The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-07
JUDGE CLANCY AND
]. B. KREMER CLASH
CASES OF THE CITY AGAINST AN
ALDERMAN AND A FORMER
ALDERMAN ON TRIAL.
OBJECT TO Mr.. TEMPLEMAN
Attorneys Noon and kremer Appear and
the Latter and the Court Do
Not Exactly Agree.

There was a lively tilt this morning in
Judge Clancy's court concerning the righ,
OF ]. l.. Templeman to appear rs attorney
for the city of Butte in two cases which
are on the docket.
The cases of the city against Alderman
Heaney and Former Alderman Bachelor,
which were brought to recover an alleged
overdraft of salary, were the causes III
which Mr. Templeman appeared. Bernard
Noon who has been employed by the city
council to look after the city's legal af-
fairs, and j. Bruce krcmcr were present
to contest Mr.. Templeman's appearance in
the eases.
The matter was before the court on an
order directing Mr.. Templcman to sho&
his authority for representing the city He
took the witness stand in his own behalf
He Admits It.
Before tesifyinp. Mr.. Templcman stated
to the court that John Il. Davies desired
his name Withdrawn from the cases as at
torney for the city.
IL admit" said Mr.. Templeman, that
! am not the regularly confirmed city at
torney. | justify my position by stating
that | am the de fac,o city attorney. Mr.
Lamb resigned last May aud his resigna-
Thereupon the mayor appointed me to fill
the vacancy. | took the oath of office and
entered upon my duties. For the past six
months have been recognized by the pub
lie as city attorney and by the courts Of
the state.
Mr.. Lamb had his name Withdrawn as
attorney in cases which the city was a
party and since May 10 ! have attended TO
the citys litigation. ! think the court
will recognize me as the dc facto city at
torney."
Never mind about that part Of it, said
Judge Clancy. that will be good III your
argument. You can save that"
Not Exactly
In the cross-examnation by ]. Bruce
Kremer, the fact was brought out that
after Mr. Tcmplernan had been nominated
by the mayor. the city council had rejected
him. The the may or appointed him to fill
the vacancy which. was alleged to have ex-
isted, until the next meeting of the
councii
Was your subsequent appointment ever
confirmed by the city council 7" asked Mr.,
Kremer.
Not exactly" was the reply. s..
Has the council ever taken advice from
you:'
Yes, several aldermen have asked my
advice about matters which concerned the
city,
Have you ever been paid by the coun-
Gil = was the next question.
No, ! have never asked Tor any pay"
replied Mr.. Tcmpleman.
us it not a fact, that the only work you
ever did for the aldermen was at the re-
quest of individual members Of the council,
and not by that body as a whole 7"
How Foolish.
Mr.. Templeman objected to the form Of
the question and the court sustained him.
Il wish to show"-sad Mr.. Krcmcr.
Eyes, | know what you want to show"
said Judge Clancy. "You want to show how
foolish you are
Il may wish to show how foolish some
one else is rejoned Mr.. krcmcr.
Now you go on or you will get a
fine said Judge Clancy.
who authorized you TO bring suit
against Bachelor and Heancy?" askey Mr..
Kremer Of the witness.
The mayor
Mr.. Tcmpleman then left the witness
stand and began the argument of the case.
He eontended that because he had been
nominated to fill the vacancy caused by the
resignation OF Mr. Lamb, he was recog-
nizcd by the public as city attorney. and
therefore had the right to appear in the
cases.
For Templenan.
Attorneys Noon and kremcr argued that
the mayor had only the right TO nominate
and the council possessed the right to con
firm which made the appointment valid.
When the arguments had been completed
Judge Clancy decided that Mr. Tcmp!cman
was the proper person to represent the city
in the cases. 1t is understood that the
matter will be taken TO the supreme court