Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-11-16
.EIGITING But ORDERLY.
Yesterdays Denoument in~the
Great Judgeship MIDDLE
Not Unexpected.

e Judge DeWolfe vacates the
Bench and Judge McHat-
ton Occupies 1t.
From Wednesday Daily. essi faosh
I The district iudgeship is settled, and set.
tied satisfactorily at least for the present.
Yesterday afternoon at $40 o'clock, after
giving q brief and logical resume Of the
mandamus proceedings had before him.
( compelling the county canvassing board to
count the vote of the Tunnel precinct,
Judge DeWolfe adjourned the october term
) OF the district court sine die and left the
bench. Judge Mediation promptly oceu-
pied the vacant seat and through Sheriff
Sullivan declared the general term OF court
open for the transaction Of business. L.
j.. Hamilton, who was a contestant, occu-
pied q seat inside the railing, but made no
attempt to dispossess his competitor. He
simply looked on in subdued bewilderment
and reirained from any demonstration.
Long before the hour announced for court
to convene the large audience room was
crc wded to suffocation. It was generally
kno wn that q settlement OF the contested
judgeship would be attempted when the
court should convene at 2 O'Clock, and pop
ular interest in the result was manifested
by the presence OF hundreds OF anxious cit
/ s-1--E-l- nu1l
offices, and packed the court room.
The large number who found it impossible
to secure entrance to the court chamber
resorted to the Railways, where they con-
g~regated in coteries and eagerly discussed
and specialized upol the outcome, Both
parties were largely represented, and dur
ing the canvass OF the contest among the
crowds party Ines were drawn taut. Re-
publicans herded to themselves, the herd
ers making Treasurer Kessler's Office head
quarters, while the Democrats prowled
around in a general way. The former
showed an ill-concealed feeling OF depres.
sion, while the democrats appeared calm, |
confident and determined. The latter
were imbued with a conviction that their
cause VAS just, and that their opponents
were resorting to technicalities, il not t
downright dishonesty to deprive them OF |
q hard contested election. The decision OF
Judge DeWolf, while acting in the undis-
puted capacity OF district judge, lad been
uniformly in favor OF the Democratic can
didate, and it MAS felt that he had no
alternative other than to declare Judge |
Mediation his lawful successor, provided
he would C onsent to make any decision
whatever. rs-, -. |
Passing up stairs a few minutes before
the appointed time for the court to con.
vene, q reporter for The MINER encountered
considerable difficulty in ~effecting an en-.
and a number OF jurors who had
procrastinated longer than was prudent, |
clamored in vain for admission. Every
seat was occupied, while the aisles and
with a surging throng. The court bailiff
threatened and implored in vain to induce
the swaying crowd to fall lack and give
the waiting jurors a chance, and as q last
resort appealed to Judge DeWolfe for as
%sistance. The judge too a rapid survey {
OF the situe ton and. observing that it was |
manifestly impossible for the crowd to I
make more room, quietly requested all 6
that could secure seats to do so, and re-
main as orderly as circumstances would t
permit. He then called the court to order Ii
and asked, "Is there any business?",
After the disposition OF an unimportant
matter, Mr.. Hamilton, the Republican CON-
testant for the iudgeship, arose and adj
dressed the court in substance as follows: I
Your Homo will recall last Friday, Mr..
Mediation and myself presented to you
our ere ~ientials for the position OF district
Owing to the embarrassment this .
at the time and the grave COM. :.
plications likely to arise owing to a case IL
then in progress before the court, we both b
agreed to withdraw the credentials then !,
and consented to allow the mat !;
ter to remain in statu quo until 2 O'Clock -
This compact has, I am con- CT
7inced, been honorably. observed by Judge W
Mediation and 1 am positive I have OBJ. Fl
'erved it myself. The personal relations =
II Judge Mediation and myself have u
always beer OF a pleasant character, and I W
myself that Notwithstanding the 81
present. complications, we are personally al
riends. l do not pretend to assume that al
he refusal OF the county canYassing board pl
o count the vote OF Precinct "a was right CT
n wrong. That board was charged with tt
performance OF a specifc duty. Whether IN
To first action waslright or wrong I do not be
.retend to say, That question, I assume, tie
'ill ultimately be passed upon and de. pr
by a court of com. hs
etent Jurisdiction. However of one he
hing l feel assured, namely. that this court OF
annot legitimately determine the election til
I either MI. Mediation or myself, and can. ar
OF, therefore, elect who shall be his sue ar
He then denied the legality of the or
issued by the county clerk to- :.
Mediation, while on the other hand, de
Q insisted, that his own certificate, eman- ce'
ting as it did from the state canvassing wi
GARD, entitled it to precedence and recog- de
ition.. He very generously conceded that sec
Judge Mediation was making the contest SH
pom what he considered iustifabls grounds fes
nd in good faith. He argued that it wo
altered not how much fraud might be col
ack OF his own certificate it sho1ld be re. to
lived for what it purported to be. He lea
as DESTROYS OF avoiding any unseamingly ant
ramble in the court room and would i'm Ger
owe the opportunity to notify Judge Nc sec
alton that he would present his creden. hin
ais and demand his position. With this cal
Hamilton closed his address to the
urt and subsidized without having pref
nted his papers. 80 80
Judge Mediation who occupied a seat at. R.,
e right and adjacent to the bench, them
ose and addressed the court as follows:
L willcal your honor's attention to theI
It that the vote of this county has BEEN 49,
united at the behest of your +
n order. Acting under -: that tow
the county has been canvassed with the ~
ult of showing my election. Did I.not tne
nestly believe that I had received an mot
ction, under no consideration would I NJ
a party to this contest. 1 believe my sba,
i'm just, and while your honor has moth il ia
to do now in the capacity OF an officer, will
you possess tne rignt-lnoeed IL Is your then
turn inc once over TO me as your ffte'
iut suc:es or. Inc noqe OF procedure port
letermlne 1ne rlgn6 OF Judge Hamilton the
st be formulated by the other side. I de. rems
it is a question of certificates, of a.
lie my opponent may have a certificate, casio
an undoubted fact that I received a Conn
Of the votes cast, which entities will
to the Office. 1 am not. here in behalf bride
myself, for my personal interests are, thou
have been, inimical to Office and office expel
ling. m here to vindicate and assert he II
rights OF the people who elected me dis. comr
/ judge. I owe it to them, and cheer
assume the task. II I am given the
q and it is proven before a competent
unal that my claim is o good, I will a
ender it without regret and stan down eyad