The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-02-06
AT 1T BACK AND FORTH
Taking a Start With Sullivan Versus
Lloyd and Lloyd Versus Sullivan.
Judge Mediation Concludes to Have the
Trial Iva Hts Gourt---A Windy Law
Yer in Court who Was
Told tO ST Down.

occupied to-day almost exclusively with
the contest of the shcriffs. Matters grew
rather warm during the afternoon. Judge
Mediation is evidently doing his hest tn
bring about a speedy trial and settlement
of the matter and the day was occupicd
in clearing the way as much as possible
for "a trial. A score ar two of spectators
listened to the runner and tried their
best tai distinguish between the case If
Lloyd W. sullivan and that of Sullivan W..
Lloyd; h~tween statements of contest, am
swers and applications AMI between mo
tons and ,icmurrs.rs.
AZ the morning session Thompson
Campbell made u motion for "a change Of
veutie in both the contests. an the ground
that Judge Mediation il disqualified
through having already Expressed his
opinion in the matter. HE made a second
the cas- Of SalliSam vs.. rippsI. ali a."
matter which treats of Lloyd being ineli-
gible bscan-c he was elected Z" two terms
in succession, and hence is not eligible
for - third time. The same motion was
made i'm the case of Lloyd vs.. Sullivan, in
! out all of the answer which refers tn the
mandamusp proceedings.
At the beginning of the afternoon SEES
sion. Judge III Hatton stated that lac. had
examined the papers. A question tn bc
determined would he whcihcr the cour,
would have "a right, IL il found that Sulli-
legal votes, and that Lloyd had received
the largest number of votes. to determine
ttss NV iftfe u WIN tftu thtt ~ W.
cancy exists. He was not prepared AT
present to decide that question. Th.
court oy'rr,iis'l th. first par, OF the mo-
ton regarding u change of venue. dccid-
ing that an expression of opinion il not
sufficient ground To grant "a change Of
venue. Mr.. Campbell took am exception.
The judge said hc was not prepared tai
decide, on the matter Of striking out the
question of eligibility from til: replica
ton. He would consider il further.
leaS" to am.na Il. %spiy. Sir. Campbell
objected. Judge Mediation then decided
to sustain the motion tai strike ont the
question of eligibility on the ground that
IL Is not proper in a replication;
- Ar" You ready for trial i'm the ease" Of
Lloyd ". sullivan" asked Judge Me
Hatton.
which Ia prepare. authorities. The Judge
granted - hours in which tai file "a rrplicis-
ton, and the case. was set for Tuesday.
Mr.. Campbell then said lac would file ~
bond for the removal of this ease within
~ hours.
Mr.. kirkpatrick thought both cases
The judge thought th. trial of on" ease
would be s,ifiicient: and considered IL
proper to take mp tho ease of Lloyd W.
Sullivan. on the ground that the %...rtiii-
cate which the court has recognized u al
legged by Lloyd tn In, w~rongfuliy issued.
which case shall bc taken mp first said
Mr.. Campbell. ''The anxiety of the pub
at once, and this cas-. first brought tn am
issue should h. tried first. ! ,lo mot want
the burden Of proof shifted I" our
The judge refused To pcrni, I'll" ease ri
sullivan W.. Lloyd to be tried first. MIR
Campbell offered tai dismiss til" ease,
Mr.. Kirk patrick objected. The ju,g,
overrulcd the motion for dismissal aud
gave Mr.. Ca,npheil ~ hours in which Ia
n nII lI ! ssr xs. sniI;y amn f as' !" s:s /, sns m ."s,
Tuesday. Mr.. Campbell objected to set
ting this ease. on the ground that IL was
not at issue. and hence could not 10" set
lie demanded that tis. case winch ~ "a
issue he set for trial.
II ann going I" set this ca-. for trial
~ am not c~va,ling trial. but We shout,
first try the Gas" which is at ISSUE" sal.
~ "vcrruI. III. Demand" said th'
judge.
} "a right to be heard ON this"
mir Campbell will sit DOWN" said ,h'
'"@Fs ant Ina naf i"a rr,ifa o." asked .s, "'S Mr. tamp
bell.
ri have consulted Tia. authorities in I'll.
case and have decided said the judge.
"Iou should allow me to hr heard" ~
pca,:d Mr.. Campheii.
Ia tn" court IL not tn IN" personally ssi'
/. Judge McHatton.
/, I'll" hearing on the motion for tia
amendment OF SuIIiyau's answer was So
for = o'clock tomorrow a~ft.rnoon. Nj
Campbell again asked for "a jury trial am
was again refused.
III NV ~ W wv ~tstf W NfhE ~
! Barriers.. deceased. the allowance for Tia
support of the aisssasssIs minor ehilIrsi
, was reduced from SO l." $50 per month.
; In HaIroad Circles.
Special Ia the Standard.
BUTTE. Feb. BE-. ~. McHrnry and 4
Cooper. chief clerk Of the Northern Pacifi
. and of the Montana railroad coInpau
Z are i'm the city. They cxpsct the compile
/. ton of the Gallatin branch 10y April 1.
Z Green Il kes.fc, the railroad contractor,
lav. removed their office from Sors
i, Butte To headquarters at Helena.
Th. railroad news from tts. west il Z
|, the effect that the Oregon railway am
, Navigat ON company are having hcav
wa-ilouts on their line. between Waliul
junction and Portland. and that train
will not hc running for 10 days.
A. the Northern Pacific office il
learned tina all trains nre ON time. Tn
/, Northern Pacific has b4-ru very fortunate
with its freight and passenger trains >
far this winter. hut one train was stale
in ia. snow and that for - hours onl,
Z That took place in the vicinity of Spokan
;, Falls ~ say- ago. A train was made "a
east Of the blockade and run ON tim
: through to ~. Paul. Passengers fror
Portland by way of the Cascade divisio
4 experienced a delay on sunday last fo
one day. but the Northern Pacific p.opl
= started "a train al Ib.ssn unsttnt uI.I pa.