The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-02

u,
or such time as the court may permit.
/ think it is putting me in a very un-
pleasant position to answer at this
time. AT least it was unexpected, and
with all Difference to the court we will
be INDUCED and not considered in con-
tempt in saying that we were some
what surprised.
The Chief Justice-Certainly it is not
a contempt in being surprised at the
action of the court. Now the provision
OF the statute Is that answer must be
made orally in open court.
Mr.. Carpenter-Orally or in writing,
but not must answer.
Mr.. Nolan-It is in section 424.
Mr.. Carpenter-Mr. Wallace, as re-
court. He might get Judge Smith to
excuse him for a few minutes.
Attorney General Nolan's Position.
Mr. Nolan-I think the governor will,
upon inspection of the section of the
code, concede that he is in error--that
the answer can be in writing. Now,
when the defendant is called upon to
answer the truthfulness of the charges
contained in the accusation, 1.-The ac-
cused may answer ito the accusation
either by objecting to its sufficiency or
denying it. If he denies the accusation
the denial may be oral and without
Odlh anu liiuSl Dt entered upon the
minutes" If objection is made to the
accusation because of its insufficiency,
then undoubtedly the governor is cor
rect that the answer or the objections
may be in writing. ! take issue with
the governor as to the procedure in
calling for an answer here this after
noon being in violation of the estab-
lished practice of this state. 1t is not.
We are now encountering a pleading
quasi criminal in its character, and SO
far as the procedure is concerned as
affecting the defendant, I do not think
that he Is required to be present in
court to enter a denial in person.
Would the governor be willing to say
that even upon consultation with Mr.
Welcome, in the light of the attitude
that he has assumed, he would come
in here and not enter a denial, but
simply say II am guilty of the charges
that you prefer against me-" l do not
see how he can be prejudiced in any
way.
Mr.. Carpenter-Mr Welcome does
not refuse to answer, he simply asks
a reasonable time for consultation. We
think, in all fairness, we snould have
a reasonable opportunity to consult
with the accused with reference to this
proceeding. He is not here now, and,
as | say the court may blame the at
torneys We had no idea that a de-
cision was to be made.
Justice Hunt-You construe the stat
ute to require answer to be made in
open court?
Mr.. Carpenter-It says It shall be
entered in the minutes of the court,
but it does not fix any time for it.
Justice Pigott-We do not want to
meet in August, if possible.
Mr.. Carpenter-As this matter has
been here for some time I do not know
that there is any reasons for any I'M
due haste. ! think MIR. Welcome GER
tainly is not going to run away.
Justice Pigott-No, but we want to
run away, and get out of harness for
little while.
Mr.. Carpenter-I understand and
know that the court does not want
to be detained here any longer than
they can help.
No Undue Haste About 1t.
Mr.. Nolan-Well, I don't care to be
put into the attitude of being guilty of
undue haste at all, but am inclined to
think that there has not been any un-
due haste, and that Mr.. Welcome has
not been put upon lightning express
train and hurried forward to his destiu-
alton, be 1t vindication or condemna-
ton. Mr.. Welcome should be, like any
body else is, obliged to wait on this
court, and more especially in this case,
when it does not appear that there is
any reason why a denial cannot be en-
tered to-day and the case set down for
hearing some time in the future. The
attitude of the accused thus far is con-
elusive to my mind that he is going to
dispute the correctness of these charges
and the governor need not be appre-
hensive that he is going to come in here
and admit these charges to be true, and
for the life of me l cannot see why this
denial which he will make should not
be entered now and the case set some
time for the future, and so permit me
to take steps to secure witnesses. now
that the court contemplates taking a
vacation, and so have the case well in
hand when the hearing is had. 1 do
not think that Mr.. Welcome would be
inconvenienced or placed at a disad-
and any of his rights restricted
by entering his denial, which the law
must be entered in the
of the court, and can only be
made in open court.
Mr.. Carpenter-This matter has been
here for some three months and I can
not see why just at this time, in the alb
sence of Mr.. Welcome, and without an
opportunity of counsel to talk the mat
ter over with him, he should enter his
plea. I think he ought to have right
to put in any answer he sees fit, and
he ought to have at least 10 days for
of the matter of his an
swer.
The Courts Ruling.
After a brief consultation with his
associates Chief Justice Brantly said
After consultation the court has deter
mined to allow 10 days in which to file
this answer, with the understanding
that it is to be an answer to the merits
and not a dilatory plea, so that the is
sue may be made up"
Mr.. Carpenter-Well, I will say this,
that l had no opportunity to consult
with counsel, and l don't know of any
dilatory plea.
This ended the proceedings and the
court took a recess for the day.
The decision of the court in the Well
come case is by the whole court. 1t
refers briefly to the courts previous de-
cision, in which it was held that the
court had jurisdiction. 1t then quotes
the affidavit of the attorney general
stating the grounds upon which he
asks the interpositiOn of the court;
gives the substance of the affidavit Of
Fred Whiteside to the effect that a