The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-08-08
THURSDAY, AUGUST 8, 1901.
ENUMERATION OK RESIGNATION DEMANDED.

The people OF Silver Bow county are
patient and long suffering. When they
learned that Judge Harvey was drink
ing and in trouble they were lenent in
their structures and hoped he would be
able to explain the charges against him,
fault, though perhaps weak when under
alcoholic influence. They waited for him
to sober up and demand an investiga-
ton. They expected him to deny the
accusations against him. They thought
him incapable of betraying their conf
dence. sacrificing their interests, and
leaving the state with the gravest OF
charges hanging over him. Yet he has
gone away without one word to the good
men who elected him to the bench last
November because they believed him
trustworthy. He did not even ask for a
suspension of judgment till his return.
He did not even promise to return. No
body knows that he will return. The
only thing plain to the people is that all
over the United States the county of
Silver Bow is being advertised as place
where district judge is believed to be
under the influence of woman who is
working for pay against the ends of JUS
tice, and where property rights are not
safe because of the corruption and in
timidation of a public official sworn 10
do right.
AT first when Judge Harvey was sum-
nloned before a notary to give evidence
the people were disposed to express
some doubt as to the regularity of the
proceeding. In some states the courts
have decided that the notaries have
power TO commit recalcitrant witnesses
for contempt; in others that they have
not. In Montana the supreme court has
made no decision on the issue. BIT
whatever may have been the opinions
of the people ten days ago as to the
legality of the proceeding, there is no
doubt at present that if there be r.o,
such law in this state there ought 70
be one, under wise limitat tons. In no
other way just now could the facts that
have so shocked and disguised and an
gered the community have been brought
to light. Can it be possible that in case
Of such rank offenses as charged on the
part of judge on the bench, the people
must suffer loss and injustice without
recourse or protection, till the end of
his term, or until the legislature can
meet and impeach him? Must the pep
pie who in good faith elect an unworthy
judge submit to outrageous tyranny
and robbery and deprivation of their
rights and their property without a
chance to remove him from the posi-
ton he disgraces? If sheriff or a
treasurer or any other county officer
mediately apprehended. tried and pun
!shed. No stupid refusal to testify even
in his own behalf will gain for him i'm
munity. He must settle with the people
he has defrauded, or must establish hi:
innocence or go to jail. This being traa
why should exception be made in favor
Of Judge? He is no better than any
other public official. He is as much a
servant of the people as any other. F1s
is as amenable to the law and as a ::
countable to the public as any othar
If he rests under charges of msconduct
and refuses to testify he should b:
compelled to testify or he punished, fo
in no other way can his guilt or limo
cence be established, in no other WI!
can the people learn what has trans
pired.
In leaving the state without wor;
to the people about his recent ACES
Judge Harvey has offended and ignores
the good men of the community, som
Of whom had confidence in him to tn
very last. He has himself fully JUST
fled the proceedings before the notary
But for those proceedings the rights O
all the 2eople would have remained i
constant jeopardy, and there would hav
been no accounting for the stream @
fantastic and extraordinary decision
emanating occasionally from the foun
tain head of supposititious justice.
Without pausing to indulge in tn
meagrest pleasures of leave taking. h
has started eastward. He left the cit
Tuesday night, after the filing Of
second batch of affidavits in the Mimi
Healey case. These affidavits made ful
thcr allegations Of conspiracy againl
the defendant in the action pending b,
fore Judge Harvey, and revealed wit
more nauseating minuteness the rel,
tons between the court and Mr.
Bracket. They carried the evidence
collision, criminality and judicial ii
honor up to the present. and brougl
upon the scene a number of new, cred
bic and hitherto unsupported witnesse
They challenged immediate action {