The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-07-14
DoulI, Siebenaler, Ryan;
Gallagher and LaIly
Named in Writ.
mot FREEH0LDERS'
Such IS the Claim of Ex-
ecutive Who IS Backed
by Templeman.

Aldermen Doul, Ryan, Gallagher.
Siebenaer and LaIly do not want to bo
removed from office.
When they were apprsed Of the pur-
pose Of Mayor Mullins a conference was
at once called. II is in progress this
afternoon.
The mayors plan 10 ouot them from
the city council will be combatted.
When asked what they intended TO
do about the matter the aldermen said
their plans had not been made.
~ have just now been told Of tho
action OF the mayor" said Alderman J.,
d. Gallagher, "snd do not yet under.
stand the nature OF the proceedings,
Anyway, until the papers have been
served on me, cannot discuss tho
matter"
rat Mullins, mayor Of Butte, tliA.morn.
ing began quo warranto proceedings in tba
court Of Judge lIarney to oust five alder.
men from Office The aldermen are lame,
Donll, A. g. Sicbonaler J. -. GALLAGHER.
NJ. Ryan and r. ]. Lally.
The ground on which the action was
begun Is that the aldermen were not at the
time they were elected, and are not now.
ta~paying ireeholdcrs In the case Of
Gallagher, II is also alleged he was NOT
resident Of the ward he represents the
Fourth, when elected.
Tcmpleman in CLarae.
Attorney J. l.. Tcmplcman. Mavor
Mullins nominee for the Office of civ
attorney whom the board Of aldermen has
never confirmed, has charge of the case
and filed the complaints.
lie appeared in Judge IIarney's court
this morning and asked the court for per-
mission to file the complaints in the ouo
warranio proceedings 10 Dust the alder.
men He was allowed to file his applica-
tons, and then to file the complaints.
Along with this, the court ordered sum-
monscs issued and served on the defend.
ants in the eases. The summons Mr..
lemploman said this morning, would 10
served today.
Taxpayer and Resident.
The complaints allege the MAYOR is
taxpayer and resident Of the city. and
that the city is a municipal corporation.
They say the city has city council.
''' wv N"Hh'illl'l iiOIn tacN ward, and
that there are eight wards.
Then they get down TO business and
allegc that the defendants are "unlaw-
fully holding and exercising the duties Of
aldermen and pretending to represent" the
wards they are in, when I'm fact they have
no right. or title to hold or exercise the
duties of such Office"
=, The complaints say the defendants are
lllcgiblc to such Offices under the law. he
cause at the time Of the election, April ?.
they were not and are not now taxpayine
lreeholders within the limits OF the ty
Of Butte"
Attorney General Refuses.
Mayor Mullins, rclator in the cases, Is
alleged to be the duly elected, acting and
qualified mayor and it is alleged that be-
lore he began the present proceedings he
Attorney General Donovan to
)ring proceedings to oust the aldermen.
Jut that the attorney general refused.
The final Allegation of the complaints
S that the relator has no plain, adequate
md speedy means of relief.
Ihc complaints conclStle with prayer
lsking Judgment that Ne defendants are
rot entitled to the Offices they hold and
hat they be ousted from office and be re-
lulred to pay the costs Of the proceedings
gainst them.
The prosecution of the quo warranto
,roccedinss will be conducted by Attorney
lemplcman and Attorney John H. Davies.
Who is the unconhrmed assistant city at
orney.