Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-12-31
CASES IN COURT
DEFENSE TRIES HARD TO EVADE
THE CONTEST.
JUDGE SMITH ALL BUSINESS.
No Trifing OF Evasion While He is on
the Bench-Must Fight it
Out.

The close OF the nineteenth century
finds a spir.t ted election contest in prog
ress in Deer Lodge county. The court
mouse upon the hill is a center of in
ferest In Anaconda today, and will be,
no doubt. for more than a week to come.
The proceedings that are taking place
there Will be watched closely by politi-
clans all over the state, for this fight
will determine whether or not that wing
of the democratic party which styled
itself as the "independent democratic
party in the late campaign, will have
representation in the legislative assem-
bly which meets in Helena next Mon
day. BY this proceeding the contestants
expect to prove that the ballot box was
grossly outraged in the city of Ana
!conda ana Carroll on the 9th day of last
November. and that thereby nearly the
entire Independent democratic ticket
was elected. and had not these things
happened, every candidate on the re-
publican legislative ticket would have
received Il plurality of the ballots cast,
as well as a majority of those who ran
for the various county offices on the
same ticket.
The contest promises to be bitter to
the very end. Lots of bad blood has
already been displayed. and there is
every indication that the fight now
being waged will be one of the MEM
orable political events of the new GEN.
tury in Montana.
In the legislative contest suits, w, r,
Allen, NJ. J. FitzPatrick, Charles Jak-
ways, {. II. Williams and ]. c. English,
= who We're the candidates of the republic
Gar party, as contestants, have UNDER
taken to show to the members of the
Forthcoming legislative assembly that
ny means of fraud and intimidation,
j. r. Toole, j. NJ. Madden, Thomas Nc
!TaSue, Michael Geary and Joseph Nc.
Donnell We're declared elected, and they
Wlll ask that the election certificates
OF the latter be declared null and void,
and that the contestants be declared
elected and seated in their places.
orrin Emerson and j. H. Powell, the
two Deer Lodge justices of the peace,
who were named by Clerk of the Court
Corcoran to sit in the grand jury room
of the court house and receive the depo-
sition of Witnesses. did not reach Ana
Hconda until about 8 o'clock Saturday
afternoon, although 10 o'clock in the
morning was The line set for their ap-
pearance on the scene. When they met
for organization shortly after 4 o'clock,
the attorneys representing the con-
testees undertook to show to the two
venerable justices that through their
failure to be present at the appointed
hour they disqualified themselves to
legally carry out the functions intended
of them.
Attorneys Duffy and Boarnan under
took to quot law sustaining their point,
this was promptly met by Attorneys
C.. j. Walsh and 7. O'Leary, who APP
peared for the contestants, who also
sproved themselves just as apt in quot
ing the statutes. Mr.. Walsh also called
attention to the fact that when the JUS |
tices failed to ppear in the forenoon,
Col. 7. O'Leary and ]. w. James, as
counsel for the contestants, found pro-
lection under Section 236 of the Politi-
cal Code, and demanded of the clerk of
the court that citations be issued to two
other justices of the peace to fill their
places; that the clerk refused to acqul-
esee in the demand made upon him, and |
that the clerk stated to the attorneys
THAT the language used in the statutes