The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-15
COURT FIXES THE DATE
Welcome Will Have His Hear
ing November g.
WITHOUT FURTHER DELAY
A Distinct Understanding That There
VIII Be No Postponement-No
Objection to the An
swer Made.

Special Dispatch to the Standard
Helena, Aug. 14-John b. Welcome
must be ready Nov. to refute the
charges of bribery that have been pre-
ferred against him and prove to the
supreme court of the state that he cid
nothing in connection with the senate
rial candidacy of w. A. Clark that was
Incompatible with the honor and dig
nifty of the profession of the law. The
supreme court fixed that date to- day
and then adjourned for vacation.
Justices Hunt and Pigo:t held a short
session of court to-day, the chief JUS
tice being absent from tle state. At
torney General Nolan, who as an ami
Gus 'curiae or friend of the court in
the dlsbarment proceedings, was Pres
emit, addressing the court said that he
presumed that the court knew .har the
answer in the Welcome disbarm.nt
proceedings had been filed within the
time fixed by the court. He said that
ordinarily he would have moved TO
strike the answer from the files. He
SAID that when Wellc )me had been or
dered to reply instanter, he tWallcome)
complained of the order of the court
and seemed to feel tina. unseemly haste
was demanded. Ten days additional
'iiiiV WSie diioWeu, 20 ~
ford Welcome an opportunity to pre-
sent personal denial. Instead Of such
a denial Mr.. Roote had personally an
peared as compurgator. "one who
swears to the innocence of another"
This" continued the attorney gen.
eral, was no doubt done under the
mistaken belief that dsbarment pro-
ceedings constitute civil action and
that denial upon info ':nation and
belief is all that can oe demanded.
Whether Mr.. Roote holds the key TO the
conscience of Mr.. Welcome ! am not
prepared to say, but this I do say:
The exigencies of the occasion demand
ed not a vicarious denial on the part
of Mr. Roote, but personal denia.
on the part of Mr.. Wellc )ma. lie
owes it to the court and to himself
to do this. A motion to strike from
the files would necessitata more delays
and | am anxious that AT the earliest
possible moment hearing sh ,uld be
had upon the denials presented by the
answer and give Mr.. Wel!c ome an OF
portunity, if the proof Is within his
reach, to satisfy the court that The
charges preferred are groundless and
that he is much abused and rlalign-
ed man."
WAS Mr.. Welcome in tine state when
the answer was fled" asked .Associ-
ate Justice Hunt.
Il am advised he was" said Mr. Nc
Ian in reply. But sufficient time was
allowed so that the answer could have
been verified by him in Chicago o.
New York"
rs he required to verify the an
swer?' asked Associate Justice Pig
ott.'
He may not be required to verify
the answer" said the attorney gen.
eral, but he is required to state to
this court upon his own knowl-
edge that acts charged to have been
committed by him We're not commit
ted If the court does not object, I
am willing the answer as filed should
stand so as to secure hearing upon
the merits at the earliest practicable
moment and would therefore suggest
that the court set the case for the
middle or the latter part of October
The month of October is already as
signed for hearing cases" said Justice
Hunt But we will set the case for
the first Monday in November with
the distinct and specific understanding
that it shall be tried at that time"
After inquiring from one of Well
comes counsel if that time would De
acceptable and receiving an affrma-
tive answer, the court ordered an en-
try to be made in the minutes fixing
the day upon which the court Wi. COM
mence to hear the evidence in the ia
nous disbarment proceedings. AS the
court emphasized the fact that its ac-
ton was with the distinct and specific
understanding that the case should be
heard at that time, it is not believed
that it will be possible for Welcomes
counsel to secure a further delay ard
that they must now prepare to meet
the charges that have been preferred
against their client of bribing certain
members of the legislature in the in
terest of w. A. Clark.
Before adjourning for the summer
I'D n aIa
orders in other matters besides the
Welcome disbarment proceedings. In
the case of the state VS.. Nixon, which
is before the court on a motion to re-
instate, the appeal of which was dis
missed August ] because no brief had
been filed, the court allowed the attor-
ney general 10 days in which to file
counter ffidavits to those filed a few
days ago by Nixon's counsel. 1t also
ordered that counsel for Nixon be al
lowed until September Is in which to
file a brief in support of the motion to
reinstate. The attorney general was
allowed until the first Monday in Oc-
tober to file a brief opposing the motion
to reinstate. Meanwhile the courts or
ders act as stay, and the Butte man
who was convicted of libeling w. C.
Speer and sentenced to three months
in Jail will not have to serve sentence
until the matter of reinstating the ap-
peal has been finally decided. The at
torney general does not expect to file
any counter affidavits, believing that
he can make a sufficient showing why
the case should not be reinstated when
he presents his brief in opposition to
the motion.
The court also granted an extension
of the injunction issued by the judge of
the 10th judicial district, Fergus coun-
ty, in the case of j. l.. Bright VS.. T. l..
Burke and others, conditional upon
plaintiff furnishing bonds in the sum of
$40, 900 to be approved by the clerk of
the court in that district. This is an
action in which Bright seeks to pre-
vent the other parties from removing
the tailngS presumed to be valuable
from their present storage in the vicin-
ity of the Spotted Horse mill at Mai
den, Fergus county.
Tomorrow Justices Hunt and Piggott
will leave for the mountains for an out