The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-01-24
STATE TO DECIDE
Judge McHatton's Decision on the Peti-
ton Of John E. Lloyd.
A Change of Venue Co0rt's
Is~assn For Holding That tine nur>-
tton Comes Under the state
Law.

BUTTE, Jan. 23.-In the district court
thism morning Judge I. j. Mediation gave
his decision regarding the answer and
petition Of John r.. Lloyd for "a change of
tn the office of sheriff. The judge said i'm
that this court has no further rights in the
matter. that the fact Of petition TRANSFERS
the question. take the ground that IL
wolves the construction OF a United
States nsa'%,.; sna, then .co ,n,'
l hold that il is the duty and right of the
court tn examine the records aud conn
par, n statutes, and y; on that exa.n,-
that the matter does involve the coilstrtit-
ton of "a United States statute. the court
the United states circuit court has the
right tn determine the question whether
the matter involves the construction OF a
does not show this fact the state courts
jurisdiction holds. And III the state court
Viii Nil boz ," valid 'r nSsi 'I the "niH r'. oiiiice of ,hc
United States court would me tn remand
the case to the state courts. which would
not interfere with the validity.
The point made in the application for
transfer il that this case does involve IA
construction of a United States statute.
and the amendment thereto, aud the al
legations that the clerk left his office at
the court house and went tn precinct NJ
on certain days named and there admin
istered the oath of declaration and intcn-
ton To certain parties whose names are
set forth in the answer, and issued to them
certified copies of their declaration of in-
tention. which were alleged not to have
been copies of any record of declaration
were fraudulent. Upon comparison OF
the record and the statue, we find that
the statute simply prcscribcs the oath and
designates the person before whom the
same may he taken and 10y whom the
same may be administered 1t does
not provide where the clerks office shall
he, nor where he shall be at the time hs
administer this oath. The record shows
I that these parties whose names are sc,
been illegal ON account of acts of the clerk
which are alleged To be contrary To law
did take the oath of declaration of inten'
ton, and took the same before n person
empowered by this statute to administer
the same. IL appearing then that the
statutes in these particulars have beef
complied with entirely, and this not being
questioned by the applicant, IL does no
appeart that any construction of the statute,
whether or not the Votes of these person,
named are illegal. h courts of ths
United States have passed tn the state,
the regulation of all things
with the declaration OF intention to be
come citizens of the United States, exccp
the oath prescribed by. the statute and t,'
person who shall administer il. Thi
matter seems to be n matter Of concern
under h laws of the state entirely, am,
this dispute ~ between two cit1zens OF TIL
same state, claiming the Office under tn,
laws of tile state. The laws of the stat
define the qualification of electors a
necessary on the part OF aliens IL
order To qualify themselves to vote a
that election. The dut es of the clcr
other than those of administering tn
oath prescribed by statute are all go,
erned by the laws of the state. An
whether or not the acts on the part of TN
clerk complained of were regular AN
without authority of law, and therefor
these persons not entitled to register an
vote, must all he determined by the law
of the state"
The decision of Judge Mediation leave
the dispute i'm the hands of the state court
for trial. Mr.. Lloyd said this afteruoo
that he did not know what the next NOV
would be. Thompson Campbell this "a
tcrrOon applied To the clerk for "a trai
script of the record in the case. As 500
as Judge Knowles has qualified, Nj
Campbell will apply to him for n writ
Tin. Ii IlilGal I'D nIlli