The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-11-25
The First Time the Supreme Court Has
Differed, and tho Chief Justice
Stands Alone.

Blake is as follows:
regret to announce that, for the FIRST
time since the organization Of the govern
ment Of this state, . Judgment will be pro-
nuunced herein by divided court. think
that the principles which control the issues
understanding ii these proceedings have
been laid down with legal precision. I
concur in the opinion Of the majority In up
holding the implied findings Of the court
below that John A. Davis should not be ad-
judged incompetent to be appointed the
Davis, deceased, by reason Of these objec--
tions which have been alleged, heard and
tried. There is q substantial conflict in
the evidence upon the cause Of drunken
ness, and upon this ground alone the ruling
under review can be sustained. The testi-
his excuse which he submitted under oath
to the district court, and by which he 60
cured exemption from service upon the Jury
in the case of the Territory Y. Clayton, 8
Mont, 8. is contradictory and unsatisfac.
tory. He uses the words 'citizen" and
regardless t Of t snsf exact ss1e
s ~.s resident s Of Chicago. s excused a my
self on account Of citizenship about
three years ago." His state
ments are consistent with both
Vu0OIl00 OF RUllG 6uU lUUUO9UO0 0uV i 6xA
willing to give him the benefit Of the doubt
and dismiss the charge Of perjury.
have not been able to find in the au-
thorities satisfactory definition OF the
term integrity" which is found in the
statutes relating to the competency Of an
administrator. 1ts meaning should not be
by tic word honesty, although the last il
properly deemed by photographers q
synonym. The administrator holds q trust
Of the highest character, and should act
with strict impartiality in the collection Of
the property of the estate Of the deceased
and the payment Of the assets 70 the heirs.
When the duties Of the position are con-
sidered it 10 evident that the want Of in
tegrity which renders q person incom-
petsnt to receive this appointment should
be defined. The following definition by
every blasting OF corrupt influence or mo
tive" The court below was called upon to
determine judiciaily from all the evidence,
not merely whether John A. Davis was an
honest or dishonest man in the ordinary
Specification Of words, but whether he was
which would interfere with the exercise Of
his functions as an administrator of the es-
tate of his deceased brother. In arriving
at correct decision of this issue it will be
necessary to observe the conflicting inter
ests Of the heirs, and the relationship Of
which are hostile to the estate. and the CON-
duct Of John A. Davis concerning these
matters.
Andrew J. Davis died March II, 1880, and
was buried on the eighteenth day Of the
month in the town of Somers. state Of Con-
nect,cnt: John A. DAVIS subscribed and
verlned two days after the death OF his
brother petition for letters of administra-
ton upon the estate, and afterwards ac-
companied the remains of the deceased to
the family buryinR ground. The petition.
which alleges that the value of the real and
personal property of the decedent 10 about
four and one.half millions Of dollars. was
not filed until March q, 1880.
We will notice other facts about which
there is no controversy. The capital stock
of the First National bank Of Butte, in this
state. is 100000 and the undivided profits
1000 shares of this bank stand upon the
books thereof in the name Of the deceased,
A. ]. Davis. A. J. Davis, Jr., is son Of
John A. Davis, and was called twice to the
witness stand in his behalf, and testified
upon cross-examination that the certificates
representing these shares were given to him
IN December, 1883, BY his uncle; that they
were not endorsed; that his brother. John
2. Davis, voted the stock in the following
January at meeting Of the stockholders
under proxy given BY the said A. j. Da-
Wis; and that he claimed them as q gift.
James A. Talbot, who testified for John A.
DRyis, c0rroborated A. ]. Davis, Jr., fespec-
ting the conversation between the parties
in December. 1889. about the disposition Of
the stock certificates. The members Of this
bar, who appear for John A. DAVIS in these
proceedings, stated in this court that they
are the attorneys for A. J. Davis. IT., in
maintaining his right of ownership in these
shares Of bank stock. do not wish to ex-
press an opinion which will convey an inti-
nation OF my views of this contention, but