New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-28
4 MONTANA DECISION.
COUNTY JUDGE MCHATTONS PARTISAN
COURSE IN THE SILVER BOW COUNTY
SHRIEvALTY CONTEST
IGNORING EVERYTHING THAT TOLD AGAINST
THE DEMOCRATIC cLAIMANT-THE UNITED
STATES sESAToRsHIP QUESTION NOT
AFFECTED BY THE DECISION.
trr TELEGRAPH TO THE IRIBCNkI


Washington Feb. 27-T. G. Power. ono Of the Re.
publicans elected to the United States Senate nom
Montana looking over a recent dispatch about the
County court decision In Silver Bow County Montana,
on the shrcvalty contest. said:
The measure OF significance which should attach 70 the
decision OF John p Mediation Judge Of The Court In and
Tor Silver County In the contested election case 81
Eugene Sullivan against John L. Lloyd may be measured
by reference N the following facts
Judge Mediation was a candidate for Judge 1t the cleo
ton Of October l. 1889 and his defeat or election turned
on the Integrity OF Precincts 81 - and others In that
eouny He and his competitor the oath OF once and
when. bv the admission 81 the Territory rs Sta%' the
Territorial Justice vacated his seat oy preashgeo
agreement Mcatton at his elbow ana sat In the ehar
q. his successor while il was yet warm dc"ming that
proper method obtaining possession Of an ONCE FOR
moth more persons claiming IN have been elected
held courts neither doing any business OF consequence
when IL arranged that both should resign anu tha'
the Governor should appoint third person !" Ill .h'
Each resigncd and the Governor appointed Nc.
IIatton.
There WA. then pending the contested election case OF
Sullivan against Lloyd wherein Sullivan had served
notice on Loyd provided by Section lot3 OF the rh'h
Division of the compiled statutes Of Montana 70 Dust
Ioyd from nj, office and suit henceorth proceeded
rIovd had been for q year, and then. sheriff. In
possession of the Office. tho Jail the court house the
prisoner and the records OF The once" ana pra'ucAv
the proceeding proceeding W GUST MN 'r"'n Ms
once No sooner had Mediation obtained his appointment
from IN. ,,oyernor and ocned his court with undis
putrd title than without awaiting any determination OF
the pending contest and suit. he anticipated his own DE-
cision aud in January last recognized SULLIVAN as IN"
sheriff pr-uacing and giving sullivan the dement,
Of decision not yet dcver'dn fact delivered only last
Monday Wits were issued to Sullivan and he ATTENDED
on person Of the court To open and close inc
while Of course the po-sessor Of the once hsd us Keys
house. the Jail and saefns ONCE anu pos
session OF the prisoners. y
In the procres OF the matter and within the time limit
cd It became apparent that difference had arisen As 70 the
light many hundred persons who had 'oted io
~ vote nj oil uudr the provisions Of Section $50 OF the
Reyised Statute, Of the United States wheeupon counsel
for Lloyd fled petition for the removal OF the case 10 the
Circuit Court OF toe United States under the statutes oil
the United States. approved by means ~hero me case
M. removed to the United States court the question oil
the removal itself being Federal qretuoh 10 BE- decid"d
by the United States Court NotwithstAhdlhe suoh re-
uoya and the Jurisdiction I'm the State court con
.euent thereon Mediation promptly assumed I" override
the petition and regardless OF bis want OF JURISDICTION
Assumed try the case.
p,oo q, Iovd,. answer setting forth that sullivan &
majority WAS made up OF aliens who had never sker
an oath 10 support the Constitution ana Government
NJ the Unitd states. were, on NOTION OF SuN IA ator
news, stricken out-n the face OF uhupu'eu PROOF mat
anu,v clerk OF the court had taken blahk DECLARATIONS
=, ,,so,on To becone citizens Of the Inited states. had
carried them away from the clerks once thi'V nh'es
and Their, had ned out and delivered them 70 certain
and that upon such papers, which contained only
the oath OF intention and renuncston persons IN numbers
go Tia, .ureent u, bea. sullivan had voted for Su
van Mediation Ignored everything OF ois quality and
the reby held ia~ Of the United States obsolete aho
found that sullivan was elected .
Comment on such . Transaction Ia not necessary VI
course had there L.en tnited States Judge Tor Tn
district of Montana confirmed and odAlihed such proceed
ING. could probably have beea prevented The court Is
.ubordnate county court the decision Is Dramatically
srrang-d 10 n, into controversy hereaugh on the
Nv believe you cali Tend eAnno possibly sttns
when examined by . higher oour Lloyd how has his
choice 10 disregard the decision and hold his oe~ because
The court had no Jurisdiction 10 surrender and appeal
lie viii Do this lss There Is no ',pie'd'as on such an
APPEAL lie will example Of Obedience To the form
~ ue gment which lacks the sanction OF Law. because
In. court had no Jurisdiction Mediation has earned oa
I'm hi. matter prraransed conspiracy. 20 ar a. be can
hut the error, and injustice will be corrected on appeal
,a Mediation done Otherwise he would have agreeably
,urnyl.,d his friends The counsel for Lloyd requested
I'm. court 10 And on number u material questions
~ t.et bu, whether he has done o. not cannot tell
This decision does not touch the question whirh 10 In
yolysd In Washington 10 The ssnstors That question
a. Who arc psims fseie nsmbers u The Mootaas House
a Rsprsssasssivssf" IL haS bsn ssts,s< In Msataaa
10. ~ sssaG sssst bat By ~ hisAess esaft N ~