The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-10-01
HElNZE AND CLARK WILL HAVE TO
APPEAL TO STATE BODY IN
THEIR DIFFERENCE.
WHICH TICKET is TO BE
PLACED ON THE BALLOT?
This Is the Question and There Is a
Precedent by Which to Go-The Fac
ton Which Properly Represents the
Electors OF District Is the Faction
Entitled to Consideration.

Ii is up to John Weston, clerk of Silver
Bow county, to say who will he first to
start mandamus proceedings to decide
which Of the county democratic parties
is entitled to n place on the official ballot.
Il am not certain as to what action |
will take in the matter" said MIR. Weston
today when questioned by an Inter Noun
is that any party x 7 x? x2
tain reporter. MY impression is that
any party may file their nominations in
my Office. but when ii comes to placing
them on the official ballot ii is another
matter II is a question that have not
considered ! suppose the courts will be
asked to decide the question"
Not Made Up His Mind.
When told that il would be necessary
for him to make a decision before il could
properly come before the courts, Mr..
Weston added:
II have given the matter no considcra-
tion and could not say what action | will
take | win get the best legal advice
before deciding"
The question for Mr.. Weston to decide
Is as TO which Of the county democratic
tickets he will place on the official ballot.
There are two parties in Silver Bow
county claiming the name of democrat
The one is led by Senator w. A. Clark
and the other by +. A. Hcinze. The reg
ular democrats have already made their
county nominations, and the Hcinze con
vention will meet tomorrow for the pur-
pose Of perfccting a fusion with numcr-
Gus other parties.
Little Doubt as to Who Is Right
The people of Silver Bow county arc
well satisfied as to the ticket that should
be given place on the official ballot The
Clark central committee meeting prma-
ries and convention, were absolutely reg
ular and there would seem to be no ques-
ton as TO what the county clerk should
do. But it Is known that great pressure
will be brought to bear upon Mr. Weston
to decide in favor OF the Heinzc ticket.
Should he do so. il will compel the
democrats to bring mandamus proceedings
to force him to do his duty.
Such proceedings are brought in the
supreme court and ii is not at all
certain which way that body will de-
eide. Two years ago the court passed
upon two similar cases, and held
thai the seating of the delegates
in state convention did not give the con
vcntion whose delegates were seated the
right to use the party name in making
county nominations. II is claimed by the
Icinzcites that the supreme court would
be forced to reverse two decisions Of two
years ago in order to let the democrats
file their nominations and obtain the
place they are entitled to upon the official
ballot.
Precedent in the Case.
However this may be, il will be OF
interest to every one to know something
OF the history Of the cases which the SUI
preme court decided. The two cases re-
fcrrcd 10 came from Ravalli county and
Deer Lodge county The regular demo.
cratic convention was held in Deer Lodge
and for some frivolous cause, one wing Of
the delegates refused to abide by the de-
cision OF the ma ajority, charging that the
majority intended to leave the democratic
party
Immediately upon the adjournment Of
the convention Edward Scharnikow called
upon all the delegates present and all
other democrats who agreed with him to
remain and organize for the purpose of
formulating a protest against this contcm-
Continued on Page Thrcc.)