The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-01-23
SENATE REJECTS APPOINTMENT
OF DISTRICT JUDGE.
The VOTE STOOD u TO "a
Governor TooIe Says Action OF SEN
ate Cuts No Ice-other
Opinions.

Helena, Jan. 22.-The democratic
senate late yesterday afternoon in
executive session declined to confirm
the appointment of w. r. C. Stewart
OF Bozeman as judge OF the Ninth
judicial district to take the position
made vacant by the election Of Judge
William L. Holloway to the supreme
bench. The senate confirmed all
other appointments made by the gov.
ernor since the Seventh legislative as
sembly adjourned not quite two years
ago. Fourteen senators voted against
the confirmation of Judge Stewart
and twelve voted to confirm the ap-
pointment
The senate went into executive ses-
sion Immediately after the routine
bueiness of the day had been con-
cluded. An elaborate attempt was
made to keep the proceedings secret.
Everyone except the secretary and
the members was excluded from the
senate chamber, guards were posted
about all entrances, and every point
of vantage was kept under the
watchful eyes of the sergeant at arms
and his assistants. The members
left with the understanding that none
of them were to speak of the action
taken by the senate behind closed
doors.
Two hours after the meeting the
action of the senate in executive ses-
sion was generally known.
The opinion prevails, apparently,
among the senators themselves that
the refusal of the senate to confirm
the appointment will not affect the
status of the judge. Governor Toole
stated yesterday afternoon that Judge
Stewart would continue to serve on
the bench.
former attorney general of the
state and prominent resident Of east
ern Montana took different view Of
the situation.
If | were trying case before
Judge Stewart tomorrow, he said,
Il would feel that it would be of no
force. I believe that the governors
appointment requires the confirmation
by the senate in this case"
That was also the opinion of several
members of the senate. These mem
bers would not discuss the subject
last night for publication. It is known,
however, that they believe that Judge
Stewart is virtually not judge of the
district court by reason of the SEN
ate's action.
A former lieutenant governor said
last night that he believed the ap-
pointment would be valid without
confirmation.
I'm my opinion he said, Judge
Stewards appointment does not need
to be confirmed by the senate. The
case is different with him. He is
merely filling the unexpired term of
a judge who was regularly elected.
That Office is not among those con-
templated by the statute. I have not
looked the question up, but feel that
the action of the senate does not in
any wise affect Judge Stewart's
status"
The case of State Mine Inspector
John Byrne was cited last night by
several persons who discussed the ac-
tion of the senate. 1t is argued, how
ever that the cases are not parallel,
as the Office of mine inspector is pure.
ly an appointive one.
Two years ago the senate declined
to confirm the appointment OF Mr..
Byrne. Governor Toole did not con-
Germ himself by the action of the SEN
ate, and Mr.. Byrne has been drawing
his pay regularly ever since. It is
stated that the governor could reap
point Stewart judge Of the district
court after the session if he chose.
See here!" Indignantly cried the
transient guest, "here's a bone collar