The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-11-01

issss found d. s:sa.a: srem % siivs:
Bo. oosnty 70 be shssns and smPo.
g: :s'd .h S'o, s;..a-.srs w' s, ss.o'';s !. s': :ss
q. .pecial mss.snees and take b
.ssSs" g e ca as.s~ Chez. m s sss1s. sn sie %.S. a
formal demand tor the returns as prepared
by the hnard Of county commissioners.
cision, rcfsssed 60 fIrnish the hoard's re.
tnrns. hut offered those which included
s %s sssrs sss%. rS S.rsincs' M MI ss ssSo :n.
jagged ~ deputy. e.. II. Gasman, and en-
trusted to him tl.s, returns. In a Few min:
Helena. On tho Mants"s csmsEai r"aG.
containing, i is said. as it's chief burdens.
| Of returns, and certificates OF election is-
sued by County Clerk Booth i'm accord
ancc with the courts decision.
Although the precious hours OF ths, day
were fast siipping by, no action was taken
by the Democratic lawyers to enforce the
order Of the court and WARREN Toole snid
board Of canvassers until argument on that
appeal had been heard. A the court met
Campieli Immediately rendered an under
taking ON appeal. Mr.. Kirkpatrick oh
sss.sa x W any n'i To s%w asked al , ap,t San ~ ' ~.
Campbell. asked Of the clerk Il the papers
papers had not been filed.
them - demanded MI. Z nnDlH.II,
because objections had been made to-
filing the papers," replied the clerk.
Mr.. CaInpbeli insisted on tho right to
file any papers he chose tn.
Attorneys are stepping entirely outside
Of their authority" said the court, ''whcn
To t"t What SS" he IL Is to n' do. "" There srr' Is a ' prn S.srs and nd
tain his rights"
After this little by-piay. Mr.. kirkpatrick
took the hoor to Oppose the motion for an
appeal. He said:
My reasons are: First, that a Judgment
I'm a mandam'ls Ia not appealable.
Second. that a stay of a pere,nptory
execution of amy bond. .
Third, hecahse of this affidavit" -
Mr.. K~irkpatrick then read Avn affidavit
from Caleb r. Irvine, probate Judge and
memhc of the board OF -canvassers, stat
ing that no meeting of the board of con-
counting of election returns and the ex-
clusion of returns from precinct "a; that
the board had taken no action anthori.;
the board. left the territory for the east
ing IF tile board and is still absent from
the territory. and Is not within the juris-
dic,ion OF the court; and that the niiiant
ours ina and wishes tn abide by the de-
After reading the affidavit. Mr.. Kirk
| patrick said:
Accordingly These. attorneys have not
been authorized to give notice of appeal,
ask n stay of proceedings or take any ac-
ton whatever. The board of canvassers
members. # cannot act by individuals.
1t appears from this la that only
two Of the three members OF the hoard are
i'm town, that the other one is out Of the
Jurisdiction of the court, that the board
has taken no action in the matter. and
than for Mr.. Irvine alone to authorize an
| appeal. The board has not acted in this
matter uor has IL authorized this action.
These attorneys therefore represent no
Haii-he alone cannot bind the hoard.
An SpGsal sro" this Judgment must he
AT this point Thompson Campbell
PRACTICALLY arose. raised one hand far
above his head, and said i'm SOLEMN nc
Never before In my legal career
right to appear. I desire to be sworn so
sha, I may show my retainer by this
Mr.. Campbell was sworn by the clerk
and then said: mir. Jack came to me
about 3 O'Clock on Monday afternoon, the
time OF the service OF the first writ of
mandate. He told me that he desired me
to appear for the board i'm NIL proceedlngs
court. 1 said lac could. Now, I have a
perfect right to represent Mr.. Jack for
"Let us know remarked Mr.. Toolc. "if
You please, where your affidavit ends and
The hint was taken. Mr.. Campbell
took his seat and Judge Knowles began tn
talk. Thu Judge said Il was unhcard of m
judicial proceedings for IL tn he necessary
that the party themselves must authorize
AN appeal.
"Have You any authority for an appeal
i'm mandarnus ?' asked Mr.. Toole.
Mr.. KnOwle said that he had, and
quoted IA statute to show that any party
aggrievcd might appeal from the final
Judgment i'm an action or special proceed
inRs within one year after the first entry
of Judgment. Mr.. Knowles made one of
his famous exhaustive addresses, and was
succeeded by Mr.. Toole. Mr.. Toole said
there are only two acting emf of the
board OF canvassers at present. The
board has taken no action regarding the
appeal, and the appeal IL accordingly un-
authorized.
The court asked whether counsel could
not represent the board just as counsel
represents a corporation. Mr.. Toole re-
piled that n private corporation IL I'm effect
a. private individual. I'm this case this
board never employed this counsel and
never took action i'm this matter. Messrs.
Jack and Hall. we are told. individually,
employed COUNSEL. but the board Of can
vassers never discussed the matter at any
meeting. and never employed any counsel
"Who appeals i'm this case ?' asked the
court.