Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1892-09-24

the latter failed % bring IL within ten
days 50 the attorney general had se-
cured ten days more 0f valuable time
and he used them all, NOT 10 speed, bur
rather 10 obsrruct the case, as VIII be
presently seen.
On the argument Aug. 9th, he excused
ais failure 70 communicate 10 petitioner
Or bis attorney his conclusion on the
petition. by stating that neither had
requested il, although. we submit. the
nature of the petition called loudly
+ Ior IT, What steps were taken $50 pre-
vent recurrence Of this must not be
stated, because they are not Of rec1-l,
and the record alone must speak But
( il is permissible TO state that Whatever
was done In that regard on behalf u
7 the state, was not met by the attorney
( general in g spirit " friendly co-opera-
I ton, or with desire 10 have speedy in
I vesrgation Of the great wrong reuu-
sented 70 him 10 have been suffered by
( the people; but rather ia a spirit Of de-
Y termined hostility and obstruction
I Nor need the court be informed how
every intimatiOn OF his intentions was
studiOuIy withheld from the court the
relal0r and his attorneys until he was
compelled to disclose them on Angus.
I 18th. when without notice 10 anyone
lac left Cn the desk Of the clerk II ihis
court during the latter's absence from
his office, a most remarkable document.
10 IS dated August 18th showing il
was completed the day before end with
I held from the files 50 as % unnecesSari-
IS consume one days more time In
it he not only declines to commence
suit which was the only thing he was
( called to speak to. but in addition
strangely volunteers the refusal to have
il brought or conducted in the name
Of his Office; a palpable contempt, I'VE
submit Of the order % this court which
had already been entered, directing
IL ~ De 50 commenced Not only
this but he purposely withhOlds from
the CONT the reasons for his unusual
conduct oHly deigning 70 state that
. ia addition 10 his doubt Of the uncon-
stmtonahty Of the law, there are
Other important public reasons" as
IL it were unsafe to entrust the court
Sc1 have been the acts OF the attor-
ncy general respecting this suit, 50 far
rs ] am permitted to state them. ard
10 Is submitted whether or not thsy do
not slow that he has failed II discharge
a rlai official duty required Of him
bg the unmistakable statute of the
state as we'll as by his official 1atn
and bond Being thus hostile to tie
,rld. this court win be especially watch
ful that bis acts do not prejudice the
c;,sr, much less defeat the cause Of
tlc people
Bu This is not all Those in whose in-
terC SIS ! must be permitted TO shy.
ne has thus acted, follow him RICH;
hero into court and urge the astoun ing
proposition that his absolute refusal
To perform his official duty leaves the
state and the people lemediless Such
contention is .tterly groundlass
aud mbcoomiug prophecies Of ta-
dicial procedure that it does Nos de-
serve 10 bc dignided by argument
here WHAT, the neglect, nay, the IT..
fusal Of public officer to DISCHARGE
his sworn constitutional duty, % be-
preferred to lhe court as an obstruction
TO the states proceeding in its action.
II that We're the law. then the nights
ana the liberties of the people might
indeed bc subject to the within ANA
caprice of every public officer no mat
ter how mcouSequoutill his functions
ujght bc
Col. Bird alluded tu senator Villas ra
ccul argument i'm the Treasury case,
where he spoke particularly Of unfaith.
iulness in public office" and added.
How an were warmed hy the glowing
words. And yet scarce one short week
goes by before the same distinguished
counselor aud statesman appears be-
fore the Slpc court ana seeks 10 eX-
cuse, nay, Justify, not only failure hut
refused 60 perform official duty; nor
rhut alone, but he prefers neglect of
official duty as an hi~uruountabe OBJ
Starle 10 the state. ANA through tho
state the people obtaining Justice.
Continuing Col Bird said chat i'm The
exercise Of it's original jurisdiction con
frucd 10y the constitution Tor prcrOGa
tive purposes, the court is not bound 10y
amy technical rules Of practice or plead
ing, either rs 60 the time or manner of
It's exercise The Col followed with a
long argument ON the juriSdictional
phase of the question Then he main
tanned that THE acts sought To be re-
strained are purely ministerial, AMI
therefore properly subject TO control
10y injunction" They are, ne said
First The publishing Of the election
notice in "A newspaper published at IN
seat of government. once in each week,
from its date until the election,
Second The filing and preserving nj
the office OF the secretary Of state tre
certificates Of uominadou and uomnI-
ton papers.
Third The certifying to county cle.Es
the names ana description Of nominees
for legislative offices MS specified i'm >ail
certificates and papers
The duty that imposed embraces frs.
the making ont Of the notice; second
the publishing of it I'm n ncWSpappF