Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-11-06
THE pnc1s1oN.

80 ~
No citizen Of Montana, whether Dem
ocrat or Republican. who is disposed t
be fair and honest, can read Judge De
Wolfe's decision in the Tunnel precinc
mandamus casss@whieA appears on ON
local page this morning, without beinl
impressed that it is a correct conception
and a mastery presentation of the law
and not only that, but also. that the Law
is in every particular just what it shoult
be as it pertains to public policy and tb'
sacred rights Of Individual citizenship
Judge Dewolfe did not have to go t.
California, TO Nevada. nor anywhere
else outside Of cuf swA jurisprudence to
find the law sAd plenty Of 1t upon which
his mastery decision h based He found
1t right In our oyn. statutes and inter-
preted In tho same manner by no less an
individual than Hirsm Knowles, VIXEN
one Of the justices ct the supreme court
Of Montana, In the ease Of Ghumasero vs.
Potts. 2 Mont, 2r0. y Is true that Attor-
ney Knowles In this case has been COM
batting the principles involved In that
decision by Justice Knowles, but he has
been doing it under the license OF an at
terney. while deep down in his conyic-
tiOns the untramelled utteraIces OF
Justice Knowles must eve be supreme.
But in the absence Of any and all law as
to the duties Of canvassing board it
would certainly seem to all Intelligent
men, that such a board should not be in
vested with any judicial powers what
over, but only such clerical duties as these
with which the wisd ON Of our own iaw-
powers has INFESTED them. The
from our revised statutes which
he learned Judge sites 10 his decision is |
IS p1ain as language can express it, leay-
ng nothing whatever to construction,
or even to the discretion or
PERSONAL views az the judge. Certainly /
{ the legislature had intended to confer
ny judicial power whatever upon a can
assing board it would have said so. but
ven had IL dose SO such powers COULD
Ot vest besause of the organic law
7hich limits them to the tribunals which
specifically names If the decision OF 1
aek, who decided as he bet his money, I
nd Hall who did IS he was told, was s
ermitted tosSsnd, it would Lay waae 8
le entire political system Vt Montana, G
,nnde it of every yestige Of s~elf-govern- t
eat and make it tie victim and the I
Of political wolves that depend Y
+ an existence upon the Expectations Il
hich they are able to make upon the il
lblio purse. A Judge who would suffer q
Q Preparation or such an outrage upon Ct
Q liberties of q people should be i'm
ached and forever denied the political is
of citizenship. A lice vote and a d,
Ir count must not be defeated by a g,
ard of canYassers mol any other b,
bunal, for it is the bulwark Of our in &C
buttons, our heritage, our pride, and I'll
} legacy Of the generations yet unborn. al
rec vote and a fair count must be pre- th
ned when the officers Of al election si
tify to it as they did in respect to the tA
mel precinct, until the contrary is he
WA by cFeditable witnesses before a tai
,unal having the legal right to act,
| the learning and experience in the
to act inteliigently, If either party
guilty Of fraud at the Tunnel precinct M
hould not go ~unchalenged and there No.
remedy which the law prescribes. Az,
from all Of the evidence which has r.
cared In The MINER, ameng which M;
afidavits, of good citizens mt
9th political parties. tAere was a free w;,
and a fair count at the Tunnel pre-
It, and that the effort OF a few politi- oro
vampires and an s~x-conyiet to show ,,,h
le contrary, is stepped in intimida- inn,
F, drunkenness and perjury and is aw,
not entitled to the considera- t;sti
of hsaest men. The masses of the int
party are honest men, and or :
view with outspoken disgust such o,o,
i'1' IL suon q .auso. shot