The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-10-29
FIGHTING FOR DELAY.
Republican Tactics in the Contest
Case Tending Solely to Keep
Back Statehood.
Technical Objections Urged to the
Mandamus Writ, But an
Amendment Allowed.
Another Motion for Delay which VIII
ne Argued by Roth sides In Court
This Morning.

| This Morning,
BurrE, Oct. 2s.-[Special. The first day
Of the great legal battle has come and gone,
and il has left the matter exactly were it
was, the whole day having been wasted Oh
a mere legal quibbe raised by the republi-
can side of the house. The whole effort Of
the republican counsel is directed toward
producing delay, in the hope that some
thing will occur to put a stop TO the pro-
ceedings; either that President Harrison
will proclaim the territory state, or fail
ing that, that Judge Dewolfe will be re
moved by the president The reluctance
with which they approached the argument
is proof conclusive of this fact. Judge De
Wolfe acted with the greatest fairness,
Twice during the day he stated that, realiz-
ing the magnitude Of the cause and the Inn
portance of the issues involved be wns pre-
pared 10 give up his entire time to the CASE
and grant everything in reason Ia the at
torneysiin the way of allowing them time
TO prepare their answers. II was noticeable,
however. that his disposition WIS TO brook
no unnecessary delay. us WAS shown when
Mr.. Campbell asked for twenty -four hours
in which 10 get ready 10 reply to his
own motion. The law of precedent in the
district court gives the opposing side the
right 10 twenty -four hours time in prepar-
ing an answer to motion. This Judge
Mcconnell cheerfully waived, and wished
to proceed to argument at once. Mr..
Campbell's only excuse was that the service
of another writ ON the board Of canvassers
TO advance the date of the legislative
cases, embarrassed him in the argument Of
his motion. With great indulgence, but
with evident reluctance. Judge De Wolfe
consented TO adjourn court until 10 o'clock
tomorrow morning.
II is very apparent that he intends 10 try
the case in an entirely bipartisan manner,
and there in no one in Butte tonight who
questions his fairness. An indication of
the way in which the republicans hope 10
secure still further delay IL found IN the
filing of an exception by Mr.. Campbell 10
the ruling Of the afternoon. indicating that
an appeal will be made and an effort put
forth to stay proceedings in this manner.
rnE CASH IN couHT.
The court house clock was striking 10 this
morning when Judge DeWolfe entered the
district court room and asked Under Sheriff
Thomas 10 announce the opening of the
court session of II court has never been
inangurated in Montana in the presence Of
a more brilliant display Of legal talent. q.
W. Stapleton, Jadge Mcconnell. T.. W.
Ioole, w. Y. Pemberton, John y. Forbis,
Sam Word, j. J. Mediation and NJ. Kirk
patrick, distinguished democratic members
of the bnr. were present, while Thompson
Campbell, Judge Hiram Knowles, George
Haldorn and +. T.. Mcbride were
present from the republican side
Of the house W. A. Clark and S. T..
Hauser. A. }. Seligmnn, 4. G. Power and
Lee Mantle were among tho hcprominont poll
iicians present. while scarcely a corner Of
Montana was left unrepresented. At the
morning session Judge Mcdonnell and Mr..
kirkpatrick only appeared for the plaintiffs
in the cause, while Thompson Campbell
and Judge Knowles appeared for the de-
tense. In the afternoon session the demo
cratic side was strengthened by the addi-
tion of Warren Toole.
The court room was crowded, every avail
able inch of space being occupied The
court stntcd that the grand jury yenire was
not rcturnnblc until next Monday morning,
ard asked il there were any motions. Mr..
Campbell took the floor and stated that he
had n motion To file in the case entitled the
People of the Territory of Montana tx rein
tione j, j. McElatton w. w. NJ. Jack, W.
4. Hall and Caleb Il. Irvine. the board Of
canyassers for Silver Bow county, nc the
election held October |. lie supposed the
court was familiar with the prior proceed
ings. and would not go into detail. The
court preferred that be should be
minute, and accordingly Mr.. Campbell
read the petition ON which the
writ Of mandate issued. and then
the writ itself. He then asked leave To file
his motion without the usunl twenty-fonr
hours notice, and Judge Mcconnell con
sented. Mr.. Campbell then rend his mo-
tion. which demanded that the writ be dis.
charged az it was really no writ. in that il
did not issue IN the name of any territory.
government or sovereignty known 10 the
law. His point, diveated of yerbiape. was
that the writ should hnve reads "1'hc ter.
ritory Of Montana, ex rel etc." instead of
"Ihe people Of the territory Of Montana,
ex rel, etc"
The point WAS the merest kind of A tech
nicnlity. The writ Of mandate was a pro-
ceeding of very ancient origin; il was n
very high perogntive. In old English Law n
WIS issued only in the name OF the sovereion
and TINT was still the case i'm Enplnud. I'M
this country custom had worked differently
and private citizen could petition for n
writ Of mandate. In this case MclIntton
WIS found appealing for a writ of mandate
on behalf of the people of Montana The
court could not issue writ
except in the name of consti-
tuted government. Mediation applied
not M a candidate Ia private capacity,
but AS all candidates. The Montana stat.
utea required that such an action be begun
IN the name Of the territory of Montana.
nnd not IN the name Of the people Of Mon
tana. Mr.. Campbell then rend authorities
m support of his position, and asked that
the court discharge the writ.