Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-11-06
ANOTHER WRIT ISSUED.
Judge DeWoIfe Again Com
mands the Canvassers to
Count the Votes.

as mands the Canvassers to
Ell Count the Votes.
. Respondents Demurrer Over
ruled-Legislative Candi-
y. dates Happy.
. From Fridays Daily.
!, Yesterdays proceedings in the famous
; mandamus cases that have pratuitously
! advertised Montana, and Butte in par
! ticular, to an extent seldom reached by q
! new territory and her principal city, were
, marked by extreme lack of interest so far
as the general public il concerned, and by
multifarious technicalities 30 far as prac-
tice was involved. The day was not bar
rem OF results, however. The Republican
OF mandate was overruled and a peremp-
tory writ OF mandate was issued to the
board Cf election canvassers Of Silver Bow
county, commanding that the votes ofPre-
cinct No. "a be counted for Messrs. Court
ney, Day, Dusseault. Hogan and Gilligan,
i~slature, each OF whom received in
that precinct q majority OF 1888 votes, or
thereabouts, in q total of TIA votes. In
everything calculated to claim the atten.
ton Of laymen in the law the day was do |
L lnp0na Evan in tha m altar nj rotort annr. L
teous there was q dearth OF smiles. At one
| time Judge Knowles expressed the wish |
| that the proceedings would be continued |
| for SO long a period that he would nave
time to shave, and the court laughingiy
responded that in the opinion of the OPP
position he had been Shaved" already.
It was expected aDdhoped that the court
would give his decision as to the right of
appeal and stay OF judgment, but, when
that decision was postponed, the few ex-
pectant attendants withdrew and for the
remainder OF day counsel addressed only
the court, the reDorters and the emp.y
benches. No attorney had aught to say
about political speeches" on the part Of
an opponent; in fact the business was
transacted so dispassionately than only
by the closest attention could the man not
skilled in the law determine what had
been done.
Judge Dixon made his temperance
among the counsel for the REALTORS and
Judge Mcconnell once more lent his voice
to the same cause. William e. Hall was
one Of the few visitors, but his stay was
limited to the time required for the attach
ing OF his signature to a notice of appeal.
The Morning Session.
II wish to present an authority from the
supreme court of the United States,' be-
san Mr.. Campbell, ION the right of appeal
and whether that appeal acts as a su- I
peresdeas." =
Mr.. Toole requested the indulgence OF the r
opposing counsel and stated that on. &C.
count OF his and Judge Kirkpatrick's
unfa familiarity with the ~pleadings, he would g
like time to consider the matter and pre- t
sent authorities before q decision was v
given. !,
The counsel for respondents made no !"
strenuous objections and the court ex- n
planned that he was willing that more time ="
should be taken. He had q term of court a
1t Missoula on Monday, at Deer Dodge on e.
Tuesday and he had q criminal cause for p
in Butte for Wednesday. Judge
Knowles asked for at least enough time in a
which to get shaved and Mr.. Toole OK. q
pressed the opinion that the business of o
he state ~canvassing board would not be IN
with by apostponenent in Silver p
Bow county. RI
The court, before granting the c~ontinu- ii
nee, called the attention of the council of u
ach side to what he regarded as the most j,
important point involved, and that wal as III
o whether Mr.. Hall could authorize the ii
'ppeal in Mr.. Jacks absence, and as I'll
o whether respondents ATTORNEYS were
authorized to ask for the appeal. RI
Mr.. Campbell-Of course we hold that al
ur retainer was from Messrs. Jack and to
iall jointly. and that it was continuing !si
! it's character. Ju
A postponement OF argument on the .
ght OF appeal and stay OF judgment was o.
greed to, next Wednesday being named as an
he day without definite hour. what DC
lrther is thereP" the court asked.
Mr.. Campbell brought up what he said IN
Imported to be an amendment to the writ an
mandate issued Oct. II to the beard of tn
and County Clerk Booth, made :
Nov. z, directing that the votes ms
Precinct "a be counted for the ten w
candidates, The amendment
'ncerned only five of the ten candi- :
ates. He wished to present an answer to
at amended writ. thu
Mr.. Toole entered to such an answer the Gle
me- objections urged the day before-that -.
unset on the other side were not author. 'o'
ID to appear for the respondents. SIN
discussion as to Mr.. C~ampbell's sworn the
atement OF Thursday followed, and a nv
urr stenographer. Thereafter Mr.. the
.mpbell submitted a motion to quash on wal
Q ground OF the personal disqualification con
the presiding judge. ~.
The court explained that in the matter 'ics
personal disqualification his position eve
srefore taken was taken solely on his At
ling OF delicacy and not because he felt min
ut he had any personal interest in the n
lnting Of the votes. He knew as a mat. EHe
OF iact that he was not interested as a os 20
OF
dr. Toole upheld the court by citing the MIN
'ein which Senator Ben Wade took part G0u
the impeachment proceedings of Presi. Ine
It johnson, even il Mr.. Johnson's re. aoo
,ment would make Mr.. Wade his suc. Oh
sor in the presidential chair. Judge De Dow
life wed a duty to his constituency as iowl
, Wade had been indebted to his. l.,
Judge Knowles thought that the court nenl
|, interested even if the result of the az tb
mt did no more than decrease the ma. 1850,
ty against him. and Z
n, Toole pointed ont the d;aic,,t;os missi
4 vonld ar;se in COCO ~ ohau.a - rI" certii
....L.. venue cOun
,sed the belief that nothing but actual couni
qualification should a~ctuate the court Mr.
he matter. and
he court-I think that the ruling 1 Judg
lie when this question came up the other were
wal the right ruling and yet it would and
ndelicate for me to make an order that day
Id result in counting votes for myself. brief
ldge Kirkpatrick-The object OF this After
is pot to compel a count OF votes for he p
but for five legislative candidates. dress
10 court-Then what are we talking Whit
ut all this time? I make the same rui. erner
70 before. lively
CampDei took an exception to the In n
g and asked that it be noted. He the alb
hen filed a demurrer to the writ, forthe vasser
stracte
there Is q misioinder of parties "a re- alread