The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-12-30
CUNNING FOR A JUDGEsHIP.

CUNNING FOR A JUDGESHIP.
In the opinion of the distinguished
Peter Breen and the newspaper which
is so ably and earnestly c~hampioning
his cause, the Butte Evening News,
he stands in a fair way of still being
one of the judges of the district cours
of Silver Bow county, notwithstand-
ing that at the late election a majority
of the voters of that county declared
him persona non grata. Mr.. Breen
wants a judgeship and wants it so
badly that he is hunting for n with
a sort of a scatter gun and out of the
flock of three which he alleges to be
vacant hopes to bring one down.
1t will be remembered that Mr..
Breen was a candidate Of the Heinze
movement for judge last fall. BY a
number of votes so large as ITO leave
no possible 10 for doubt he was de-
feated. Claiming that frauds had
been committed, he instituted a n
test against the two men who were
declared to have been elected. While
this was still pending he suddenly re-
membered that the third judge-Silver
Bow has three-was elected two years
ago, when a vacancy existed. Seem
ingly being doubtful as to the ucces
of the contest, he took a new tack and
set up the claim that the election of
dhe man of two years ago, McCler-
nan, had been only to ill an unexpired
term and that his tenure would ex-
pire with THE beginning of the new
year. Acting on this assumption, he
applied ito the supreme court and
asked that tribunal to issue an order
directing the governor to give him a
certificate of election. In his motion
he set forth that all three judgeships
would be vacant and that as he had
received the third highest vote cast at
the election he was by right entitled
- c,,oooad MoC1orpon 81
A motion ito quash was made by the
attorneys representing the governor
and Judge McClernan, while a de-
murer to the complaint was also
made. Both the motion and the de-
murrer were overruled a few days
ago. Now comes Mr.. Breen and his
newspaper supporter and claim that
&his practically means a victory for
him, being tantamount to a declara-
ton of the court that his contention
Is correct and that McClernan's term
does expire at the same time that
those of che other two judges now on
The bench do. Already Peter sees
himself a judge dealing misery and
sorrow to his enemies.
Wrhile he has gained a point, Mr..
Breen is still far from the coveted
~ ~ Annchsn Tho o0,rwf cno rfn1 Tho M
apondents five days in which to file
1heir answer, which means that the
whole matter is now to be tried on
tSt&e merits, after which decision will
Qslye rendered as to the question of the
lAe1piration of McClernan's term. Even
thongh it should be decided that the
ground of the plaintiff was well taken
and that a vacancy exists, it would
Deem that Breen will then NOT be in
the position of a mortgage authorized
10 ~foreclose. His candidacy at the
election was not against McClernan,
1TEHN lE
hut for one of the vacancies to be
created by the expiration of the terms
Ufs CLANCY and Harvey; hence it seems
unreasonable that he be permit
led at this late day to some into
court and claim that he was elected
= successor to McClernan, whose po-
Bition then seemed assured for at
least another two years.
TO a layman it looks very much as
1hough the greed for Office had caused
The eminent county attorney of Silver
Bow to overreach himself. If he
$3.50 Il. -F--.--- !,