Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-11-13
3 Is NO DOUBT.

THERE Is NO DOUBT.
The public Is already familiar with the
scramble for Judge DeWolfe's seat on
the bench. which took place In the dis.
rict court room in this city on last Fri.
day when It was announced that the
president had issued his proclamation
admitting Montana into the Union as a
state. TIE MINER believed then and II
still believes that Judge DeWolfe should
have then and there vacated his seat to
his successor, j. j. Mediation, as his title
was not only evidenced by a certificate
issued by the county clerk and recorder,
but also, 1t was conclusively evidenced
by a judgment Of record in that very
court and signed by Judge DeWolfe him
self. 1t is the judgment of that court
and a matter of record that j. j. McHat-
ton was elected district Judge for this
judicial district and a matter, therefore,
Of which Judge DeWolfe had judicial
notice. as he also had that his successor
had legally qualified and demanded the
Office. His title was therefore indcfeasi-
BILE in every material particular, and be-
ing so, it entitled him to possession, and
If 80 entitled, he should have received it.
The fact that L. j. Hamilton presented a
certificate of election from the territorial
secretary could not possibly affect a per-
feet title and it was therefore entitled to
no consideration whatever on the part
Of Judge DeWolfe. The Judgment of the
court in the mandamus proceedings de-
clared that Mediation had been elected
and that Hamilton had not been, so that
no further decision was required of
Judge DeWolfe and it only remained for
him to recite that decision, to name Me-
as his successor by virtue of that
decision and to vacate the office in his
favor. That would have been right and
The right should always be observed
especially in a court of justice, and if it
hal been 80 observed in this instance, it
would have received the support of all
honest and fair-minded men, and the
Of Knowles and Campbell would
not have been heard beyond their own
Kennels. THE MINER confesses that the
soon assumed an embarrassing |,
,hase because Of the Incorporate and
evolutionary u~tterances of Knowles and
'ampbelI, and while it will not censure
o just a man as Judge DeWolfe, yet it
that a mistake was made as the
esult of his delicate sense of ,
ropriety, aversion to a clash with
ulldozers like Knowles and Campbell, q,
nd his innate disposition to weigh we'll,
8 essential to an intelligent and impair
ial conclusion.
As MI. Hamilton has no title whatever t
D the office, except a naked certificate b
hitch is wiped out of existence by a '
judgment in favor of MI. Nc y,
he should be ashamed to de- r.
land it and The MINER believes that he ! "
Id it only because of the advice and urg- n
lg Of men whose friendship is a bar to u Y
preferment. +.
MIR. Hamilton is a young man of good d.
,ility aud he cannot afford to insist
pom a wrong which must shelve him
r all coming time, especially as he "a
Ill not be permitted to make it win w.
ough the heavens fall. The crisis in to
is matter will be reached on Sunday and NJ
Q right will triumph or there'u be none FL
It to tell the tale. The legal stages of ue
case have been passed through and a W.
dgment obtained in Mr.. McHatton's ar
Vor and by virtue of that judgment OF
INK or swim survive or perish" it will Sc
defended.