Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1903-01-01
STOOL-PlGEON LANE
VS..
SENATOR HOPKINS
CarterS HireIin9S Working
Owe rhine in Their Attempt
to UnSeat Rosebud
COunty'S Senator.
PROSECUTION is VERY WEAK
Witnesses for the Gang Show Up Poorly
Before the Commission.

Before the Commission.
In Forsyth this week proceedings
are on at the instigation of a pestilent,
oderiferous and self-seeking gang of
politicians to unseat Hon. James S.
Hopkins, state senator-elect.
Since it was first rumored that the
right of Senator Hopkins to his sena-
torila toga would be contested--and
these rumors first took the form of
ante-election threats--the Developments
in the case have been interestedly fol-
lowed by all.
So it is that the Carter Gang, after
first finding a puppet and stool pigeon,
in whose name such infamous proceed
ings as are now being conducted might
be brought, after weeks of assiduous la
Dor in gathering testimony after lavish
expenditure of money to gather wit
nesses to utter their promptings, have
before commission of justices whose
right to sit is questioned, and are COM
piling 'record" of gutter talk mixed
with the argument of counsel for the
state senate to examine.
Justice of the Peace H. G. Wright is
one of the members of the commission,
who by virtue CT appointment, is hear
ing testimony and Roderic McRae of
contempt proceedings" fame, sitting
without the slightest vestige of author
ity, is the other member. Justice
Wright, being just convalescing from
a serious illness of several weeks, is
with difficulty dragging himself
through the wearing sessions of the
comm ission.
On the Goth of last month Justices of
the Peace H. G. Wright and Roderick
McRae having received appointments
or commissions to act as justices in
taking the testimony of witnesses
brought before them, began proceed
ings in the case entitled ''In the Sen
ate of the State of Montana, the State
of Montana, Upon the Relation of Clar-
ence r. Lane, Plaintiff and Contest
ant, VS.. James S. Hopkins, Defendant
and Contestee.
The proceedings had been set for 9
a. m. of that date, but were adjourned
throughout the day to permit Attorney
E. A. Carleton to arrive from Helena,
he being one of counsel for contestant.
Therefore the first session began at 9
O'Clock of the 9th and Attorneys Sid
ney Sanner of Miles City, Frederic
Dierks of Forsyth, filed a protest and |
objections to the proceedings of the
justices, alleging that they had no
authority to act as a commission, and
citing nine different grounds in sup
port of their contention.
1t was alleged in the protest that the
original complaint filed against Sen
ator Hopkins was not verified as is re-
quired by law, in that the complaint
was on information and belief instead
of on oath, and that Lane had sworn
to nothing of his own knowledge and |
could therefore not be held to account |
III lhC lHdllClOuS charge lie ndu maze. |
1t was also alleged that the district
clerk could not appoint commission,
because the contest was brought in the |
state senate and he was not an issuing !
officer; that the justices could not sit
because of irregularity in their APP
pointments; that Justice McRae was |
not duly qualified and acting justice |
of the peace; that Justice Wright's |
commission had never been signed or
sealed with the seal of any court; that !
no definite charges were made in the |
complaint to which Senator Hopkins |
was expected to answer, and several |
other grounds of protest. The justices |
decided to take time to inquire into the
grounds of the protest, and E. A.
Carlton, for plaintiff, argued to the
justices that they had no right or
authority to attempt to pass upon the
questions raised and that they sat as
notaries public only. The justices
evidently did not agree to this, and
made an examination of the complaint