The Ravalli Republican., 1898-10-19
THE SECOND ROUND,
County Seat Case Rcmanded for Decisio
On Commissioners Stains

County Scat Case Rcmandcd for Decision
On Commissioners Status
The Independent of Thursday has
the following regarding the county
seat fight:
The county seat fight Of Ravalli
county assumed another phase Tues
day. Monday the supreme court
handed down a decision in a case
heard by the district judge Of that
county, sustaining the court, which
was 4 victory for the people Of Ham
ilton. The same day that decision
was made the court heard arguments
on another appeal from the same
judge, and yesterday, after holding
the case only ~ hours, an opinion
was rendered, reversing the district
judge, and giving the Stcvcnsvlle
people at least temporary victory.
AS Introductory to the decision tile
court says that owing to the fact that
the question at issue has to be adiu-
dicated before election, the case is
passed upon within so short a time,
SO that'no interests may be preju-
diced.
The case is entitled Henry Buck
VS.. James r. Fitzgerald. clerk and
recorder and eX-ot1cio clerk of the
board Of county commissioners of
Ravalli county.
1t is an appeal from an order re-
fusing an application to restrain the
county clerk and recorder of Ravalli
! , In ,,fYia a.; \
ballot for the election next month as
to include in it the question of the
removal of the county seat from Ste
vcnsville to Hamilton. The com
plant in the case in tho lower court
was attacked by demurrer, and the
court sustained the demurrer.
The original complaint alleged in
substance that Ncssrs. Watts, Lucas
and Williams, assuming to be county
commissioners Of Ravalli county, are
not such: that these commissioners
refused to receive evidence when the
petition for the submission Of the
question Of the removal of the coun-
ty seat was before them, to the effect
that about 800 Of the signers Of the
| petition for the removal were not
electors: that they did not have be-
fore them, nor did they consider
while entertaining the petition for
submission, any evidence as to the
number Of votes cast at the election
in November, 1896. The complaint
alleged that ,S75 votes were cast at
the election named, and that the
| petition for submission was not signed
by electors equal in number to one
half Of the votes cast 1T that election,
and that the petition was not signed
by more than 100: that ;,:3 OF the Pc
titiOncrs signed notice OF the with
draWal Of their names.
The demurrer which the lower
court sustained alleged Chat the allie
gation, Of the complaint were alnbig-
uous, in that it does not appear
whether the injury threatened arises
from the fact that Watts ct al were
illegally in Office as commissioners,
or for the lllcga! acts performed by
them while acting as A board or for
an Illegal act threatened to be per-
formed by the defendant.
In its decision the supreme court
nOlQs lnat Tie allc9atlOnS IN the com
plant in regard to the signcrs Of the
petition are insufficient, but rs to the
allegation that the county commits
siOners were u>urpcrs, and not COM
missioncrs either dc jurc nor de facto,
the court holds that if that is proved,
then the order made by the board is
void. 1t is rcmandcd to the lower
court for further hearing on the point
us to whether the allegation is true
or false.
Supreme Court Clerk benjamin
Webster sent the official notice Of The
decision to Ravalli county yesterday,
so the question can come before that
court at the earliest possible moment.
In case of other appeals on the same
case the time is short in which to
hear and pass upon them.