Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-01-02
Judge McHatton's Resignation.

Judge McHatton's Resignation.
HELENA, Mont, Dec. "a, 1889.
To HON. JOSEPH K. TooLE, GOVERNOR
OF THE STATE OF MONTANA: HONORABLE
SlR-I hereby resign the office OF Judge OF
the second judicial district court OF the
State OF Montana, and desire that my
resignation thereof take effect at once.
JOHN J.. NOTATION,
Judge oil the Second judicial Court OF the
State OF Montana.
To THE Hon. JOSEPH K. TooLE, Gov
ERNoR OF THE STATE OF MONTANA: HON.
oRABLE SIR-I hereby resign the office OF
Judge of the second judicial district court
Of ehe State of Montana, and desire that
nv resignation theI eof take effect at once.
In presenting my resignation OF the office
l deem it proper to mention briefly the
reasons for so doing. The refusal OF a
majority OF the canvassing board OF Silver
Bow county to count the return OF votes
cast at the election held on the second
day OF October, 1889. at vot-
ing precinct No. 81 in said county;
the Judgement obtained in my
favor in the district court in Butte against
said c~anvassing board, compelling the mem.
beers thereof to re. assemble and count said
votes for me for said Office; the counting Of
tQ6 6hUQt lux MO ny 60Io O o0kA
Judgment; the refusal Of the territorial
c~anvassing board to count the votes cast
for me at said election for said office, al
4har4ah ;4-ha6 q nn-A;E~a .oPv Of oaid judy.
ment against the canvassing bosrd OF said
Silver Bow county before it at the time it
assumed to declare the result OF said cleo
ton for said Office, and the subsequent is.
sunce by the governor OF the territory OF
a certificate OF election to said Office to L vi
I uoDoikon oo1 Uhn waS tho "a Mi fa
on the Republican ticket for said office
at said election. and matters which
are fresh in the minds OF the
people OF this judicial district and
OF the state at large. That was at said
election, duly elected to the Office of JUDGE
of the second judicial court by having re-
ceived the highest number OF legal votes
cast, therefor is attested by q judgment OF
a fair and impartial court OF competent
Jurisdiction and the return OF the can
wasting board OF Silver Bow county made
in obedience to said judgement. l was
duly elected to and entitled to hold said
office. I accordingly qualified as required
BY law and entered upon the discharge OF
it's duties. But Notwithstanding all this
Mr.. Hamilton and his political friends felt
that he should assert a claim to the Office
by virtue of the certificate al
ready mentioned. It is not my
purpose to enter upon any critic.
ism OF this matter here further than
been to create doubts as to the validity
and safety OF all court proceedings in the
court of this judicial district; to unset
tie business and to delay the adjudication
of all court business therein to the lasting
injury OF individuals and the public. There
are now confined in the jail of Silver Bow
county some thirty or forty persons
charged with the commission Of crime who
ale entitled to q speedy Trial, many of
whom nave now been confined therein for
a long time: there are several hundred
cases on the civil docket Of the court
awaiting trial, and many of these are i'm.
portant. not alone to the parties thereto,
but their speedy determination is a matter
OF public interest as well. One evidence of
this may be cited in the blue Bird min.
ing case" which, until tried and deter.
mined. will keep several hundred
men out Of employment, many of whom
are o possessed Of but scanty means OF
support for themselves and their families.
There are numbers Of unsettled estates and
the rights of widows and orphans are be-
ing ieopardized by the delay caused by the
complication in court proceedings. All
these matters and interests demand a
complete settlement Of the adverse claim
to the Office. I had much desired to have
Mr.. Hamilton's claim to the Office tested
in q direct proceeding in court to deter.
mine the right Of said Office, and I have
never had any reason to feel or fear but
that a final judgment obtained in such q
pr )ceedipg would confirm my title to the
office and dissipate the cloud OF his claim
thereto. But in view of the diff.
culties existing. in u legislative
assembly it can hardly be ex.
pected that any laws will be
enacted for some time to come, il indeed
at all, by the present assembly, and il. as 1
am informed, and have reason to believe
the supreme court will not go into session
until the terms OF said court shall have
been fixed by legislative enactment, the
time when a final judgment could be OBJ
tanned in this matter is some distance in
the future, and, on the whole, verv iudef.
mite, and therefore, unless something is
otherwise done we can only expect a con-
s%iouance Of the present deplorable state OF
affairs in this judicial district. Mr.. Ham.
ilton has now consented to resign his
claim to this Office upon condition that 1
at the same tint resign the Office. I have
considered this proposition, and on &C.
count OF the great public necessity exist
ing for an immediate settlement OF this
matter, rs evidenced by the facts
already recited, and which are so. well
known l present my resignation. The res.
ignation OF Mr.. Hamilton and myself hav.
lug been accepted, An appointment can be
made and the business OF the court will be
no longer retarded. My desire in this mat
ter has always been to serve only the right
AID to maintain its principles. 1 surren.
der no principles now, and submit the pol
ICY and good intentions OF this act to the
honest Judgment OF my fellow citizens.
Very respectfully,
JOHN j. McHATroN,
Judge Of the Second Judicial District
Court Of Montana.