The Helena independent., 1892-12-28
THE OPINION NOT READY.
. I
A Written Decision on the Box Eli
der Case Will Be Filed
Tomorrow.
Judge Dewitt Will Dissent on
Two Important Questions
Involved.
The State Ohicsrs Arc All Ready to Turn
Their Affairs Over to Their
Successors.

Contrary 10 expectations tho supreme
court did not hand down its written deoi.
sion In the Box Elder case yesterday. The
decision will probably be given out to-mor-
row. Thors will very likely be three opin-
ions, one by judges Blake and Hsrwood
and two others from Judge Dewitt. who
disssnta from the majority Of the court on
two important Issues. The first was on the
power Of single Judge to issue . peremp-
tory writ. Judge Dewitt held that one
member of the court could not issue the
writ. and that il should have been done by
majority or all of the judges sitting az q
court. Tho other point on which he dis
sents ia in relation to the subsequent pro-
ceedings before the court. When
the democrats fied their answer to
tho complaints of the republicans
the latter put in demurrer. Judge De-
Witt favored sustaining the demurrer,
which would have thrown the democratic
answer out of court, and allowed the pre-
emptoty mandate to issue at once, compel
ling the canvassing board of Choteau
county TO count the Box Elder returns. Tho
end attained, had Judge DeWitt's opinion
been eoinoided in by the other members of
the court. would have been the same as it is
now, but the hearing of testimony would
not have taken place, and the result would
have been reached by a much shorter
method.
When State Auditor Cook calls the house
of representatives to order on Monday,
he will read of the names of The members.
Strange "a 1t may seem. there is no regu-
lar channel through which the names
of those elected to the two houses of
the legislature are supposed to roach the
state auditor and the secretary of state.
The auditor calls the house to order, and
the secretary of state the senate. Both
these officers are expected to get complete
election to the two houses. Neither tina
county canvassing boards nor the county
clerks are expeceed to furnish lists to the
state officers.
ALI the state officers are prepared to turn
their desks over to their SUCCESSORS ON Mon
day. This will be comparatively an easy
i matter with this secretary of state. DR..
Louis Rotwitt says he will just shake hands
with himself. congratulate himself on his
Reelection, and then take short recess to
enable him to go down town
and propose the good health of his
| successor. The attorney general will do
much the same. Treasurer Hickman will
have everything in readiness to turn his
office over to F. w. Wright, his successor.
Auditor Kinney is also ready for Auditor
Elect Cook. John Cannon, superintendent
of public instruction, will receive his sue
cessor in the person of A. E. Steere. Clerk
Kennedy has gotten all the supreme court
records in good shape. and when Ben
Webster steps in he will find little trouble
getting on to the routine of his effioe. Un-
less Coy. Toole gets back in time. Hon. j.
ID. Richards will, as acting governor, turn
the Office over to himself as governor.
Chief Justice Pemberton will take the oath
of Office and succeed Henry N. Blake.