The Helena independent., 1889-12-25
.RUMP CASE IN COURT.
The Attorney General and the Sena-
torial Candidate Argue Rump
Roberts Case in Court.
The State Loses the First Round
of this Queer Legal
Battle
A Little side Talk About Precinct Thi ty-
-Four for the Amusement of
the Spectators.

Attorney. General HenriJ ]. Haskell showed
fight when the Roberts case Was called up
before Judge Hunt yesterday morning.
The attention of the court was taken mp for
about half an hour in hearing other matters
before Haskell was ready 10 argue his de-
murrsr. The War Horse and his colleague
in the case, Thompson Campbell, who rep
resent Rump Roberts side of the case, sat
side by side and idly watched the court
proceedings going on before the case was
called. Several members of the legislature
came into the court room and had seats
near the door. Up in the narrow gallery
about twenty spectators leaned over the or
namental iron railing and viewed the scene.
Every now and thea some member Of the q.
o. p. went over 10 the colonel and chaffed
him about the senatorial slate which The
IspEPEspEsT presented TO its readers yes
terday.
After disposing Of the business before
him the pale, intellectual looking face of
Judge Hunt turned towards the attorney
general and then TO the Roberts counsel
and the Judge said: Are you ready 10 go
ahead. centlemen!" Haskell took a posi-
tion c. sse 10 Clerk Bean, his left hand rest
ing ON copy of the compiled statutes while
he used the other hand to saw the air when
he thought IL necessary. he had filed de-
murrer 10 the petition of Roberts, stating
that the petition did not state facts sufficient
to warrant the state auditor IN giving a
certificate on the state treasurer for the
amount claimed. "One Benjamin Web
ster," he said, "has certified 20 the correct
ness of this alleged claim. Who is Web
ster!' He argued that in setting forth the
claim for per diem and mileage IN the petit
tion the attorneys for the relator had not
been specific enough. The nomination and
election of Roberts as n member OF the
house of representatives of the state OF Mon
tana should have been set out in the petit
tion. He then called the judges attention
TO the fact that his honor had been at one
time a member of the legislature and was
familiar with the mode Of procedure by
which members secured their pay and mile
age. IF they are the house of represent
atives of the state of Montana let them
90 ahead and legislate and get their pay. i
am here TO guard the state treasury"
shouted the shrewed- faced, keen-eyed, little
attorney general, his iron gray hair bristl-
ing up in cattle array.
He further maintained in his argument
| that the provisions of the compiled statutes
in so far as they applied TO the pending case,
of the state constitution which provides
that "the governor, secretary of state and
attorney general shall constitute board of
state prison commissioners" and among
other things shall examine all claims against
the state.
He also argued the second point in his de-
murrer, that the petitioner had not
recited in his application for writ of man.
date Of which house of the legislature
h.. la. ii A. l.. .s.A
Haskell did not seem TO think much OF and
did not press il on the court. Then il came
the Warhorse's turn 10 have his innings.
He took of his gold-bowed spectacles and
went over 10 Haskell's place, put his glasses
on again and hunted up page O6 of the
compiled statutes and quoted from section
566 as to the writ of mandate; by whom
and for what purpose il should be issued.
He next read section 12l of chapter 10, re-
ferring 70 the auditor and treasurer, which
says: "He shall audit all claims against
the treasury, and when the law recognizes
claim, but no appropriation has been
made theref or, shall settle the claim and
give the claimant certificate
thereof and report the same 10
the legislative assembly" Section 20 of
article of the constitution had nothing -
do with the case before the court, he argued.
The section which the attorney general
claimed had repealed the law as applicable
to this case. provided that the governor,
secretary of state and attorney general
shall constitute board of state prison COM
missioners; that they shall constitute a
board of examiners, with power TO examine
all claims against the state except salaries
or compensation of officers fixed by law,
and perform such other duties as may be
prescribed by law. The Warhorse said his
client was an officer within the meaning of
the constitution; he had received his certi-
hcate Of election; had gone 10 the place
designated and had taken the oath Of office
as member OF the Legislative assembly and
his credentials had been passed upon by
committee OF the house. His ellen had
earned the money which was due and
wanted his pay.
The court then overruled the demurrer of
the attorney general, and Thompson Camp
bell took a hand in the case by asking for
the issuance Of the writ forthwith.
Haskell objected TO the immediate issu-
ance Of the v rit and spared for time. He
insisted on his legal right TO file reply to
the petition. "If you want 10 20 behind the
returns, go ahead. Investigate Precinct
thirty. -four" be fred at the colonel. This
brought the candidate for United States
senator TO his feet again. he said the
court nad no right TO 90 into matter the
jurisdiction Of which was denied 10 il. There
was only one tribunal which could
investigate Precinct "a, and the attorney.
general knew II, and he also knew that there
was no appeal from the decision which that
tribunal might give. The house of represen-
tatiyes alone could go into that matter. He
deplored that fact, that the situation was
such that good men on both sides did not
agree, but any illusions to precinct 81 were
entirely out Of place before the court.
The lawyers and Others in the court room
smiled at the turn the argument had taken.
Judge Hunts features plainly showed that
he was not pleased with the remarks OF
counsel on subject which was not before
him judicially. He cut the irrelevant talk
short OF by asking the attorney-general how
much time he wanted In which TO
file his reply. The guardian of the state
treasury talked about land case which
seemed TO him 10 be OF more importance
than anything else. The War Horse thought
his clients case was far more important
than any other business the state had on
hand. and In reply TO question of the
court said he would be ready AT the earliest
date the court shonld hI upon. Haskell
tried TO staye of the time for replying, but
finally gave a reluctant consent 10 file his
reply on Saturday next The state was
knocked out in the first round, and Rum
Roberts seems 10 stand a good chance OF
getting pay for holding down seat in the
rump house in the Granite block. The case
will come before Judge Hunt next Saturday
morning at 10 o'clock. The court said that