Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-01-02

nv letter sent herewith l hereby resign the
office o, sisti ic,i Judge oil the Secord J ndicial
District on the State OF Montana and de-
sire thai TINS resignation take Immediate
eject. Very Respectfully,
LEVI J. HAMuLros.
Dated Butte City, Montana, Dec. Gath.
1889.
BUTTE ClrY, MONTANA, Dec. Gath, 1889.
HONORABLE JOSEPH K. TooLE, HELENA,
MONTANA. sIR:-In rendering the enclosed
resignation l take liberty to state reasons
therefor. 1t is unnecessary to advise your
excellency OF the judicial sntauglements
existing in the county of Silver Bow. All
the matters associated Herewith are COM
mon report. The merits of both sides OF
the controversy have earnest parIisans,
hut to comment thereon is not my pur-
pose. fublic interests are concerned and
these are paramount. The indefinite sus.
pension OF q large mining enterprise, en-
pioying when in operation several hundred
men, would be q probable result OF long
continuation OF b present judicial con-
t~roversy In this county. Li.igants n over
definite determination OF such contest by q
competent tribunal with no apparent
probability OF final decision at
any time in the near future. Be.
alizing the serious ENHANCEMENT Of Judicial
interests in this district I have been willinf
/ to enter into any honorable arrangement
whereby an ainicable adjustment could b.
| effected, without confession or surrender o
either claimant. Until recently such ad
justment seemed impossible. Different
attorneys profess belief as to which claim
ant is entitled to the Office in question
The resignation of either claimant woult
not, in the opinion Of all lawyers, quiet tn
title OF the other. Each lawyer would still
consider 1t his professional duty to inter
pose every available objection to proven
q valid judgment against his client. On
claimant 10 certainly elected and the resl6
nation OF the other wouli not fnall
determine the rights OF either. The onl
speedy and efectual remedy suggested wa
for both claimants to resign, thus creatin
occasion for your sxcellency to fill tn
vacancy by appointment. As your az
pointee would hold by authority {
appointment and not by election. hi
official prerogatives could not be que
TONED. The peculiar responsibilities
ldicial Office are such that to the right t
perform it's functions should attach no CT
culastances of alleged Irregularities {
suspicion of fraud. 1t would
especially fortune il out OF tt
Oh eHo pIoeouO Juulcldl nGAnKiououo SuS
adjustment could be effected as woul
speedily secure for this district a judge
clear title and unquestioned jurisdiction
!, Neither claimant is inflated with the arr
CANT conceit that the electors OF this dl
trict care much which succeeds in the CO
test, but are mainly concerned that son
speedy and adequate adjustment be
fected. Both claimants coincide as to t
Importance of a prompt and final soluti'
OF the controversy by either a compete
I tribunal or an agreed settlement. L
former method is preferred by both, but
little prospect of such decision at any ne
appears, each has signified to tho other
willingness to adopt the only remaining
course and tender to your excellency l
unqualfi ID resignation. Upon the ass,
ance of my competitor thath will this d.
do likewise, I herewith submit the enclos
resignation, believing that your excellen
in filling the vacancy by authority OF t
constitution of Montana, will take gu
action as will best promote the public
terests. Very respectfully,
= T. I. HAMILTON