Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-11-01
The Facts i'm the Case.

In view of the charge made by sol democratic papers that Hon Rudolph
von Tobe, republican candidate for associate justice of thu supreme court wa
indicted by the grand jury of Fergus county, it is deemed desirable to make a n
eXact statemento of h facts. s
In the early history of that county Mr. on Tobel a. appointed public ad.
Hlnlsuator hNedt the office for about W. years At that time he la pf
tn territory required that public administrators should file O the frtd day
OF every month a report of the estates remaining in their hands. 1t is well
now THAT thisla W vas little more han a ed letter n ht probably not "a
ubh administrator in ten complied Wits its requirements.
In December 1892 the grand jury ofFergus county returned W indictments
against Mr. Won Tohel; me for a failure to feh his report IN the fsto October
Ina re other fora Ike failure on the first of November of tina year. The in
dlctments were found under section s7 of the Compiled Statutes, which RAIDS
ANY district, county or township officer whether elected or appointed to
such office, h shall fail or refuse to perform n duty by Law required of
MN Is sch officer shall b e guilty of a misdemanor, and on conviction shall be
Aeu IA any sun no. Nss nan fifty Tor more than me hundred dollars"
At the time these indictments we're returned, the grand jurors stated to Mr..
franz T. smith hen IS now county attorney, that if Mr.. von Tobel filed HIS
accounts n they weref found t. b correct, it ws their wish that the indiet-
ments hould be dismissed. Mr. vn Tobel subsequently, filed his ccoun n
they were found to be in all respects true and correct, and thereupon, on mo-
ton of Mr.. smith as county attorneyt h court granted a nue proseuui in both,
cases.. 8P
1t will be understood that tn ofense charged as purely technical and did
not involve reflection upon Mr.. on Tobers official integrity. During his
of tn county or by any person interested in n estate administered by
him that involved a charge of he transportation of a single cent. On the
contrary, it is fully atested that he performed his duties with striot fidelity and
o h satisfaction of all concerned. -,
Further than this the character Of Mr. von Tobels clients in h county
guarantee Of the estimate in which he is held. In 1884 he was selected as the
nominee for joint member of the legislative assembly for Fergus Valley
Fergus county. AS a member oft the Fourth legislative assembly Turing the
session OF which there "a m talk Of corruption Q thu part of certainm mem
Tobel1 In 1896, when the democrat Legislative ticket in Fergus county raj
elected n the tissue of free coinage. Mr.. o Tobel W as h candidate of the
republican party, n as defeated by only thhten majority, running cen-
ahead of his oneague IN the ticket.
Mr. O. Tobers standing rs a member Oft the bar of Fergus county has al
Tenth judicial crcuit a a warm personal friend and tok occasion o &c
ommend i'm highly to his friends. It's nt to be doubted that if h e wre
malicious charges made against IT. v Tobel by the democratcp press. .
Mr.. von Tobel was strongly urged by the most prominent business men Of
he declined on accoun of the magnitude of his professional business and te
fact that the poslton would require his frequent absence from home.
without regard t. political affiliations. . .@ ".