The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-11-13

not been elected by the people. II there
was any dispute about his election, there were
counts open 10 any contestant, and they
would force any unlawful incumbent to give
up his office, II he had obtained possession
Of il in any way. IL was not merely GER
tiicate, piece of printed paper, that en-
titled q man TO oilice-it was majority of
the votes of the people, cast at lawful
election, that entitled man 10 an office
He himself received this majority. II Mr..
Hamilton could show or wished 10 try 10
show that this majority was Illegal,
OF obtained in any way
in an illegitimate manner, then
he had an adequate remedy at law and
could bring his grievance before courts of
competent jurisdiction. Judge Mediation
then referred briefly TO the anticipated trou-
BILE, and deprecated any excitement. lie
said that any public excitement was un-
called for, ns the matter could be settled
quietly and without disturbance. He did
self, nor any honorable office to which he
might aspire; Mother did he come here 10
be robbed of his rights lie had no personal
feeling in the matter; his personal
choice had been 10 keep out
Of politics altogether, and he hnd
endeavorod 10 do 80, but he felt that now
he represented the people, and would in
sist upon their rights and his to the Office 10
which he had been elected. lie was quito
willing 10 give MIR. Hamilton credit for per-
sonal honesty and the conviction that he
wns right in this matter. With the consent of
his opponent, Judge Dewolfc might con-
slider that the certificates of election had
again been presented 10 the court.
Absolute silence prevailed when Judge
DeWolfe began 10 speak. lie compli-
mented both the gentlemen who had
spoken on the temperance and moderation
of their utterances. He said they had both
spoken in manner 10 reflect the highest
credit upon themselves, both ns members Of
the bar and as citizcns In speaking 10 the
question nt hand he was constrained 10 say
| that his opinion WIS TINT the court m nj
present constituted, could not decide any
thing, even IL he were disposed 30 do 30;
he could not decide which Of the gentlemen
was entitled 20 he his successor. There
was something. however, which the public
ought TO be told in explanation Of
his conduct. The court knew that the
returns of Silver Bow county had
been forwarded 10 Helena in an incomplete
state and had been canvassed by the state
board without precinct "a; the court knew
TINT the state board in issuing n certificate
10 Mr.. Hamilton had acted ON incomplete
returns; hence IL the action Of the board
was wrong originally, no certificate ISSUED
based ON that wrong could be right. II,
would not controvert Mr.. Hamilton's state
ment TINT his certificate WINS prima faci'
evidence Of election; in fact, he would MOI
go into discussion Of the question nj all
lie would not, however, stultify himself b,
disregardmg the order of mandamus ISSUED
by himself in this very case. The situation
confronting him was one of great embarass
ment lie would simply cut the Gordiar
knot by adiourning court sine die. II,
called upon Sheriff Lloyd 10 adjourn Oh,
district court of the second Judicial district
of Montana territory, and the sheriff com
piled 10y repeating the usual formula.
Judge Dewolfe then left the bench ant
walked down the center Of the room anC
took upa position by the railing. 1hcn cOm'
n moment Of intense excitement, aud every
eye was fastened oD the twohspirnnts. judy,
Mediation rose aid slowly walked up th,
steps leoding 10 the judges bench, Will,
Mr.. Hamilton remained motionloss. Judg,
Mediation sand: "Sherili Sullivan will cal
the court 10 order" Mr.. Sullivan rose auc
opened court. Judge Mcllatton appointed
W. +. Cation court stenographer aud pro.
ceeded al once 10 the transaction Of routin,
business. The crowd slowly filed out m th,
individuals composing IL became convinced
one after another that there would be ne
further friction. Judge Mediation con
tinued the session until o'clock. when IA,
adjourned court until O'Clock Tomorrow
morning.
Mr.. Hamilton declined 10 discuss hi
plans with your correspondent, but is eyi
IDENTIFY sick Of the whole business and viii
not contest il further.
IT IL reported late tonight that the mex
step Of the republicans in the election con
test cases viii he To get writ of prohibition
from the supreme court Of the state forbid
ding Judge Mediation from holding court