The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1896-12-04
-TI4E DISTRICT. COURT.
injunction Denied in the Granite Co,

Injunction Denied il, the Granite County
Scnaiorship--4s Verdict for sailc Etc.
In the water-Eight suit of Haegin vs.
Sale, which vas not disposed OF at the
time VIC went to press last week, the jury
brought il a verdict in favor Of Mr.. Sale.
Ellis is the second time the case has been
tried in the district court here and jndg-
ment given in favor of 5aile in each case
The case was FIRST tried in 1890, and oe-
ing decided adverse to IEaygin, he took
an appeal to the supreme court, which
granted a new trial. Mr.. Haggin will
probably again take tho ease To the higher
court.
On Saturday the case of Sigh VS.. Reel,
came up in the district court DR.. ]. NJ
Sligh instituted injunction proceedings
against G. ]. ReeE AS county clerk Of
Granite county to restrain him from iSsu-
ing certificate Of election to Duncan
Dingwall as senator from Granite county.
The case was ably argued by Hon. W. B.
Rodgers, counsel for Dngwall and w.
L. Moore of Philipsburg, counsel for
Sligh. The court took the case under
advisement and on Monday rendered its
decision, in which the injunction was
denied.
Judge Brantly, in rendering his decis-
ion, held substantially: NsThat his court
has no jurisdiction to pass on the ques-
ton presented, in an Injunction proceed
i,,u 11oI J,l1
right or title ton seat III the state senate: :
that the constitution Of this state pro-
vides that the first senate, after dividing
its members into classes representing re-
spectively the odd and even numbered
districts, should cast lots to decide which
class should hold for one year, and which
for three years; that in the last lcgisla
tive assembly the senators representing
the new counties created at the previous
session, and constituting senatorial dis
tricts, were classified III similar manner
and the senator from Granite county, con-
stitnting the 1th senatorial district, was
allotted to the class whose terms expire
in 1906: that in order to maintain and
carry out this classification the choice Of
Il senator for Granite county at the last
general election was necessary and
proper: that Duncan DingWan, having
received q majority of all tile votes cast
at the last election, for that Office, was
regularly aud duly elected rs such sena-
tor and IS entitled to receive certificate
OF election from the clerk of Granite
county,
Upon application Of Napton & Nnpton
attorneys for John Rose, who was re-
Gently convicted Of criminal assault and
sentenced to Il term Of 25 years in the
penitentiary, the court ordered that the
defendant be allowed to and including
Dec. "a in which to prepare, serve and
file aflidavits, bill Of exceptions, and Il
statemento OF the case in support OF the
defendants motion for new trial
On Monday the Beranl rape case,
f.om Anaconda, was brought up for IL
secnnl trial in this court, and on Monday
night Il Jury was secured. On the first
trial of the case the jury disagreed. A
large number Of witnesses from Ana
conda have been present during the trial
aud the case has attracted considerable
attention, It's such cases usually do.
The jury III the above case failed TO
agree aud were discharged.