The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-11-13
The Democrat Elected 10 Office in
Silver Bow County Takes
Possession.
Each Contestant Presents His Case
But Judge DeWolfe Refuses
to Decide.
Court Adjourned Sine Die ana Mediation
Opens the New Session with
sheriff sullivan,

BUTTE, Nov. l2.--[Special. The culmi-
mating scene of the election contests oo-
CURED in the district court room at O'Clock
this afternoon. Last Friday, il will be re-
membered, J. J. Mediation and l.. j. Ham
ilton, respectively, the democratic and ro
publican candidates for the Office Of district
Judge, presented their credentials to Judge
DeWolfe, both having taken the oath Of Of
fee. At that time after some discussion by
various prominent members of the bar, the
certificates were withdrawn and the matter
postponed until o'clock this afternoon.
state board Of canvassers. Mediation
was elected without dispute If the
vote of precinct 81 be counted, and as Nc
Hatton was the principal relator in the
mandamus proceedings, the vote Of that
precinct had already been counted for him
and his certificate was issued 10y the county
clerk and recorder. During the interval
since last Friday there have been several at
tempts nj compromise. II has been sug-
gested by attorneys that both Mediation
and Hamilton should place their resiRna-
tions in the hands of Gov. Toole and allow
him 10 appoint some third party, acceptable
to both, 10 the judgeship. Judge Mcllat-
ton, however, confident Of the justice of his
cause, rejected such propositions and stood
firmly upon his rights. Up 20 noon to-day
il was considered probable that some kind
Of compromise might be effected.
Public interest WAS excited 10 much
higher pitch than at any time since the
canvassing board threw out precinct "A.
As early as o'clock the crowd began filling
the court room, and half an hour later the
room, corridors and stairway were packed
with interested people, M the impression
had somehow gotten out that a physical
contest was imminent. At just five minutes
before .'o',lock Judge DeWolfe walked
in and took his seat the great crowd pre-
serving absolute silence as he did so. With.
III the railing reserved for the members OF
the bar and jurors, were seated most of th,
prominent members Of the bar Of Silvel
Bow county. On the west side of the room
was Judge Mediation and at his side sai
Eugene i. Sullivan, who wis the democrnti,
candidate for the Office Of sheriff, and who
is also elected by the vote OF precinct "a
On the west side sat l.. j. Hamilton, backe,
up by Sheriff Lloyd.
In his usual quiet and dignifcd mannel
Judge DeWolfe opened court and asked il
there WAS any business TO be brought bofor'
him. Mr.. Hamilton at once rose and nd
dressed the court in II loud speech. lie Ice
gan by recalling the circumstances of TIN
judgchip controversy 10 the attention of lhi
court and then proceeded to argue that hl
credentials came from the state canvassinl
board and were regular on their face. The
were just the same as they would have beeI
had he received every vote east in Silyc
Bow county nt the recent election
the court had no jurisdiction what
ever as TO the qualifications %
his successor; he was even less empowered
in such a respect than cnnyassing board
Mr.. Hamilton said that Judge DeWolfe h,,
in the mandamus proceedings set up th,
very sound doctrine that only tribunals o
competent jurisdiction could 20 behind th,
returns. lie claimed il would be going be
hind the returns if Judge Dewolfe shoul,
recognize anybody but himself tHamilton
as his successor. Mr.. Hamilton then mad
some remarks Of complimentary natur,
in regard 10 Judge Mediation. He sai,
they had alwaye been personal friends nnt
for aught he knew were now. II,
gave Judge Mediation full credi
for honesty Of intention; he, himself, how
ever, desired to stand upon his rights nl
entitled, prima fncie TO succeed Judge De
Wolfe; il Mediation could then establish biz
right in proper courts, let him do ~. II,
did not pretend 10 say that the canvnssinl
board WAS either right or wrong, or that th,
state eanyassing board was right or wrong
in issuing him a state certificate. Il suf
feed for him that they had issued H. II,
WAS willing 10 admit that the certificat,
might be honeycombed with fraud, bu
claimed that il was regular on liz face, nn,
therefore should be recognized by Judg,
DeWOlfe,
Mr.. Hamilton then took his scat ant
Judge Mediation nj once arose 10 address
the court Judge Mediation ia n yohn,
man, not over - years old of firm charuo
ter and recognized integrity. lie was
triie pale and his voice shook little. In
be was perfectly self-posscssed. His Ian
guage was direct and pointed. lie said h'
had been elected district Judge by the peo
Pile Of Silver Bow county. Their vote
elected him. There had been n disput,
about the counting Of a portion of thos,
votes, and the dispute had been settled b,
a peremptory order Of mandamus from th,
very court which be was now addressing
How could such n court recognize any Other
thun himself ms entitled to the oilicei
While Judge Dewolfe had no right to sit n,
judge in deciding the qualifications of hi,
successor, he did have a right 10 recogniz,
ms his successor the man who WIS elected
Concerning the election Of HIMSELF (Mo
Hatton) there was not the slightest dispute