Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1892-12-13
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!" / FIRST SK|RMtSH.
The Eek elder Precinct Comes
10 before the Montana
Supreme Coutt,
Contestant Leech, the Republi-
can, Gains the First Point
in the Case.

| a great deal haa been written about
the Box Elder precinct in Ch"teau
county. which was thrown out by the
canvaz+ihg board, aud now the u,att er
has finally reached The courts.
On the tace q. the retu NJ, 1t will be
remembered, Il. E. Leecn (rtpubIican)
WIN elected, but il1tgalIty was alleged
ut Box Elder, with the RESULT that the
Chateau county canvatslng hoard
threw out the preciuct and is~ued d
c+ftitica'+ 9 Of +iection to a. B. HanIil-
ton (democra').
1.etch applied to the ouprem~ court
the commissioners Ut that county to
i@-ut him Ii certificate Of election. On
Frid4y la1t the cau~e cAn4e up for
hearing in Helena. The conmi~eion-
rtS wtrt nut rreatn'. but were rtlre~
senteu hy their cuunsel, Judge TAt'eD
nf turt Kr14to4, Robert S:ni1h an1
U..,. f. ~l.+Itun Of II leun. The ton>
tt+tuul Wnr lt.r: erntth by JntRe ID.
T.. Wade uue Ella L. Khnwte>. A
nuotion ~ q1a+h th~ in.l1rt1ntnt was
Flr.t tnade by Ju1ge Ta:ten "h the |ol~
lowing ErnurdH:
F1ist-- That It VIA Issued and Atttst-
Ell III vucntlon a1t1 tut TT term in,r
:S+ronn~~ That it dat. not Al,prar ~
have h+tn issued by Iht surrvnIr cnslrt
Ut Mnu'uua, Eu to hurr h*tl '-rutH
hy The clerk If -Ald court unf"r sr,,l
with-u, any hutt utitx thr,ttnt.
Tntsd-Thnt IN retnrt appears IN
the ullnntts 1T this ctuft of amy pro-
re~ ;i4uE- tuuutsInrIz, the writ,
Fourth-Il upprnrs ir"tn the 'trnrds
aud minutes nf this rotrt snat 'h" U'~
.obet term nrj,urntd un Dec. ;, l>374,
aEA there Mas .tn Intervening term
until Der. III, lS92, an1 thai. tht pre-
tended writ nplMaIs IT,: have ueen
l+>utA hetwetn these uAt~a aud wi:|l~
out authority III eaid r. ii 4. T..
Mr.. Smith foIInw' Il *l:h It brief Ar
yument to>u~tain tu nlutor, holdiuE
the rI4ndnsr. t,ttu* nut uf ttrn,, mud
that 1t could t'e :s<urst "niy by the dis
'rict court. III support 0f this he
quoted SECTIONS :, i and / nt article 8
uf th~ constitution.
Judge WAft followed iu reply, de-
nyipg la ii general why the arguments
uud holding that The supreme rourt
cnutd i.~ue II writ ANY time.
Ali~. Knowles closed the argument
for the Stale. and Mr.. Shelton IT,
viewed IN d=tail tht arguments Of the
| answer, after which court adjuurnt Il
tor the day.
On Saturday the chief justice an~
uounced that II majority of tile court
were of the opinion tina. the motion
made by the attorneys for the ca,1vass~
ing board to squash the alternative
writ o: mandate should be overrulrd
Tn announcing tho decision tue chief
justice did not give any reasons 10
support Of the majority's ruling.
Later, he said. all opinion would be
prepared aud filed IN the case as SUBJ
mitteti for decision. The attorneys
for the canvassluK board were then
given until 2p. III. to file demurrer
to The writ Of alternative mandate
The deuurrer was flied and takes the
following grounds:
| Flrat. Thnt such writ WAX not II.
sued by tue supreme court Of the STATE
Of Montana. ~ by any court having
authority to Issue the same.
Second. That said pretended wrl
appears tn be ISSUED, from An in=pec
tion Of the records of said court, during
the vacation of aaid court, and nttestet
during the vacation Of shlu court, b,
the clerk thereof. VIM. J. Kennedy
and without any order of said court.
Third. Tint this honorable cour