The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-10-30

say ! am inclined 10 view she matter In
The light intimeted hy Mr.. Camphcll; for.
while ] ann confident in my own mind that
shss ma be rendered In this coart. get
vss e.. : ss ssss:a.s. . nd / -S S... Ss.t ". s ssss
oficis lily notified Of my defeat, though of
cos,rse I am well aware that l am ,i-teatcd
ci,,ct caunot possibly overcome
Mr.. t,ampbeli here became very lcnicnt
and said: ''But your honor In allowed by
many facts which viii not for q long time
at least fau under your aotlce IN any
other way than hroiah the columns OF
70 he any doubt IN At your honor
has e defeated independent of
think Il the proper thing for me To
try this case wlers l have even N sem
blance OF self-interest. ] do not feel dis
votes cast for my, elf he counted. feel
that the, ease. tn be within my jurisdiction
should first he divestssl of any interest,"
In the meantime court will take ~ recess
until I o'clock. when counsel for the re-
cuss the matter il they desire"
The legal contest was continued when
the court reassemblesl lat I o'clock. Judge
fore Adjournment that whether le ia act
ually -incompetent tai sit OH this case is
one question. and as tai the indelic;icy of
concerned: is another question. II is the
duty ss avoid of :, Judge tn. no: com Sm,y
of wrong. The court said he knew in no
possible manner is lac Individually inter
Interested in a certain way, having been n
candidate, the vote. of the thrown out pre-
cinct would affect his vote and thus make
u indicate for him to pass on the qu',,-
ton.
Judge Mcconnell said: at is easy to-
SNOW .nas YOU homor - nnL "ns',m'rn.n n
ence To the interest of the judge, the. court
says that no Judge ought tn withdraw, on
the interest is true in fact and lay. and
the judge should not he permitted to with
draw without sufficient grounds. There
is not II doubt but that you are legally
qualified to sit on this case. But we can
relieve your honor of that troubic. AZ tus,
alternative itself wers, I'm ironclad consti-
tuition and could not he broken, then per-
haps there would bs no chance of getting
rid of. the vote for chief Justice. And
could co "' not even" 81. you on 1 s%s css".
Authorities all establish the doctrine that
the peremptory writ must follow the al
tentative writ. but that does not pre-
ciude the party from amending. the al
ternativc writ at amy time, anu have the
i,nat ,," VII, ~ u ,atic. may n MI I've H..
feated. An alternative writ may Ia
altered or amenicd SO as tn he in sym
A Ittetfy Will Tie DGNSNsaNIlIlRS ititu eoEtoGl
thereto. 1 now wish To move am amend
mcnt To this alternative writ by striking
out amy part which asks tire counting al
the vote of any candidates except the re-
lator himself. That does away with all
in~delicacy, and there il no legal disqual.-
fication Whatever"
'that there is any other rule i'm regard I.
amendments To an alternative writ al
mandate different from that which APP
plies m an ordinary civil action? 1t IL
elementary that in "a civil s,iit the prayer
of the complaint constitutes no part al
for an alternative writ OF mandate rcgH
which il is based"
said Thompson Campbell. "Ihe orSieI
says the board must make AN abstract ol
ali votes for officers from precinct "a"
order or not" said the court. "Aii / wan
to know il, docs any different rule pre-
vail i'm regard to amending u writ of thi
kind from that which prevails in an or
binary case
Judge Knowles replied: 'This is am cn
tire remotelinR Of this case and brings. !
SD that instead Of claiming a public right
the rciator claims u private right OF hi
own. That changes the whole charactc
of the proceedings. II il not in the pow.
of the relator to narrow the case to him
self. 1t is the territory that is con
ccrned. IL is the right of the territory Z
And when the vote is taken up picc.s-lnea
and counted for one candidate at "a tins
that IL not really WITHIN tho range al til
duties of the canvassing board. TIL
board must cinvass that vote for all car
dates or for none. / doubt il thers. il AN
authority to permit the counting of III
vote for one candidate and not FOR I'll
others"
"Iu the first place." said ThoInpso
Campbell, ''yotr Honor was totally di
qualified from issuing the original orle
An ndm can .be made only IL th
particular-so as to preserve the sylnIn,
try of the proceeding and make IL col
; fornlablc thereto. But the aTneIidfnei
must he i'm strict accordance with the q
/ der. Now they have made their case I'll
counting of the whole vote of Silver BIO
I county. To count McHatton's vote alor
range the whole scope of tine writ sMI
5 IL / desired tn he technical by the jury
= would move to throw out this entire pr
I ceedinR on the ground that there is .
e such legal term as n Board of c~anvasser.
There il no such thing legally as "A boaI
! of ~canvassers for Silver Bow count
Ii in "A misnonier. Yet this writ is issus
to the Board of Canvasscrs. But I wi
= bring up that point later on. Now IL tn,
r are allowed to keep Oh striking ont ever
thing ia this writ, there will Ire nothii
left. Now your Honor has an interr
( here"
e MOT i'm the least" said the court.
"Ics, there is am INTEREST," continu,
4 Mr.. Campbell. "TheIe is am interest
= having a large vote and i'm making "a goe
appearance among your fellow citizen
y Even that is not sailing as Gloss. tai q
wind as some of the authorities sail.