The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-10-30
HE WILL HEAR THE CASE
TAe writ IN Amended - Tha Bat Ons
Cnndsdate Appsars In the Pettttos
"A Demurrer Ftled by the De-
Gendnota.

democratic and republican lawyers OH
she question of the counting of the vote OF
1he tunnel precinct continued all of to-
day. Although two days talking have
been indulged i'm, IL was not until late
shis afternoon that the phrase stunned
precinct" was used at all, and the hattie !
proper hpd just opened. The republicans
fight on every technical point their brains
can conjure np. and show am evident en-
deavor to make a. farce of the whole pro-
esedings. The writ Of mandate has he
come a little tattered by the two days
diminishing. hut, I'D far as its important
shis afternoon the technical points
and tho ground all Cleared Tor action.
Of the res pom dents has been rendered and
she battle will begin OH that issue i'm h
Promptly on the stroke of 10 this MORN
ing, Judge DeWolfe assembled the bench
and called upon Sheriff Themes to open
her Of spectators present. The legal
fraternity was almost as largely represent
s ssS a. T TRe~ U %ess so OF motions tic son ni. sfr asG
the hearing OF mandamus case was re-
Mr.. Campbell desired to make a slight
amendments In the motion to guash the
proceedings filed yesterday. There was
NO objection and the was ac -
suspended for a few minutes to enable
Judge Dewolf to issue final naturalization
DikDerS Io SoI1l ~ re INeStIbllu * otT
Mr.. Campbell entered upon argument
upon the motion to quash. He said that
she. time allowed between the suanc
and returning Of the writ WAS only five
lays whereas the law requires that 10 days
shall he given. This court IN governed by
the proctic act OF this territory i'm this
matter and that act requires that ten days
he given TO answer a writ. Therefore the
attorneys for the ~canvassinG hoard could
legally make - motion To qnash this writ
and the court accordingly would be COM
PEELED to- declaro the writ illegal and in
The court asked IL it was not
clearly the spirit of the law that IL proper
and sufficient time i'm which, To answer "a
SrAdictiOn of authorities and the spirit or
intention of the law must he taken., IL
been done by making his writ returnapic
Upon the second grounds in the motion
Of the same character i'm the same case
and returnablc before the same court AT
a Ths e.Ia,a ams McH at,s :" as clearly my, ' Esow
hut what tho defendant board will he
willing to respond to the commands OF
"A before November eth, when amy of the
writs is made r~eturnablc. Besides, the
~ MI, IN, "a soyecei1n Z" Obtain a DriVase right.
relator must show his private interests i'm
writ of issued i'm McHatton's
interest. Mediation demands something
for hi'nsSif and ra; s" m Tor the public
Judge De Wolfe thought that because
McHatton had q private interest in the
ease il did not disqualify him from de-
manding the lights that any other citizen
would have under the law. Here the
.oveIeignity Of the territory is invoked by
rights, and the same person invokes the
same power to grant him the rights of cit
Mr.. Campbell said an individual could
not demand both q public and a private
right i'm the same writ;
case certainly transcend all private rights,
but i'm Justice we should not seek TO wrong
either the public or ~ private individual
II is not for this that our court.
Of law are maintained. The rights al
public citizenship should moi disqualIfy a
private individual from enjoyment OF liza
Campbell vigorously ~combatted thi,
idea and quoted authorities i'm support al
his position. There are here three paper,
requiring this canvassing board To do the
same thing at three different times. The
second writ negatives the one made RI,
turnable at anothe time. III one wri
were to he obeyed and the other disrc
garded there could not bc any proceeding
The court. II think that so far as tina
matter is concerned each writ slhoui.
stand or fall independently. Every wri
Of mandamus shouldsbc obeyed, and thci
there could be no cause for proceeding
each of these writs should not bc obeyet
unless the parties show legal cause to til
contrary"
Mr.. Campbell, well, I have done upol
that point and now il your Honor please
come to IA very delicate point in our close
II 10 delicate and difficult for even u pal
sisAn attorney to discuss. Your Homo
} will understand that 1 refer to your Hon
or's interest ina this case and your const
quent disqualification AS IA judge to 81
upon and decide this dispute. will b
compelled to quote u great many author
ties to prove that your Honor canno
legally try this cause on ground OF intel
est. will he able to sho'
that you as an interested part
to this suit had not even "A right to- isst
the writ of mandamus upon which TIN
case is brought into this court at this time
Endless authorities can he brought I
show that yotI are wholly disqualified
adjudicate upon this NATTER"
Judge DE wol NOW. Mr.. Campbc
I dot wish to interrupt you, bsit let me 81
thai il is utterly useless for you To cite M
authorities upon this matter. I am full
aware that il the Judges interest I'm a cas-
is made evident he is disqualified. Now.
have thought of all this. i know full we
I am really not an Interested party To tn
suit. I know, and SO does the gener.
public that I am defeated 10y a majori'
very much larger than the entire vote ca
i'm the precinct mentioned i'm this wri
But I have considered tine matter in al
other light. Ii may be said that While
know l am defeated, yet ! might have
desire through personal pride or vani'
Tn n.luce tha lnrya M tnritV AGAINST me-