Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-11-13
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SCENE OF CONFUSION.
There was a scene OF confusion in Ii
district court IN this city yesterday whe
: Judge DeWolfe announced from Ii
bench the admission of Montana into th
union as astate. for immediately Their
/. upon there were two claimants to 81,
coed him. According to the law judy
DsWolfe Is required, after the pr6clams
ton Of admission, TO vacate his Office t
his successor who shall have been electe
? and qualified. J.J. Mediation and L. .
Hamilton were respectively the Demo
cratic and Republican candidates at th
, last election for the Office Of distric
Judge for this district and both claim t
be elected. They both took the oath 0
Office. both we're in possession Of certif
Gates Of election and these, with tn
legal evidence Of qualification, were pre-
sented to Judge DsWolfe and each claim
ant made . demand for the Office. Judg'
DsW0lfs confessed his embarrassment
and after eounseling temperance and
wisdom invited the members Of the bal
tol discuss the condition that existed
Prominent members responded to the
invitation and 1t resulted in both claim
ants Withdrawing their credentials with
out the surrender Of any rights until
next Tuesday. This bridges the matter
temporarily. but it is simply a postpone
ment Of the evil day and THE MINER can
see no reason Why ii should not have
been settled yesterday and settled by
Judge DsKolfs. Either Mediation or
Hamilton is elected 10 succeed Judge De
Welfs and the one 80 elected, having
qualified, Is the one In whose favor Judge
DeWolfe should have vacated yesterday.
It would seem that there should have
been no difficulty In determining that
matter for Judge DeWolfe had already
determined it In j. j. McHatton's favor
in the Judgment which he rendered in
the very recent mandamus case In which
he. Mediation, was the rslator. 1t is a
matter Of record in the district court in
this city that by virtue of that Judgment
J. ]. Mediation is the successor Of
Stephen DsEolfe rs the Ejudge of said
court. He has . certificate issued by the
clerk and recorder for this
but in the absence of any certi-
icate. having qualified, the records of
tho court declare him to have been
to the Office and he is. therefore,
The rightful and legal successor, and the
'nly one, for there can be but one. If
is the legal successor-and the judg-
nent of the court has declared him to
'e-upon what principle of law, fairness
n order. is the ofice!withheld from himp
L. J. Hamilton was not elected-and
he records Of the court declare that he
Hot-what right has he to demand
he Office. though it should require an
xpress wagon to transfer his certificates
nd though he should qualify before
very man in Montana who has the legal
light to ask him to hold up his right
and2 This matter of who is entitled to ]
old Office in Montana has gone beyond
ne affidavit and certificate alleys in
'hich the bulldozer. stands in the dark I
ess Of . shadow with a sandbag to I
hump his victim into submits '
on; 1t has gone beyond the slums of Z
Funkenness. the haunts of bribery and I
leI brothel of perjury. Holding up right Z
ands. and the traffic in election csrtif- II
ties has become monotonous in Silver u
w county, and the honest people of j
o county irrespective Of party demand u
at the man who has been elected to I
office shall have it without first in "
firing to which of the two political
rites he may happen to belong. It
8 come to be q question of right and
t of party and the right must and will
syail. Let there be no mistake about
ls for there are men in this county who
! In earnest and they will stand by the
n who Is right to the bitter end with
asking him his politics. The reign.s
The convict. Bernard, Is over and the
pie sre upon the scene with. a deter
nIation that means the triumph.of w,
ut, or anarchy rather than the,triumph -,
90 wi
SO DOES THE THIHF, un
anvassing Board Hall counted the