The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-11-08
RIGHT WINS A VICTORY
Sudge Overrule. the Motion Made
by the C0nspirators For asa Appenlo
-An1ther Decistoa That Puts
stop tn the Legal W rangis.

stop tn the Legal rsnEi
Special Correspondence Of the standard.
BUTTE, Nov. 1.-District court opened at
3 O'Clock sharp this morning. There was
N large crowd of spectators present to
hear Judge DcWolfc's decision upon
whether or not the canvassing board had
the right tn appeal from his order conn
the issuance of u p~crciuptory
wri, of mandanus ordering the BOARD of
canvassers to count the returns from
Precinct "a. The learned judge briefly
stated that he had carefully considered
the ease and had come To the conclusion
shat the board had no right to appeal. He
rendered his decision merely 10y making
this statement for the present. He said
he would hand down u more lengthy
statement of his opinion later, wherein
authorities would be quoted. The follow
ing is his decision as rendered to-siay:
In these eases l have not had ~ opportunity
"a examine the yarioiS authorities cited ANA n.
ferred u by counsel; and hence, inasn,inch a. I
stated, mt t,e adjmirnnrnt "f c"urr last evening,
that l would decide TINS question thus mnrniig,
Oh. authorities and my view ri the law Will Per
IL is no, necessary for me To review what was
done IN TN. matter, Lhs court, IN its rul,ns here.
upon this canva>sing board was purely a minis
sier,sa Init i, wa ss's as !, simple, %rS s as .se s,aa %a.s , " a
column OF ng,ir.-s. They, in disrrgard of What
The statute. Went OUT side In" ,,mn. Of incir aa.
s shS a,a a ssa mI,i, TO- to-! la nr &c, % r IN. n:..aTs Of
had been, In every respect, in conformity with
The court held that this was beyond the prov
ince OF the eanyassing BIO ard. anu, L,r,ce. granted
70 count the returns FROM tins pr..Inct - Tor the
IT,; tst' e",rt II ,M NON" %%. rasts Of ff f%is , "asr,l lH isss@ ,%s. .a
AN appeal 10 the supreme couIt 81 the TERRITORY
appeal be heard.
no dsuat, III .i%i'efsstins as legal PROPOSITIONS First.
whether this is ~ Judgment ii. the regular action
nrssssdins. wheshsr an aiSsai and : ! sli..iai
be- reviewed ON ;Itpsstt. or whether II should
be taken advantage OF by "a writ Of error. Ali
. .4sSsi r i%'l ya and sla i,'%!.is '' Sy ssams,i Hi Ss, ' i d"
s s"s s"a ih s & is S'i n,. my HlsT -, %t m .nt a. ,a .is, - .: any
Of these poiu,s, and l shall leave them Ia he de
i:oakinr into THIS action, and IT'S results, from
Z different sianipnin, having a.,i. rs I a,i
this board transcenic,i its power ia III. action
rinct- the question: presents Itself linen, should u
hazard. constituted according I. law ~ The per,
peal, II defer the rights Of parties, and tlus oil
struct, as may say, tn, entire Wheels of gov
TINS is tine IAint for the court t. decide.
Not oiiy do the REALTORS Ia these eases iav .
rights. hn. the p"niir l,.:n r'si,,s M r.lat"ro ar.
th,y were sent T. Inc h"ari Of ssnsassrrs: .iI
the people, haze ne right I. have Tin. men win.
granted "A ccrtii ate for their oui .rs.
VIII Tine claim inM l tS h:.ss 'i i.s i,'' injured Eas y Ivy ~H ls..al ,iSn,
notes w, Or by Ir"ri ,x wl,c "a, Al, a ,,.s not I'm, ~ 9 ,n ai,n \,
brought up and d.iermins.I.
n. w ' n ,s.rf fs.ser ri III t ann the law 81 affords. NOE hs' ii, sn,
full and ample ma .hinrry for Them To- contest
amy , etns% pr"ei%s, in this county, aosrwii,stsnd
inS the tas. that ,h. sanya;sins hoard s.un,s.
review. and. maly Of tie votes east were Illegal
way 81 determining what were and what wer'
Hut is this particular cas-. I cannot conceive
eannoi lsli:ye that IL was e.sc The inteniio,
Of the iegislasnr.,: that a. = canya ssins board si''"'
ii + ns;dlsss for me 20 say wna. wen,
! Ss , ass s' cases Of T ffs"t''f %re,a.ors s"''i IL ii
! ssSs Of e' ;Ss state Ss" y M@,sns;; il ,%s ssriii;';s
props S%sper y . rajsy r.s'' Mere N ssn q; T' Would Ss, =
t .i..s" lx ,r,."s sr ts,,,i' To II Hfi they y are " d.Ssl. I'd T ii,Ss
Gsr,..lsiS 9ns armi,srs si sssS hsass arr IN
t%dEss Of ,hn s,.Iisi%n rs Hun !. a s,I I thai 5 mon non
ministerial board should have tie right to IL
s sas maSr t"i IN In. .sonismpiaiiSn oi The .iegisit
tnre. and il would he SO manifss'iy mroyyI i,
Kind. thai this motion I" grant "a suprrse'ieas
Whaie.er may IL. said in regard /, the aclio
9" :" H., ns , sa,ri n n r, SsnI 4 ,rs IN, r., rish, a OF 2 m,.j urn
that I express no np.nion, hut | do M, inlain.
s TAINTED si.> and ! TAI ;ai , i s' Mrit si,S.iI S Sa' Nude oI ~.
'mptory.. AMI should he obeyed by the Isi.ties
Mr.. Campbcli In order that no mi~nr
d"rstan,:ing may occur, desire 10 Ht:,'
for superscdcas, aud stood upon the al
peal bond that we filed. IL was tacitly ui
dcrStODu between cDttiiStt titt tlc WI
was To remain in allegiance until II was a.
s.idcd by the court whether or not the "a
peal bond would operate IA. u supcrsed.a
Tho court: \ pcrcinplpry writ IL. of rrirs
percmptory. as the very title "f The writ aciin
itself. ana - a command To the canva>stng i'ss,
Ia count the votes east AT Precinct - for tn" rcl
tors i'm these cases.
understand that these writs were withha
pending this decision, aritiir ruling OF the cot
viii he, now. that "a prrriIitory writ issue In ei
of these two cases.
Ibid intend To write AN opinion in this cas-
but, having decided the main point heretofol
and, AS the mrinl,ers OF the bar We'll Know. as
am so fully occupied with the duties before I
court, I think I viii not file Il written opinion
these cases.
ON TRIAL o EMBELZlEMtNT.