Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-11-02

. never bsiofe ben ohaiIsHssd as 10 MY id,
I I tLority for appearing IN = causs. nov Wish
After Clerk Clark had administered thu
9 oath Mr.. Campbell said that at 8 O'Clock
OF the afternoon On which the ~canvassinp
board had passed upon the returns, after
: the alternative writ Of mandate had been
served and before the c~anvassipg board
had adjourned, Mr.. Hall had retained him
Q to represent the board in all legal diff.
: culties arising from the boards action,
Nj. Toole cut on what might have been q
t long argument by saying with the utmost
: suavity: "Wil Mr.. Campbell please tell us
: where his testimony leaves of and his
argument begins." Mr.. Campbell asked his
: associate counsel to speak for him.
Judge Knowles line OF argument was
that the writ was directed to the members
2 OF the ca~nvassing board as individuals. 1t
! a preposterous to say that counse we're
not authorized TO take an appeal in o case
: in which they had been recognized from the
9 : inception of the proceedings. He denied
|. that it was necessary Tor the board to hold
q formal meeting to authorize the employ
/ ment OF counsel for t~heindividual members
u vi UuU UOhKus LII IO6HOu60 ~ - Qu0EY UY
Mr.. Toole he read from the statutes on
authority for appeals at any time within a
year, and az to q bono working Q stay Of
execution in all special proceedings. He
cited First Montana, D. 81 and 371, Sec-
ond Montana, d. 593. Third Moutana D.,
1854, Sixth Montana p. l47-all cases Of
mandamus In which appeals had been per-
mitted.
"In all the cases." asked the court, twas
L not kho onksnn AsrnokA1 tn v,rh1sn "A no~o
compelling them to pay out sums OF money
payable under the law.f" ~
Judge Knowles replied in the affirmative,
but cited authorities showing that appeals
had been permitted and bonds to stay
proceedings had been executed 10 Especial
proceedings" and asked il the court would
discriminate between mandamus and other
special proceedings. He quoted California
authorities in support OF his position that
an appeal would lie, and he stated that
Montana practice wi were taken from
the California statutes.
The cour-Lst us look at this matter
in it's practical effects. Here ar three me,.
TO perform = special duty as q board. Sup
pose they refuse or faii to do that duty.
IN tne yiew you take, those three menco9ld
Diock tne Wnesis OF government q render
tne luogmenS Oh tne court neeatory ior q
~1oI year. 49,,
Juoge AnoWies-ies ano going q ilttie
,urtnsr you %lgno say tnao q canvasslng
OF one Q
Inc cour.HAes, wneh tnas one man 10
I.veeteo WIN !uoiciai powers ano iuhc-
olons; 800 |
jugs AnowIes c0ntonoeo again tnaC
MonCane nac SaAsn her pIActice aco iroM
Oaillo.nia WIN ons eonssfuc1ion piaceo
UPON ny 'ne la'teI. an9 thereiore special
Procseolngs were entielea TO appear ana
D9nos ior sSAy OF Iuagsmsnc'
nj; CampDeil cited the Tenth CaEiornia,
p5to, IN Wnicn canvassing Doara mao
!aleo 10 COUNT certain VoCes, a manoamus
ISSUE. ~ Appeal was ea.en and Sne OF
nciai VINO nau Deen gepfiveu OF ms vooes
was uopriseo nLs oMce unC the Ippeai
was neSro. II Cne once was wrongly De
sboweo Dy reason OF the appeal tne emolu-
menus were arsnteeo Dy tne 0onc' TO
tns person entltled tnere1o.
Mr.. looie considered tne matters on
OF lar more IMPORTANCE than seemed
TO Dc attached 70 them Dy counsel
Tor respondents: The proceeding was
In which the people !
the Whoie territory were interested,
IL involved tne rlghG OF q BOARD oil
canvatsers-men lac under bono and per-
maps pecuniarliy reverse
the wheels OF government, deieat the will
Q, !ne peopie ana deprive men OF Smce TO
wnicn tney nad been rigntiy elected. FRO
vl.lons mao Desn mace IN tne statutes lor
cssss oI lmmeoiate enecO, oue tee trainers
OF tne statutes nae noe ~ontempiate de-
priVlhg the people OF their rights. llan I
appesa were sranteo mere was no HosslDll- |
lSy : speeuy acC'oh IN the casa; ne on I
g,uueu ny sayIog tnaC the was I
uns scgeu aga:nse the ooato conectlveiy,
au SnaS an inuis:uuai VI VnaC oooy couio
.:yvpn Ina.1ay ior appea,. t
0ppea'S III MS cases askeo inc c
I o ~ r
1IoET m rs-'acA anu man, il
zine out altogether and appealing In their q
'r1sa.e Iapacisy. b
ornia statntas and deeis;ons and renswsd =