The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-01-10
THE CASE OF THE sHERIFFs.
sullivan aud Lloyd Have an Inning In
the Court.

the Court.
BuTT, Jan. Especial. The shriev-
atty contest is Just now exciting
great interest in Butte. II will be
remembered that John Z. Lloyd, the pres
ent republican incumbent of the sheriiis
office was candidate for reelection. ana
was defeated by tho vote OF precinct 81.
Eugene ID. Sullivan WINS elected by II.
Sullivan WIS not included in the mandamus
case, but the county clerk, after the de-
cision of Judge DE Wolfe, issued Sullivan
certificate OF election and he WAS duly quail
flied. Judge Mediation recognized him as
sheriff previous TO his appointment by Gov.
loole, but has refrained from expressing an
opinion since his opening of court under that
appointment. Lloyd, however, refused TO
give up the office, or TO allow Sullivan 20
have any control OF the prisoners. Judge
Mediation has patiently waited week for
tho question us TO the shrievNlty TO come
before him, but no step in that direction
being taken, he last evening directed the
clerk 20 issue n yenire for II petit jury, re-
turnablo next Wednesday. The clerk asked
Ia which sheriff he should give the yenire
for service, and the court issued an order 10
the contestants TO appear this morning IN
court and show on what grounds they claim
cd TO be sheriff. They both appeared this
morning and Eugene u. Sullivan filed his
certificate of election, and made short
speech in which he stated that he had been
elected sheriff of Silver Bow county 10y the
people. and intended TO serve them in that
capacity. On behalf of Lloyd, Thompson
Campbell filed the following return:
Whereas The undersigned, sheriff in and
for the county of Silver Bow, state of Mon
tana, duly elected, qualified and acting, has
been served with an order of the district
court of the second judicial dis
trict Of the state of Montana
10 show cause, If any he Il -,
at 10 o'clock u. m. on the 9TH day Of JHi,a-
ary, A. d., 1880, by what right he should
serve yenire issued out OF the said court,
the said undersigned makes return 10 the
SAID order as follows, TO wit; First, the
sand court nor the Judge thereof has not jur-
isdlction 20 make such order; second, that
the undersigned has not demanded the
right To serve such yenire; third, that the
SAID yenire has not been delivered 10 the
undersigned as by law requiredi fourth,
that IL is by law made the
duty Of the clerk of said court
TO deliver the said yenire 10 the sheriff of
this county for service: fifth, that the un-
dersigned is the sheriff, duly elected and
| qualified, in and for the county OF Silver
Bow, state of Montana; sixth, tha' this
court. except in the manner provided by
law, cannot inquire into the right of the
undersigned TO the said Office of sheriff.
Mr.. Campbell proceeded TO argue the
above propositions at length, dwelling much
on his celebrated mo jurisdiction" argu-
ment, which was 80 prominent in the man
damus cases. When he had finished the judge
remarked as 10 the extent Of his decision
that he would merely decide 10 whom the
clerk should deliver the yonire. Between
the parties themselves he would make no
decision. He made the decision merely 10
get the machinery Of the court in operation.
The court had right 90 protect the public
business from delay. He accordingly di-
rected the clerk 10 make a note Of the re-
turn of the certificate of election of Eugene
ID. Sullivan, and issue 10 him venire.
| Whenever the question between the con-
testants was ready TO be brought up, he
would give IL proper attention. The
parties could come before him at any
time and he would either try the case him
self or. il objection was made, make suit
able arrangements. He would not how
ever. pretend TO sit ms court and have no
business transacted, Just because two men
hnd dispute ns 10 the Office of sheriff.
Mr.. Campbell desired the court TO note an
exception, after which recess was taken
and Sheriff Sullivan went 10 serving the
venire. The jury will report Wednesday
aud after being sworn in the Judge will
order the prisoners brought into court.
Here will come the rub: if ho directs
Sullivan 10 bring in the prisoners Lloyd
will refuse TO give them up. The latter eS-
poets then 10 be ordered into contempt of
court and 10 have the case come up at Hell
ena on hRbeas corpus proceedings The
situation is not pleasant one, and there is
more danger of personal collision now
than since the origin OF the dispute about
precinct -.