The Helena independent., 1894-09-14
By Il tho QUESTION Of County Com
mlssioners' Terms VIII
Be Settled
The Clerk and Recorder Refuses to
File tho Republican Nom
inationA
IL was ON tho Attorney Generars Ad'
vice aud at the Request of the
Nominees,

bo passed upon by the suproms court long
enough before election 10 save candidates
the ahnoYanos and expense OF campaign.
Al agreed eAse has bssu made mp and the
supreme court will bear arguments on !,
10 morrow. Ths republicans arc thus far
She only ones who have laced their oandi'
dAtoa IN tho held. Theif candidates are
4. q. Woods, Nick ktss.er aud Sherwood
! Wheaton. All OF them waited 10 tes the
matter settled as soon as possible. tesog-
mia ng the fact that II no judicial railing
was had now there Wouli have 10 be oaS
later on. The only question al issue was
whether ths eonstitutlonal amendment
authorized by the legislature In 1891. AMI
adopted by the people at tho election Of
1892, was no, invAiidAtel BY the failure OF
the secretary OF state to publish 10 fof the
required sixty DAYS before the election.
Attorney GSne,ai Hssksll has bSsn urGisg
righ, along that test case bs made before
the election. His aiyies p evailod and the
teAt case was made ~ yesterday.
County Clerk and Recorder Tooksr was
yesterday handed the certificate OF the
nominations made by the republican con-
vsnIion for Lewis and Clarke county last
week. Before filing "a ho consulted the
county commissioners, who, in defeience
TO the wishes OF the candidates and the adj
vice OF the alto neJ general, pisssd the fol-
lowing order:
Whereas. u is public poiey that the
, question OF the election OF eouaty oommis-
sionsrs al the coming election should be
settled by O decision OF the supreme court
of MontaRai and
Whereas, 70 bring the question properly
before said court az toss case II 10 exps-
dent that the county clerk aud reoo der
should refuse TO hle the nominations for
county commissioners made By the repub-
lioaB county convention; therefore be 10
Ordered. That the county clerk and re-
corder Of Lsvis ami Clarks comfy DO rs-
speotfully requested 10 refuse to hle the
said nominations when presented 10 him.
Accordingly Clerk and Reco dor Iooker
refused to file the county commiasIoner
nominations, and the case was made no at
onos. County Attorney Nolau and Lisnt-
Gov. Botkin wers selected BY the pattiel TO
the proceedings to represent the two sides
before the supreme court. Col. Botkin
represents the candidates and Col. Nolan
will take tho OPT Ioslts side. Tho cnse.
which was instituted 81 once. is entitled:
Tho state of Montana. on tho relation OF
I. q. Woods, Nicholas kessler and shsr-
wood Wheaton, versus John :. Tooksr. as
county clerk aud recorder Of LAWS and
Clarke county" IL was taken before the
judges Of tho supreme court on an applica-
tion for " IL of mandate to compel the
clerk aad recorder to nle the nominal ons.
IL wss accom- anied by an AFFIDAVIT OF Sher-
wosd wheaton, setting forth that at the
republican convention on sept 4. T. q.
1 ". a.. o..
aiausr for tho term Of two years, and him-
self and Nicholas Kssslsr for the tern of
four years. Continuing the affidavit sayG
Thai thereafter. on Sept. l3 o. tia
cate OF nomination in writing was pre-
sonted for filing TO tho said county clerk.
which certificate contained tbs nRmsI of
said persons SO nominated. their residences.
their business and their buIissss addresses,
and the Offices for which they were Tespeei-
lively nominated, tnd designated In NOT
more tkan hve wo de the party which such
convention represented. and was sisnsG by
the presiding officer anu secretary OF spch
convention, who Addsl to tber signatures
thsir respective places Of residence. their
business and busiusss addresses. q copy OF
which certificate is hereto attached. that
the said John s. Iooker failed, neglected
and refused 10 file the tAid certificate, and
still fails. neFloots and iefussa 10 do 90.
That the said rslhtors havs no plain,
speedy and tatqusio remedy at law IN the
premises.
Wherefore your el,tors pray that writ
Of mandate be issued from thiI court, COM
mandiBR the sail reSpondent forthwith to
Gle the certificate Of nomination. hsrsin-
before msntiOned aud set forth, or to show
cause before the court on Saturday. the 18th
day OF September. 1894. al 10 o'clock ia the
forenoon, why he has nob done So"
The supreme court at once made the fol-
low ng order IN tue matter:
"On reading and fling the petition OF
| Sherwood Whsaton. duly signed and Vsri-
Ned by bin, whereby II appears that John
5. 1osker has failed 10 perform an ACT
which the law specially joins as n duty
resulting from his oflios. Io-Wit. 10 hls a
csrtiheAts Of nomination Of 4. G. Wsods,
Nicholas ResslsF and SLsf wood Wheaton,
TO the oihees OF county commissioners OF
Lewis and Clarke county. which nsmina-
tion was duy made by a convention OF the
republican patty IN and for that countT
III II ordered that q writ OF mandate
Issue cot OF and under the seal OF ths
supreme court OF the stats OF Montana,
directed to the said John X. 1ookef, com.
mandinR him that Immediately after the
receipt Of such writ be shall nle the said
certificate, o. show cause before this court
al the court room thereof ia tho court
house Of the county Of LsWis and Clarke
on Saturday, Tue l6sb dAy OF September,
1894, at 10 O'clock Ia the forenoon OF said
day, why he has not done So"
A copy OF the writ smhoiyinR the facts
sot iSrtb. was served on the county clerk
and roes der. The Arguments before the
aupreme court are expected 30 consist prin.
eipally 81 TIE citation Of authoritish Ths
court will rule on the ehsa a. aoou ps ths
authorities And the facts can be eonsidsfed