The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-18
HIS NOMINATION VOID.
Hogan's Name Pulled on the
Silver Republican Ticket.
DECISION OF THE COURT
His Nomination Was Filed Before Hart
mans Dsclination-There IL stin
Time for the Committee to
F1ll Vacancies.

| Aoh ceShctoiy VI otdtc f1oSdn 10 snow
cause why he should not be enjoinei
from certifying on the Official ballot the
nominations OF A. ]. Campb.I end w.
T. Pigott as the nominees Of the silver
republican party for representative AMI
associate Justice. The matter came up
for hearing this morning before Judge
Smith. and before proceeding the court
invited Judge Mcintyre of department
two OF the district court to sit with him.
Jointly they passed upon the numerous
questions presented to-day by the re-
spective counsel. Owing to the disqual-
ification Of two members OF the supreme
court. the rulings OF Judge Smith and
Judge Mcintyre are understood to be
| final in the matter. The entire day wa ,
devoted to arguments by counsel upon
the injunction and upon a writ of man.
date applied for to-day, and when court
adjourned tonight IL was announced
that the matters In issue would be fur
| ther considered tomorrow.
As result OF to-day's doings the po-
liticai situation Is rendered more kaled-
oscopic than ever 50 far as the silver re-
publicans and populists are concerned
The nomination of T. s. Hogan by the
silver republicans was held TO be null
and void, since Mr.. Hartman's declina-
tion was not filed before Mr.. Hogan's
nomination was filed. The same ruling
will probably hold as to Mr.. Hogan's
nomination on the populist ticket. so
that neither party has a candidate for
congress. The peculiar situation that
has arisen does not particularly worry
the silver republicans or the populists,
as they claim their respective commit
tees have until ten days before election,
in which to fill vacancies and that these
will be filled in ample time for the vot-
ers of those parties.
The morning session of the court was
devoted to hearing arguments upon the
injunction applied for last week by NJ.
Cavanaugh to keep Campbell and
Pigott OF of the silver republican tick
ct. The secretary of state filed an an
swer. admitting some of the allega-
tions. set forth In the complaint and
claiming that he was not officially ad-
vised as TO others. T. j. Walsh, on be-
half of o. p. Chisholm, intervened and
filed a demurrer to the complaint on
the ground that II did not state facts
sufficient to constitute a cause of action
and that plaintiff had adequate remedy
at law without resorting to injunctions.
Mr.. Walsh then proceeded to attack
the complaint and the proceedings irf
general, claiming that 1t should have
been commenced in the name of the
state and that a private citizen could
not go into court to restrain a public
officer. He cited the law and authori-
ties to support him. NJ. ]. Cavanaugh.
for the plaintiff, opposed the arguments
advanced maintaining that owing to
the emergency of the situation, the
case should be heard upon its merits
and not be hampered by a question of
practice.
The two judges decided to sustain the
demurrer and directed the attorney
general to commence the proceedings
in the name of the state. II he de-
clined. then Mr.. Cavanaugh would be
permitted to do so. Mr.. Walsh then
applied for a writ of mandate compell-
ing the secretary of state in certifying
the nominations to do SO without ref
erence to the certificates signed by Lee
Mantle and f. s. Booth and without
including In the list of nominations the
names of Hogan and Holmes, except as
they might otherwise be nominated.
The petition for the writ Of mandate
was signed by II. III. Kleinschmidt of
this city. The question was directly
raised that Hartman's declination to
the secretary of state was not filed un-
til Oct. IL. while the nominations of the
Mantle wing of the silver republican
party were filed Oct. s. 1t was set up
that Hartman never authorized any
one to file with the secretary his letter
of declination. The petition alleges:
Your petitioner AYERS that at the |
time the pretended nomination of the |
said Thomas s. Hogan was made there |
existed no vacancy in the nominations |
made by the said state convention of |
the silver republican party Of the state |
OF Montana as to the Office of repre- |
sentative In congress and that the pre- |
tended action of the said committee in |
that behalf was wholly void. And your |
petitioner further AYERS that at said |
convention Of the silver republican |
party Of the state of Montana a reso- |
luton was adopted authorizing the |
committee to I'LL vacancies, but that |
the said convention made no nominal |
tion of any candidate for the Office of |
clerk Of the supreme court, and that |
save and except that by reason of the /
failure of the said state convention to /
so nominate, there existed and exists /
no vacancy as to said Office.
And your petitioner further AYERS
that the said pretended nomination of |
the said Oliver NJ. Holmes. by the said |
Is void and the said certifi- |
cate Is null for that the said certificate
does not set forth the cause OF the va
cancy for the name of the person for /
whom the new nominee is to be substi-
tuted. and said certificate Is further
nun as TO the nomination OF represen-
tative In congress for that IL does not
set forth the name for whom the new
nominee. to-wit: the said Thomas 5.
Hogan. Is to be substituted.
And your petitioner further AYERS
that at the said state convention of the
silver republican party. a resolution
was adopted that the state central COM
mittee Of the said party should con-
sist OF one member from each county
In the state and that when the said
pretended to be made, your
petitioner AYERS on informa ton ana be-
lief. there was not present or voting
a majority OF the members Of the said
either in person or by proxy.
nor was there any number OF members
of the said committee present or voting
either in person or by proxy greater
han IL
And your petitioner further AYERS
hat laNd L