Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-10-26
COURT sCSIAINS THE MOTION TO
CUASH IN THE MCCARTHY
CASE.
SEVERAL ERRORS FOUND
IN WRIT OF MANDATE.
Independent Candidate for Sheriff Will
Make Another Effort to Get His
Name on Ballot.

ent democratic candidate. to wonder at
which station he would get off in case
NcCartfy's name should be placed or
the official ballet. has not yet stampeded
for the WOODS. and does not intend to do
so. He is fighting 20 a finish the right
which he considers belongs ito every man
protected by the American flas and the
constitution by Which it is upheld.
j. E.. Moran, the county clerk and re-
corder, having been advised by the
county attorney not to place the lame o.
Mr.. Mccarthy on the official bailot be-
cause there appeared to have been some
alleged irreSularity in the list OF sigma
lures to the petition in support of Nc
Carthy's nomination., Mr.. Mccarthy Pc
titioned Judge Clancy last evenig for an
alternate writ of mandate 10 compel the
clerk and recorder TO place his name OH
the ballot, and got it. The writ CONS
manded Mr.. Moran to either place Me-
Carthy's name on the ballot or appear
in court at 10 O'Clock this morning ana
show cause why he had not done 50.
Mr.. Moran refused to honor the name OF
the independent candidate for the $4,000
q NCIl JJD, LIZ NSSiii> A'SS
specified time to show cause. He Won
the first fall. for a motion to quash the
writ on the ground that it was defective
in several aspects was sustained by the
Judge. After the decision. Mccarthy ana
his attorney hurriedly left the room for
the purpose OF preparing another petit
ton ana blank writ, ana the work was
soon complete. The matter Will be taken
up again at 9 o'clock tomorrow mornlnS.
AT the hearing this morning Mccarthy
was represented by Attorney Thomas Z.
NcGrath. and Moran by Judge W. w.
Dixon c. p. Connolly and 3. S. Ihresher.
When the matter was called the mo-
ton to Quash was presented.
Mr.. Threshor had charge of this part
of the proceeding. He walked over TO
the clerks desk to file the motion, put
Mr.. Dixon called his attention to some
thing in connection With 1T and MT.
Thresher did not make the filing, saying
he did not wish to do so at that time, as
he understood the time for filing had not
arrived.
mo matter what you understand; l
want it fled said the judge. The pa
Der is a part if the court records and l
want it made SUCH
The motion was then filed along with
two %attidavits, after which Mr.. Thresher
asked and was granted leave to make
some interlineations in the affidavit. He
then raised the question of the propriety
of the Judge to sit in the case. He called
the attention of the court to the fact that
in a similar proceeding before the SUI
preme court a few days ago Justice Word
had teDDed aside and allowed the other
two Judges to decide the matter. He
mildly timated that Judge Lindsay
would be in session during the day and
would doubtless hear the matter. The
suggestion was based upon the fact that
Judge Clancy, being a candidate for Of
flee. and Judge Lindsay not being a cam
didate it would be better for the latter
to hear the case.
IF you can show any good reason why
I am disqualified from hearing the mat
ter said Judge Clancy, Il would like
to nave it,
Il merely suggested such a course
said the attorney.
You are afraid I will step on some
body's corn and will lose a. few votes"
answered the judge, with a smile. II do
not care about that feature of it; do not
care to so lodging about on an election
eering tour. At the same time I see
no reason and know of no law that pre-
vents me from hearing the case. You
can see Judge Lindsay and if he is will
ing to adjust the matter, all right"
At this point Attorney McGrath said
the court was not disqualified from sit
ting in the case and as the time for com
plotting the nominations ~ drawing to
a close he wanted the hearing to take
place right away.
We do not wish to be understood as
opposing your honor in the hearing" said
Judge Dixon. THE two departments are
one court, and we merely present the is
sue as a suggestion
If there is no other reason save that
of politics." remarked Judge Clancy, 81
will hear the case. Go ahead, gentle
men,"
The motion to quash the writ was the1
read. 1t was based upon the allegation
that the petition for the alternate wri
of mandate had not been properly pre-
Eented to the court; that the writ wa.
also defective because it bore no date
Further, that the writ had not beef
properly served On the respondent. MI
Moran, by the sheriff; that it had no
been properly attested by the clerk O
h court, and that facts necessary werl
not sufficiently set forth in it. One claus
in the document stated that Jeremia
Mccarthy had been nominated for tn
office of sheriff of Silver Bow county in
stead of nominated as a candidate 70
the office, and the respondents attor
neys found fault with it. :.
Counsel for the relator explained thi
by saying that it was clearly a clerica
error, the result of a hasty preparatio
of the paper because of the limited tim
for getting the matter before the coul
and having it decided.
Several other inaccuracies were e,
planned in a similar way.
In deciding the matter the judge state
that it appeared to him as if the confer
tions of the respondent had been we
taken and he would sustain the motto
to quash. You can start again. |
continued. addressing the attorney f,
Mccarthy.