The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-02
Special Dispatch to the Standard

special DlSpdlCn 10 the standard.
Helena, Aug. John B. Welcome
must answer the charges of bribery
that have been preferred against him
before the supreme court in the pro-
ceedings instituted to bring about his
disbarment, The supreme court decided
to that effect to-day. The various tech
nical obstacles that counsel for Well
come have attempted to interpose in
order to stave off a judicial investiga-
tion of the bribery charges attendant
upon the senatorial contest were swept
aside when the court declared the case
is extraordinary, without parallel so far
as We are advised. But as it is present
ed at this time, we conceive our duty
to be to order the accused to answer
the charges, and to require him to do
SO at once"
The decision came as a shock to Well
comes counsel. They at least expected
that the court would not render a de-
cision until after it's recess. When it
became known that the court had de-
cided the case and ordered an answer
to be made to-day, the lawyers who
have been looking after Mr.. Welcomes
defense held hurried consultation and
which to answer.
Mr.. Carpenter Surprised.
When court met this afternoon B. P.
Carpenter, one of Welcomes lawyers,
presented the motion for more time. He
said that his client was out of the state
and 1T hardly seemed fair to put in an
answer without hearing his wishes. The
attorney general, who was present as a
friend of the court, said that while not
caring to appear too hasty with the
proceedings, he thought it was no more
than right that an answer should be
forthcoming. After hearing both sides
the court decided that the answer must
be filed with the clerk of the court
within 10 days, and that it must deal
with the merits of the proposition and
not be a dilatory plea. The decision of
the court is to the effect that the
charges are, of such a nature that, in
view of the previous decision that the
court had jurisdiction, it could not very
well permit the matter to pass without
an investigation. The court overrules
the objections to the accusation and de-
cides that 1T will hear the testimony it
self, if the matter ever comes to a hear
ing. AS the court expects to adjourn in
a few days for a well-earned vacation,
it is not anticipated that the hearing of
testimony, if ordered. will be before au-
tumn.
Pleading for Delay.
1t was about 2:30 o'clock this after
noon when, after disposing of another
matter, the chief justice asked Mr.. Car
penter of the counsel for Welcome
what had been decided in the way of
an answer in the disbarment proceed
ings. May it please the court" said
Mr.. Carpenter, ''about IL o'clock I
heard that the court had overruled the
objections to the accusations against
Mr.. Welcome and have tried to find
the counsel who had particular charge
in the matter. The members of the firm
to which l belong telegraphed and tele-
phoned to the principal counsel, but
have been unable to find him. Mr.. Wal
lace is now engaged in Judge Smiths
court trying a case. Mr. Welcome was
here last week. and if it is the fault of
counsel, then counsel must take the
blame for it. Mr.. Welcome had i'm
portant business in Chicago last week,
and went there to attend to it. l sup
pose he will be back soon. l have
never discussed the details of this case
with Mr.. Welcome except in a general
way. Then he denied these charges,
and treated them as scandalous. This
order this forenoon was made, think,
without the courts understanding the
situation with reference to the parties
and attorneys, the leading counsel be-
ing away and Mr.. Welcome being in
Chicago. l think we can be excused
for inferring that the ordinary practice
would prevail in this proceeding, and
we assumed that if the objections should
be overruled we would have such time
as was reasonable under the circum-
stances of the case, so as to allow us
some consultation with the accused
party as to the filing of his answer"
Arguing the Point.
lett To hn tn
answer at once?
Mr.. Carpenter-I never heard of ii.
There are generally 10 to 20 days given,
and we think it should be left to Mr..
Welcome what his answer shall be.
| think it is very important that it
should be left to him. Only the other
day / remember a demurrer was over
ruled and 20 daYS giXen. The usual