Daily Yellowstone journal., 1890-02-08

has 'hV w 'h' eote-
m.nt without delivery of = copy was
not sufficient service Comp. Stat.
Chap. So. Sec. ll7l). After fairly
exhaustive argument on both sides,
the court held that the paper which
had been used a. q writ OF hsbsss cor
pus would be considered by him as
nothing more than his order to the
clerk TO let the writ issue and that
proceedinRs would be suspended until
this was done. An adjournment was
then taken until $50 p. E.. at which
hour the writ proper was before the
court with return noted thereon.
1t being now in order for Sheriff
Gleason to show cause why he held
Senator Becker in dursnce vile, Judge
Strevell arose and asked for b continu-
ance until o'clock of Saturday. Feb.
sth, in order that he might have the
rules of the state senate here aud
show by them that the order to Glea-
son for Becker's arrest WAS well found
ed and that he was now detained by
virtue of those rules. Reference was
also made to that section of the state
constitution investing the legislature
with uihoritv 20 compel the attend
ance OF its members. Judge Strevell
concluded with an argument that the
civil authority vested in the courts
should not interfere with legislative
body exercising its authority under
the constitution. While Judge Sire
veil WIS suggesting as resson f,r de-
lay, the necessity Of procuring the
rules Of the senate, II was observed
that Mr.. Middleton held a copy Of the
said rules 10 his hand, but ss II was
not his policy 20 adni, them the lit e
surprise that might o,herSi.e have
been expected. did not occur.
Middleton, in answering, deni. d
Gleason's right to make the srrest; de.
MED that the so-called rules OF the
senate had any force, not being an &C,
of ioiut legislation; admitted that leg
islative bodies had authority to com.
pei attendance, but contended that
the warrant of arrest should set this
out. Asserted that no rherlff 10 Mon
tana has anything to do with COM
pelling attendance Of membe's Of the
legislature except where constituted
deputy sergeauts at arms. After ex-
tensive pleading on these POINTS he
closed by again asserting that arrest
had been made on insufficient author.
ity-there was no wsrrant-notbiug
but telegram.
After q reces, Of ten minutes Judge
Milburn ruled substantially Ms fol.
lows: A person holding the body Of
another in custody must know how
he holds him aud under what law.
He must know that he has sufficient
authority, otherwise he would be
holding him Illegally. The motion
for continuance In order to find out
how he holds him is CONTRARY to the
court's understanding of q writ OF
habeas corpus. Motion overruled and
RESPONDENT ordered 10 show cause
why the personsge Of Mr.. Becker lie
held.
BY request Of Judge Strevell an ad.
jourument Of half an hour was taken
to allow preparation of respondents
case.
Durlng the progress Of the case and
shortly after the arrival Of the mid
day trnin from the west, the visitors
at the court house were surprised by
the arrival Of some half dozeu or
more strangers. most Of whom were
quickly identified rs members Of the
rump house ct Helena, among them
being Messrs. Breen, Hogan, Whaley
and Crutch6eld. who had flown on
the wings Of sympathy lvia the n. p.
r. r. to aid and comfort Senator
Becker In his sore distress and may
hap TO attempt q rescue. The tiain
yesterday wss run In two sections aud
these gentlemen came on the first OF
the two. Shortly after their arrival II
became known that on the second sec.
tion was an officer OF the Law fully
equipped with all authority and
charged with the duty Of srresting
Mr.. Becker In the event Of his being
discharged from rhe custody Of Sheriff
Gleason under the habess corpus pro-
ceedings. II therefore became q
matter of secondary importance
whether he was held or not. providing
| be vss not released before the second
section Of No. Q arrived. while the
argument on continuance was In pro
gvss oil fears Of this untoward result
were set at rest BY the arrival Of the
train, which. - Il rolled majestioally
past the court house In full view Of
eli, excited the most opposite emotions
10 the minds Of those present.. Dsmo.
orats were disgustsd and the republic
cans jubilant these emotions receiving
fresh jog when shortly afterwards .