS!y q the .ssse
when ln law and IN fact. 10 they were els.tsd %
.Ms = s 3 y, n nm o a.sE Ssrs Il 4 IL; s':.t state s': ~ M :ss
tana."
Mr.. Campbell spoke mt length upon the
ground taken In This demurrer. He con-
tended that the court had no right tn allow
the original writ of mandamus 10 he
amended. Charles f. Booth should in no
way be considered u party Interested In
this case. Booth did not want the thirty
fourth precinct votes counted. His elec-
way judicial. His duties as clerk of the
board wers. merely ministerial, and he
S"r Of "I the !" .ho"ri. lie ,S%a%%fSrr had memo mo-
i'm this writ.
that County Clerk Booth. who was also
clerk. of the board of canvasscrs, had
clearly "a right to be made u party To tl,s.
suit against the board. He also showed
that Booth had a right upon the order of
tl,e. court as made i'm mandamIs proceed
ings yesterday to issue certificates of elec-
ton To all candidates who obtained "a ma
jority of the entire vote of tile. county with
the tunnel precinct vote counted i'm. The
ittthefllbtttn WITH a. IoTtll lila v Illlitttl NJ.
Jack, onc of the members of the county
poari of ~canvassers, soon after the iss,i-
ancc of the first writ Of mantlamus left
this territory and is now supposed to-
be ON his way tn Europe, wherS.
hc intends tai remain several
months. It., therefore, become the
duty of The remaining members OF the
board to canvass the returns and there
was no good reason why they shouid re-
il was not the duty of counsel for Mr..
Hall and possibly for Mr.. Jack. too, To OH
jeci on part of Mr.. Booth To that gentle
man being made "A party To this suit. Mr..
Booth was not objectIng. ana counsel had
no legal right to enter AN objection FOR
him.
The Judge i'm summing up said the a,,-
tlloritics undoubtedly Justified the making
OF MIR. Booth "a party ia this suit, aud as
MIR. Booth himself had not objected the
court had no other course than tn permit
MIR. Booths. name tn remain i'm the doci-
incut as one of ths. respondents, and he
therefore ovcrrulcd the demurrer OH all its
grounds.
Mr.. Campbell filed notice of exception.
M Af,nr q n lSnS Ie ann T Sp ~. w .arr, upon rac .ns
was taken until = o'clock.
When the court met at , o'clock. Judge
line of the fourth page of the writ by
changing the word general" To "leRisla-
tive" Judge Knuwles said that i'm that
amended and wanted time to send for
VIM. T.. Hall. for the purpose of swearing
I" n: am.nd;a nsMsr u,,,.
"shs '"h 80" haHN
wcarily. well take IA recess for a. half
hour to give yo', time Ia get Mr.. Hall here:
Clerk. have you an Anaconda STANDARD .
The clerk handed tho court u copy of
that paper and the court read il for "a half
hour with evident interest.
At the expiration of the half hour Judge
Knowles said that Mr.. Hal. could not he
found. Judge Mcconnell waived the
necessity of having Mr.. Hall sworn. The
answer of tl. board of canvasscrs was
then filed. IL il almost "a fac-simile of thc
answer filed Ia tine McHatton ease. Judge
kirkpatrick desired to file am affidavit of
Judge Irvine similar tn the one filed in the
Mediation ease. Judge uowlcs said that
Mcssrs. Jack and Hall had agreed tn fight
Ill" mandainus. Judge Kirk patrick claim
eel that the actor was, nevertheless not
the action of the board. Ii was agreed
mutually that papers could he filed later
i'm this case.
The court then said he would award the
same order for "a perernptory writ of man
date as i'm the McHattoIi ease.
The court adjourned until 4::p o'clock
to give counsel time tai prepare the
papers.
On RECOMMENDING at m O'Clock. Judge
Mcconnell presented the Judgment for "a
p~sirnIptOry writ commanding the board
of canvassers tn count the vote for the
five Legislative candidates. The court
signed the Judgment. The Judgment is
similar to that in the Mediation ease. As
before, an undertaking in appeal was
taken. Ia he decided next Wednesday.
The court adjourned until tomorrow
morning at 10 o'clock. Al that time the
~ps.renIptory writ will he presented for sig
nature. the paper signed to-day being the
order for the cmpt writ.
Notes From Deer Lodge.