Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-03
THE WELCOME CASE.

The disbarment proceedings instituted
against Mr.. John B. Welcome before the
supreme court of this state are likely to
excite an interest throughout Montana
second only to the senatorial election Of
last winter. 1t may be taken for granted
that the contest between the two fac
tons Of the democracy will be renewed
with all its pristine bitterness and zeal,
though with less o%stentation and display
than heretofore. The one side will exert
itself to prove the allegations made
against Mr.. Welcome, with a view to
clouding the senatorial title of Mr.. Clark.
while the other side will strive with I'M
abated ardor to show that no legitimate
cause for action exists.
1t is a case that may, in the natural
order of things, very largely determine
the question of party prestige and politi-
cal leadership in the future councils of
the democracy. While no political sig
nifcance can attach to the hearing of the
evidence n the weighing of its merits
>NN tA I VI the cause
by the court. the result of its findings,
whether favorable or unfavorable to the
accused, will have a marked effect upon
the relative status of the two wings Of
the democratic party before the people
of this state. Hence, it naturally follows
that each faction of that political organ
lzation will seek any advantage which
the machinery of the law may offer
along technical lines. ~
1t is not at all unlikely that a prelimi-
nary skirmish may take place over an
effort to delay the hearing. the enemies
of Mr.. Welcome being anxious to have
the trial take place at the earliest pos
slble date, with a view to using the evil
dence submitted before the senate Of
the United States in the contest over the
seating of Mr.. Clark in that body, while
the friends of the accused may desire a
postponement Of the hearing until after
the meeting Of congress, on the theory
that misapprehensions may grow out of
mixing a judicial proposition with a no.
ltical one. But among the numerous in
teresting possibilities that may grow out
or the present action against Mr.. Well
come there is nothing in the line of DO
Atical embarrassments that may exceed
those Of a judicial character.
Should he be disbarred by the supreme
court on a showing of guilt, for instance.
his prosecution in the lower courts for
an offense against the law would nat,.
rally follow. Disbarment would not sat.
ls1y the law as to the infliction of a pen
atty, If the accused is found guilty OF
the crime alleged, Suppose he should he
tried in the lower court for infraction n,
the law against bribery. after his disbar.
ment, and acquitted by a jury of his peers
III the due progress of judicial events,
All this might happen in the re.u,a,
course of the law, and strictly in I'm
WIN the practices of the higher and the
lower courts, but it would in effect he 9
reversal of the supreme court bv the
district court, insofar as the question o,
S L lHe accused wal
involved in The issue! He would sta mr.
before the world legally innocent of =
crime of which he had been previously
ound guilty by the court of last resort
Wlthal 1t would present a very uuee,
judicial enlargement, among the posi-.
bil!ties of the situation. However. the
courts may be relied upon to act justly
and determine the case on it's merits.