Daily inter mountain., 1900-10-22

ical parties in the county Of Silver
Bow, and especially the republican
state convention and the republican
county convention Of 1900 in Silver
Bow county, have adopted resolutions
favoring the principle in legislation of
an eight-hour day for labor, and that
tho principle Of an eight-hour day is
not peculiar to the said 'Eight-H0ur
Republican Party" but, on the other
hand, is common to all political parties
in the county Of Silver Bow.
XIV.
Your petitioner further shows that the
reasons which render it necessary that
the writ prayed for hereinafter should is
sue originally from this the supreme
court of the State of Montana, are as
follows: The Second Judicial District
Court of the State of Montana comprises
the County of Silver Bow and in said
district court there are two judges, to-
wit Hon. John Lindsay and Hon. Wm
Clancy; that the said Hon. VIM. Clancy
is a candidate for reelection as district
judge, and is named in the certificates of
nominations of the democratic party
and the alleged Eight Hour Republican
Party. and If this proceeding We're
brought in the district court and in the
department Of Hon. William Clancy,
judge, he would be disqualified to sit.
That 1t is rule of the said Second Judi
cial District Court that civil cases are
numbered as they are filed, and that the
even numbers are assigned to Judge
Lindsay's department and the odd num-
bers to Judge Clancy's department. That
the Clerk Of the District Court is in
structed not to divulge to litigants or
their attorneys when they desire to file
cases what number will come next; and
therefore if this application were filed in
said District Court, the chances are equal
that it would fall into Judge Clancy's
department where it would encounter a
disqualified judge.
Further your petitioner shows that the
general election is to be held on Nevem-
ber 9Th, 1900, and that, as he is informed
and believes, the County Clerk and Re
corder is now preparing the ballots for
printing; that the ballot will be an enor-
nous one and will require much time for
preparation and that it is absolutely
necessary for the public good that the
matter herein presented should be de-
termined speedily and finally in order
that the printing Of the ballot may pro-
ceed without delay; that if this applica-
ton We're heard in the District Court an
appeal could be taker! and the time al
lowed by statute for preparing and set
Ting bills of exceptions woul extend to
date long subsequent to the general
election; that your petitioner is informed
by counsel and believes that under the
statute and rules of practice an appeal
could not under most favorable circum-
stances be presented in this court until
after the election
XVII. @
Your petitioner further shows that the
Hon. z. B. Nolan, attorney general of
the State of Montana, and the Honorable
Christopher p. Connolly county attor-
ney of the County of Silver Bow, have
each consented to and authorized this
proceeding to be brought in the name Of
the State of Montana at the relation of
the relator as far as it may be deemed
that they have authority so to act,
Wherefore your petitioner and relator
prays that an order may be issued
against the defendant to show cause in
this court on day certain why an in
junction should not issue against him en-
joining and restraining him from placing
upon the official ballot of the County of
Silver Bow to be voted for at the gen.
eral election to be held November 9Th,
1900, the ticket of the Eight Hour Re
publican Party" and the names Of the
persons alleged to have been nominated
by pretended convention of said Eight
Hour Republican Party which said
names are fully set forth in Exhibit B."
har ai,,1,a
said order to show cause be at an earlier
date then five days and that the court
expressly shorten said time.
WILLIAM H. DEWITT,
M. J. CAVANAUGH
Attorneys for Relator.