The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-15
QUESTION NOW IN COURT
Injunction Proceedings Com.
menced Against Hogan.
CAMPBELL AND PIGOTT
Alleged That These Are Not the Nomi-
nations OF the silver Republicans,
and Should Not Go on the
Omcial Ballot.

Special Dispatch to the Standard.
Helena. Oct. 1.-THE looked-for legal
proceedings to find out in the courts
IL possible which wing OF the silver re-
publican party of Montana Is the genu-
Inc article were commenced to-day. NJ.
]. Cavanaugh OF Butte this afternoon
made application to Judge Henry c.
Smith of the district court for an in
junction TO restrain Secretary of State
Hogan from certifying upon the oficial
ballot the nominations for congressman
and associate Justice. A. J. Campbell
and w. T. Pigott. that were filed last
Saturday night by the Hartman wing
OF the silver republican party. Judge
smith. after looking over the COM
commanding Secretary Of State Hogan
to show cause at 10 o'clock next Mon
day morning why he should not be per-
petually enJoined from doing what the
complaint fears he may do.
Whether the parties interested in the
test case will be satisfied with a decis-
ion by Judge Smith or whether they
Will want a supreme court opinion on
that matter. Is conjecturaL The su-
~
ton. because two of its members are
candidates for reelection. Justice Pig
oft IL clearly disqualified. but since JUS
tice Pemberton In not the candidate of
either wing of the silver republicans
some hold that he is not disqualified and
that II would be perfectly proper for
he and Justice Hunt to hear the case
He is out of the city. but will proba-
bly, return tomorrow, when IL can be
q nnA hAt hAr A..x xxrtIl S<..l
In the case.
The complaint fled by Mr.. Cavanaugh
alleges that the plaintiff 10 informed
and believes and alleges that on Oct
o. Il. Chisholm, pretending to act as
chairman Of the silver republican CEN
trail committee. and J. s. Harris. pre-
tending to act as secretary. pretended
TO file In the Office Of the secretary OF
state a pretended certificate of nomina-
uons. as made by such committee.
Then follows a copy of the certificate
hied by Chisholm and Harris last Sat-
urday. making A. J. Campbell and w.
i. Pigott the nominees OF the silver
republican party for congressman and
associate Justice. The complaint fur
ther alleges that the said o. y. Chs
holm is not now and never was the
chairman OF the state committee OF the
silver republican party: that he had no
authority. nor has he now any author
ity TO act as such chairman or to sign
any certificate or nomination for the
state committee OF the silver republican
party"
The same allegations are made as to
j. ;. Harris's authority to act as secre-
tary.
The complaint then alleges that Sec
retary Hogan is about to certify to the
county clerks the nominations con-
"A al In Ial -
nominations as the nominations OF the
silver republican party for the various
state Offices to be voted for at the en-
suing election. and IL not enjoined by
this court will so certify said nominal
tions to the different county clerks of
the state and will place said nomina-
tions upon the state ticket as the NOM
nations OF the silver republican party
of Montana to be voted for at the ensu-
ing election"
Continuing. the complaint alleges that
A. j. Campbell Is not now and never
was the candidate of the silver repub-
licans for congressman. and the same
claim is made as to w. T. Pigott.
In conclusion the complaint says:
Wherefore your relator prays that the
above named defendant be perpetually
enjoined and restrained from certifying
to the various county clerks OF the state
OF Montana or placing upon the state
silver republican ticket the names OF A.
j. Campbell as the nominee or candi-
date OF the silver republican party of
Montana for the ONCE OF representative
from Montana, and that the above
named defendant be perpetually en-
Joined from certifying to the various
clerks OF the state OF Montana. or plac-
Ing upon the state silver republican
ticket the name OF w. r. Pigott as the
nominee or candidate OF the silver re-
publican party Of the state OF Montana
for the ONCE Of associate justice OF the
supreme court OF Montana. or from in
any manner recognizing the said certii-
cate heretofore referred to as the NOM
nations Of the silver republican party
OF Montana. for the various state offices
to be voted for at the ensuing elec- l
ton. and for such other and further re-