Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-11-16
b M,HArToN.

: The grand finale, 3 It may be termed
was reached yesterday in the Mediation
: Hamilton contest to succeed Judge De
Wolfe as Judge Of the district court fc
this judicial district, ana It resulted n
. favor Of ]. ]. McHatton. Judge DeWolf
stated before leaving the bench that h
had no judicial right to decide in fayol
of either claimant, but in an admirabl,
address to the public which followed, hi
cited the Judgment which had been rem
dered in that court commanding the vote
OF the Tunnel precinct to be counted, the
fact that 1t had been done, and that j.. J.
Mediation had, therefore, a majority OF
the votes cast for the Office Of district
Judge for this judicial district. He re-
ferred to the certificate issued to Mt.
Hamilton by the state canvassing board
and roasted" the board for issuing 1t, as
the board then knew that 1t was in viola-
tion of a judgment Of the district court
in this city. Judge DeWolfe's remarks
covered all of the ground in such q
mastery manner that there surely could
not have been in all the vast crowd q
single individual who failed to recog-
nize their wisdom and fairness, and,
therefore, the just and legal right Of J..
j. Mediation to the Office. After such a
statement from such q source it was an
easy matter for Judge Mediation to take
possession of the Office Immediately after
it was vacated, which he did without a
of excitement except the applause
of the honest citizens referred to by the
Inter Mountain, which Endorsed the act.
While such q step was easy for Judge
to take, because it wal right,
it was this same principle Of right that
L. J. Hamilton to his chair when
the move wa made. While Mr.. Hamil-
ton made q demand for the Office. it was
In obedience to the awl of Know Nothing
lsm at the point Of which, in the hands
If a few unprincipled and professional
he was forced to do that
It which his own manhood and sense of
light revolted. This was apparent from
he tenor of his remarks, in which he
aid that the board of canvassers for this
county had no right to exclude the vote
4 the Tunnel precinct, and which
mounted, therefore, to an admission
hat, although he held a certificate issued .
the state board. yet that board had no
light to issue it. Mr.. Hamilt0n's re-
marks and department yesterday we're
cry close to the lire of right, and they
trengthened him in this community. :
t is true he should have made :
o direct claim whatever in op- =
to the judicial judgment q
Mr.. McHatton's favor, and that he did Q
perhaps to be attributed to such in-
usnce as that before referred to. If Mr.. "
amilton feels that there was not a free .
,te and a fair count at the Tunnel pref
net, he has the right to contest Mr..
cHatton's title to the office on that '
'ound through well-known and pre- .
ribbed legal proceedings, but until he =
'es and proves his case he has no right y
hatever to the Office that deserves Z
hearing. A court declared 81
at according to the face of the returns I"
Q Office belongs to Mr.. Mediation and, d
erefore, he should certainly have it in "
eference' to any other claimant while ID
Q legal showing is as it now is, and he IL
s 1t. .. fe
It is rumored that Mr.. Hamilton will al
AXE an. effort to obtain a writ of prohi- 81
ion from Chief, Justice Blake, but Ill
cause Of the Judgment referred to, I'D
Il MINER doubts if he will succeed; and
'ides, it is not a remedy that will be- Va
proved by good citizens, and if invoked fol
Il cancel: whatever. of good in MIR. La
milton's record Of yesterday, If; he I'm
II institute proceedings to determine ~
question of fraud at the Tunnel he lat
strike a popular chord In his own it
ty, and there are several afidavits in of
) Office which will be placed at his ma
e = ,