The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-10-30
Another Day Consumed in the Con
test Case by the Republicans
in Dilatory Motions.
Legal Quibbles in no Way Affect
.ting the Main Question the
Principal Business.


BUTTE, Oct. Special. The second
day of the great mandamus proceedings has
passed, and the mists and haze of trivial
technicalities with which the republican at
torneys sought TO embarras the cause, have
at last been dispelled. Bedrock, 80 10 speak,
has been reached and tomorrow morning,
unless republican ingenuity can devise un-
heard Of means for causing delay, the trial
This should have been done forty-eight
hours ago. and the courts time and the
the peoples money have been wasted by two
days of needless delay.
Judge Dewolfe's decisions to-day have
been marked by that firmness and
impartality 80 characteristic of the
man: so absolutely non-partisan that
man who would impugn his
his motives would be overwhelmed with
tide Of popular disapproval in this city
that would come alike from republican and
democratic sources. When he decided this
morning that he could not sit upon a case
in which he WAS asked 10 issue peremptory
mandamus 10 have the vote counted rs 10
himself the republicans were loud in their
approval. II was another case Of the jew
in the Merchant of Venice, who cried, "A
Daniel. Daniel come TO Judgment" but
when in consonance with his yesterdays
ruling, the point being made, Judge De
| Wolfe ruled that the writ might be amend
ed SO as To leave ont that part which in
volved himself. republican jaws fell at this
announcement. and praises of Judge De
Wolfe were suddenly dried up at the fount.
Mr.. Campbell continued 20 file his excep-
tion at each and every adverse ruling of the
judge, So that AN appeal. in case of an ad-
verse decision. is now n foregone conclu-
sion. II is evident that legal contest of
importance will yet be had on the question
AS to whether an appeal in this case will act
as stay Of proceedings or not. The wis
dom of setting the case week before the
opening of court is becoming more apparent
every hour. There is even now. owing
to dilatory tactics probability that the
case will run over into next week aud inter
|
Court met at 10 o'clock. aud after
disposing Of the reading of the minutes Mr.
Campbell took the floor and began 10 ad
duce reasons in support OF tine motion
which had been filed the preceding evening
10 quash the writ. He asked leave to amend
his motion by the insertion of few words,
which was readily granted by the court, no
objection being interposed thereto. In sup
port Of the first ground of his motion,
which was to the effect that the court had
no jurisdiction of said defendant board, be-
cause the writ was made return
able at an earlier date than
the return thereof was authorized by
law, be stated that this proceeding differed
in no respect from the ordinary action of
law, and that because that in ordinary
actions ten days were given in which to
answer, il necessarily followed that limi-
tation of that time WIS illegal. He stated
that the writ WIS issued OH the 22ud of De
tober and made returnnble on the 2Sth.
which provided for only lapse Of six days.
AZ this stage the court called Mr. Camp
bells attention to the provisions of the stat
ute goyernerning the issuance of writs
of mandate. and 80 clear and unmistakable
were the provisions Of the statutes relating
10 the issuance Of the writs, and SO much in
accord were the steps taken with its provi-
sions, that further argument on the first
ground of the motion 10 quash was Hban-
doned.
He then took up the second ground, which
is "that there two other writs other than
the one herein now in force commanding
the same act ca be done and performed by
| the same defendant returnable at another
day. to-wit: Nov. 7. 1889, and forthwith be-
fore the same court and same judge" "Your
honor ON yesterday" proceeded Mr.. Camp
bell. 'held that the title of the party in
those proceedings should be the territory Of
Montana. The person at whose instance
these proceedings are instituted is simply
an informcr. and puts himself simply in
the position of one who gives information
in criminal proceeding, and such being
the case there were three proceedings in
stituted 10 accomplish the same purpose,
and for that reason the court could not ao-
quire jurisdiction Of any of them"
Campbell then contended that Mr.. Nc
Hatton had no right to the issuance of
mandate requiring ministerial body 10
discharge public function or duty because
the performance Of that duty would rebound
to his advantage personally, and that be
was relegated 10 some other remedy. al
though what that remedy WIS he did not
state. 1--WE have" exclaimed Mr.. Camp
bell, been commanded 10 count the votes
Of precinct No. - for nll Of the officers
voted for at the election held ON the first
day of October Il st at that precinct, or show
cause on the 7tb day of November why We
will not. We may do that before that time.
and should be afforded that opportunity
which is denied Us by the issuance Of these
other writs."
Here again, the court dealt some sledge-
hammer blows TO the castle which Mr.
Campbell was so adroitly constructing by